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HomeMy WebLinkAboutBOS MINUTES 9-10-1980BOARD OF SELECTMENAIGHT COMMISSIONERS A G E N D A September 10, 1980 1. 7:00 P.M. Executive Session- Town Counsel to discuss pending litigation 2. 7:30 P.M. Call to Order 3. Minutes of August 27, 1980 and September 3, 1980 4- Warrants 5. Correspondence 6. 8:00 P.M. Public Hearings DeTrolio Liquor License Karl Clemmey - Underground storage tanks American Paper - Underground storage tanks New England Telephone - Pratt St. (Granada Park) 7. Old Business 1. Town Manager Report a. Water Master Plan b. Police Reorganization 2. Special Town Meeting 8. New Business 9. Adjournment NEXT WEEK: Depot Hearing BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER 10, 1980 Meeting opened and 7:00 P.M. PRESENT: Chairman Mahana, Selectmen Avery, May, DeLong, Levine, Town Manager W. Chadwick Maurer, Jr. At 7:05 P.M. Selectman Avery moved for Executive Session with Town Counsel to discuss possible litigation, seconded by Selectman May. VOTED: 5 -0. Executive Minutes typed separately. MINUTES August 27, 1980 - Selectman DeLong requested a correction on Page 3 under Airport Commission appointment was joint with the three members of commission present and voting in favor. Vote to read: 7 -1. Selectman Levine requested on Page 3, #2 the word abstaining be changed to absent referring to her absence on the vote for Junk Dealer's License. On a motion by Selectman Avery, seconded by Selectman May, the Minutes of August 27 were approved. VOTED: 5 -0. September 3, 1980 - Chairman Mahana requested a letter of commendation be sent to COA Director Paula Kilby for her efforts in obtaining three grants. The Board polled, all in favor of sending letter. Minutes of September 3, 1980 approved on a motion by Selectman Avery, seconded by '- Selectman May. VOTED: 5 -0. WARRANTS #27 Town Expenses for $37,330.41 app °oved on a motion by Selectman May, seconded by Selectman Avery. VOTED 5 -0. #28 School Expenses and Town Payroll for $64,156.89 approved on a motion by Selectman * Avery, seconded by Selectman DeLong. VOTED: 3 -0 with Selectmen May and Levine abstaining. Correspondence Letter from Town of Marshfield with notification of 1960 Fire Truck to be advertised for sale. Sewer Connection Permit for Rodney Plourde for property located at Lot 10 Fruit St. Mansfield. State permission required for opening of South Main St, Rte. 140. * Approved on a motion by Selectman May, seconded by Selectman Avery. VOTED: 5 -0. Letter from Water Resources Commission granting approval of sewer connection permit to Ronald S. Bonvie for 21 East Street, to be issued within 14 days if no objections. Letter of resignation from Calleen C. Cheney of Finance Committee. Accepted on a motion by Selectman Avery, seconded by Selectman May with request to send letter of * appreciation. VOTED: 5 -0. 1 Letter from Town Counsel to Superintendent Barbarisi relative to Sovereign Immunity. Letter of resignation from Robert Tighe of Cable T.V. Advisory Board. Accepted on a motion by Selectman Levine, seconded by Selectman Avery with request to send letter of appreciation. VOTED: 5 -0. Chairman Mahana asked that Ed Morrison be contacted to see if there is a candidate to be appointed next week. BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER 10, 1980 Page 2 Selectman Levine asked the press if they would publish the fact that there is a vacancy on the CATV Committee and it is crucial this be filled as soon as possible. Letter from SRPEDD with a request for written endorsement from Board supporting $25,000 energy grant. Selectman DeLong suggested SRPEDD include Plainville site in the study of waste to energy as being a Clean Communities member. This was * moved by Selectman DeLong, seconded by Selectman May, voted 5 -0. On a motion by Selectman Avery, Seconded by Selectman Levine, the board voted 5 -0 * to support SRPEDD energy grant. Election;. ballot for Board Director for * Municipal icipal Association listing nominations. On a motion by Selectman DeLong, seconded by Selectman Avery the * Board voted in favor of supporting Laura Underhill as District #4 Director, 5 -0 Letter from Laura Underhill asking for Board's support in upcoming District election. Public Power Newsletter. Bristol County Home Care report for June and July. Massachusetts Tourist Information Center Monthly Report for August. Unites States Treasury Securities from First Bo ton. Letter from SRPEDD enclosing final draft of the Transportation Improvement Program. Memo from Massachusetts Educational Conference Board relative to conference on Proposition 22 to be held September 29, 1980 at 8:30 a.m. to 3:30 p.m. Park Plaza Hotel, Boston. Copy of letter from MMWEC to James Hall listing the Fall 1980 Regional Power Meetings, Mansfield at Sheraton on October 6, 1980 from 7:30 P.M. to 9 P.M. Highway Division Motor Pool report August 18 - 28, 1980. The Board reviewed the well pumping schedule for the week questioning why there seemed to show an unusual surge and could it be related to schools opening. Chairman Mahana asked Town Manager to contact superintendent of schools asking for conservation where possible. Town Manager will discuss chart with Bob Morrison first. Board also requested that press put notice in paper that water ban is dill in effect until October 1 unless otherwise lifted. PUBLIC HEARINGS 8;00 P.M. Peter and MaryAnn DeTroilio, d/b/a Elm Street Variety, application for package store license for the sale of Malt and Wine, not to drink on the premises. Mr. DeTroilio addressed the Board noting his reason for the application is that there has proven to be an increased profit in this type of business with the sale of beer and wine. The hours of operations would be from 7 a.m. to 10 p.m, seven days A week. BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER 10, 1980 Page 3 DeTrolio Hearing There will be no sale of liquor on Sundays. Selectman Avery asked if the sale of beer and wine would start at 7 a.m. daily, Mr. DeTrolio replied from 10 a.m. to 10 p.m. At this.time Bonnie Nelson of 463 Elm Street submitted a letter from a neighbor who could not attend, John and Merle Hansel of Elm Street who state it is not necessary for a variety store to have a liquor license. Larry Fleming of 19 Lantern Lane asked how a license can be granted before the property has been acquired? Mr. DeTrolio replied there is no problem with the sale and that a variance is not required for the sale only for the parking. Mr. Fleming, as well as Joe Cascio, John Cleary, Bud Calhoun, Charles Scott, Jeol Thompson, and Bill Linneinger all residents of the area, expressed their concern that the sale of liquor in this area will draw youths who will loiter either on the premises or in the neighborhood. Also a concern for increased traffic was expressed. Mrs. Virginia Lynch commented that there has been a drug problem in the area which has recently calmed down and might flare up again with the sale of liquor and the increased traffic to the area. Bonnie Nelson felt that with the proximity of the Country Store which also has a liquor license, there would be no need of another in the area. In response to these concerns, Mr. DeTrolio stated he had been involved with Boy Scouts for nine years which has given him training in dealing with young boys and teenagers. He noted that he would lay down the rules of no loitering and would enforce them himself or call police if necessary. Chairman Mahana asked Mr. DeTrolio if he intended to keep the gas pumps which are now on the premises. Mr. DeTrolio maintained that he was not sure at this time. If the gas allotment is available and would be profitable he may. John Cleary asked Mr. DeTrolio if he would still intend to open the store without a liquor license and he replied probably so, but financially it might be a hardship. MaryAnn DeTrolio spoke in response to the loitering problem, that she lives in the vicinity of Central Liquors, who has a large blacktopped parking area, but has been without loitering problems. Also DiMonte's on Pratt St. which sells beer and wine does not seem to have problems. Mr. DeTrolio feels the burden of controlling the youths should be on the parents, not on himself. Another resident of the area asked if the zoning requirements were being met by converting from a gas station to a store? Town Manager Chad Maurer replied a store would be a less intensive business than a garage, and therefore perfectly legal. Selectman DeLong stated he has become opposed to expanding liquor licenses in this Town. Selectman DeLong moved the application be denied because it is not appropriate to the area and there is a probability it will be detrimental, seconded by Selectman Avery. Selectman May spoke against motion because he feels competition is good. He spoke of his respect for Pete DeTrolio and his assurances of operating a good business. Selectman Avery commented that ever since he had been on the Board he has been opposed to issuing any other liquor licenses unless absolutely necessary. * VOTED: 3 -2 not to grant the license with Selectmen Levine and May opposed to motion. Karl Clemmey - Underground Storage Tanks. At 8:55 P.M. Clerk May read the legal notice to open public hearing on the appllation of Karl Clemmey to store waste oil underground at 390 West Street. BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER lo, 1980 Page 4 Chairman Mahana noted that all necessary approvals had been received by Planning Board and Fire Chief and that application was for three 10,000 gallon tanks. Selectman Levine asked how often the oil will be removed from the tanks. Mr. Clemmey replied about once a month by a private contractor using a hose and tank truck. Chairman Mahana asked where the oil would come from and was told by Mr. Clemmey that he would be collecting from other reclamation areas and storing in bulk for resale. Hearing no further comments from the Board or floor, a motion was made by Selectman Avery to grant the license, seconded by Selectman May. VOTED: 5 -0. Hearing closed. American Paper Underground Storage Legal notice of public hearing read by Clerk May to open hearing on Application by American Paper for underground storage of diesel fuel at 87 Central Street, Mansfield, for two 5,000 gallon tanks. Selectman Levine asked if there is supposed to be blacktop around the delivery area. Since the applicant was not present to respond to questions, the hearing was postponed on a motion by Selectman May, seconded by Selectman Avery. VOTED: 5 -0. New England Telephone- Granada Park At 9:00 the hearing was opened by Clerk May who read a petition by New England Telephone to place and maintain buried cables, etc. under the surface of Pratt St. Francis Brown, Rights of Way Supervisor, informed the Board this would provide for telephone service to Granada Park with all utilities to be underground. This will be a joint venture with Mansfield Light Department. David Alessandri, an abuttor, asked if New England Telephone would be going onto his property. Mr. Brown explained the trench would be dug in the Municipal way and would not encroach on private property. Selectman Levine asked how deep the cables would go and Mr. Brown replied about three feet with two feet of cover. Then there is a separation of sand between the telephone and electric cables. On a motion by Selectman Avery, seconded by Selectman Levine, the petition was * approved. VOTED: 5 -0. Hearing closed 9:10 P.M. At 9:15 P.M. Ed Tartufo of the Board of Health approached the Board with a request for an Article on the Warrant for Special Town Meeting to appropriate funds for a Sanitarian. Chairman Mahana stated his feeling that a Special Town Meeting should not be a catch all and would like to see this held for the Annual Town Meeting. Old Business Town Manager reported he had worked with Art Stockus on the water master plan and a copy of their letter has been submitted to the Board. Also a program to overcome the water supply problem was prepared and a copy given to Board members. A discussion followed on the presented program. Town Manager reported that Well #2 is being pumped only during the night because of the high content of iron and manganese and is being pumped in conjunction with Well #3 to mix. He recommends continuing on with the present conservation program because we have overtaxed the wells so much that we cannot shut one down without creating a water problem. He also recommends an article for Special Town Meeting to amend by -laws for the enforcement of the water ban. BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER 10, 1980 Page 5 Town Manager also recommends a transfer of $25,000 from the Dustin Well Account to the Well Cleaning Account to be included in the Special Town Meeting, approximately $15,000 to start each fiscal year, with the balance to be set aside for the cleaning of Well #5. The cost per million gallons a day to upgrade #5 with the various alternatives mentioned in the report was too great. Arthur Stockus feels we might be better off cleaning #5 on an annual basis at approximately $8,000 per year. Selectman Levine asked if $10,000 for well cleaning should be raised in order to clean more wells more often. Town Manager replied that could be done. Town Manager also recommends $50,000 for Well Exploration and Testing. Chairman Mahana asked how muchl-as been appropriated in previous years for well exploration and when told approximately $20,000 by Town Manager, he asked how $50,000 could be justified at the upcoming Special Town Meeting? Town Manager replied that once the wells are located, the prolonged testing must be done and there has never been enough appropriated for that. Town Manager reported that on the Farmers Home Loan Association application neither Joan Cutillo or the bank are in favor of the Town going out for a 40 year loan, due to the amount of interest involved over 40 years, and the relatively small difference, $197,000 over 20 years as compared to $137,000 over 40 years. After some discussion the Town Manager explained he misunderstood intentions of the Board thinking they wanted to use the savings for another project. However, Selectman Belong felt the savings was to be left in the pocket of the taxpayer. Upon further discussion of the water report submitted, Selectman May commented that it was an excellent, informative report. On a motion by Selectman Avery, seconded by Selectman May, the three Articles as noted and presented by the Town Manager on the water issues were accepted for inclusion on * the Warrant for the Special Town Meeting. VOTED: 5 -0. Selectman Avery suggested Town Counsel review all Articles for Special Town Meeting. Selectman DeLong asked for a clarification on the use of Well #5 Police Reorganization Town Manager feels it is important that we establish how the Police Department will be re- structured when the Chief leaves November 13th in order to build confidence in the voters at Town Meeting. He presented to the Board a written description of the reorganization of the Department in appointing a new Chief and the cost to implement the contract. He noted the Police Chief's position would be posted from September 15 through September 30th. With an open examination for Police Chief, we have to choose from the first top three candidates that want to accept the job. Town Manager noted that before the Town Meeting Board will have to set the rate of compensation for the acting police chief and the new police chief. A discussion ensued on the two police contract articles to be presented at Town Meeting. Under Article #l, the Town Manager recommends that instead-of appropriating $50,518 as an overtime figure, that the force be increased by two ;aen and base the budget on the full complement. After a brief discussion on the figures as presented by Town Manager, Selectman May moved to increase the force to 20 men, seconded by Selectman LevineVOTED: 5 -0. BOARD OF SELECTMEN MINUTES OF THE MEETING SEPTEMBER 10, 1980 Page 6 Special Town Meeting Town Manager reviewed with Board the order of Articles for Special Town Meeting as follows: Articles #1 and #2 are the Police Articles as discussed. Articles #3, #4, and #5 are the water articles as discussed. Article #6 - increase in the amounts for various accounts that the finance committee recommended. Article #9 - Unpaid Bills Article #8 - Interest for Wastewater Water Treatment Plant Loan. Article #9 - Recreation Commission revolving fund. Articles #10, #11, and #12 the Library Articles as submitted. Article #13 - World War II Scholarship Fund rewording. Selectman DeLong moved to defer appropriation request for highway garage to Annual * Town Meeting, seconded by Selectman Levine. VOTED: 5 -0. Selectman Delong moved to close the Warrant for Special Town Meeting, seconded by * Selectman May. VOTED: 5 -0. Chairman Mahana would like to know from Light Department Director Jim Hall if he has reached'a decision on the rebate question. Town Manager reported that a meeting has been set for September 25, 1980 between Light Commissioners, Light Department Director, and 250 petitioners srelative to the fuel adjustment. There being no further business Selectman May moved for adjournment, seconded by Selectman Levine. VOTED: 5:.0.