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HomeMy WebLinkAboutBOS MINUTES 10-13-1982BOARD OF SELECTMEN AGENDA October 13, 1882 1. 7:00 P.M. Meeting Opened for Correspondence Review 2. 7:30 P.M. Meeting Called To Order 3. Clerk's Folder 4. Warrants 5. 7:45 P.M. Paul Folkman - Public Works Economic Development Grant Acceptance - Affirmative Action /Equal Opportunity Programs 6. 8:00 P.M. Public Hearing - Cutting Shade Trees 7. 8:15 P.M. Public Hearing - Classification of Property 8. Correspondence 9. Minutes of October 6, 1982 10. Board Reports 11. Adjournment BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 13, 1982 PRESENT: Chairman McNair, Selectmen Colella, Mahana, Levine, Town Treasurer Joan Cutillo. 7:30 P.M. Meeting called to order. Selectman Levine asked to take the minutes of October 6, 1982 out of order, and request was denied. Clerk's Folder Application for a common victualler's license, Old Colony Diner. This is a transfer of license to Joseph & Margaret St. Onge, 95 Tilton Street, Brockton. Fee has not been paid yet. * MOTION: To approve license transfer subject to fee being paid. Mahana /Colella VOTED: 3 -0. Notice from Town Clerk re: sunday licenses for No Place Special have not been paid yet so they cannot be sent to Boston. James Aiello, name of manager on licenses is no longer there. There is also the outstanding bill for Police details at No Place Special. * MOTION: To hold licenses until Ms. Langill comes in to the Board. Next week, 8:15 P.M. Mahana /Levine VOTED: 3 -0. Town Treasurer noted that some of the money has been paid on bill for Police detail and there is still $769. outstanding. Application for one day auctioneer's license, October 23, 1982 for J. LeBlanc on East Street. For disposal of second hand goods. Fee has not been paid. * MOTION: To approve one day auctioneer's license subject to fee being paid. Mahana /Colella VOTED: 3 -0. Warrants * #20 - $1,050,009.60, town & school expenses, approved. Mahana /Colella VOTED: 3 -0 Levine abstained. Correspondence Street light request for 10 Dane Street. Interim report #6 for wastewater treatment plant. Notice from American Arbitration Assn. on hearing for Earl Weeman. Bill from Leo Fletcher for $480.00, computer consultant. approved for payment. Notice of meeting Bristol County Advisory Board given to Selectman Mahana. Notice from MMWEC to sell Salem Units 1,2, &s3. * MOTION: To not sign the offer of additional power from Salem Units 1, 2, & 3 .from MMWEC. Mahana /Levine VOTED:. 3 -0. BOARD OF SELECTMEN MINUTES OF MEETING October 13, 1982 Page 2 7:45 P.M. Paul Folkman - Public Works Grant Mr. Folkman noted that he had three copies of the grant to be signed and that he needed a motion to accept the grant. It was agreed to have at least a minimum of 5 members on the committee for the grant. DAC will be working on the design selection group. He will also send a letter to the regional engineer to sit in on the design process. * MOTION: To accept the state grant for $367,500 for public works economic development. Mahana /Colella VOTED: 3 -0. Affirmative Action /Equal Opportunity Program Mr. Folkman also had a package he prepared for the Massachusetts Commission Against Discrimination. Ex. Office of Environmental Affairs regulations made a review of Mansfield. He has prepared a cover letter with six items in it and how the Town will handle them. Mr. Folkman would like separate motions on the first five and a motion on item 6 to direct the Town Manager to pass around contract compliance documents. * MOTION: To approve Item #1. Mahana /Colella VOTED: 3 -0. * MOTION: To approve Item #2 re: minorities. Mahana /Levine VOTED: 3 -0. Mr. Folkman noted that Civil Service is involved in the process also._ There was a short discussion on minorities involved in Affirmative Action process. #3 & 4 is to send a letter to inform them that we are award of the Aff. Action plan and fair housing plan. * MOTION: To approve Items 3 & 4. Mahana /Levine VOTED: 3 -0. #5 & 7 are contract compliance program and minority business program. * MOTION: To approve #5 contract compliance program. Mahana /Colella VOTED: 3 -0. * MOTION: To approve #7 as written. Levine /Mahana VOTED: 3 -0. * MOTION: That #6, contract compliance documents be distributed to Department Heads. Mahana /Levine VOTED: 3 -0. 8:00 P.M. Public Hearing - Cutting Shade:Trees Clerk Levine read notice that appeared in the paper, and went through list of trees to be removed because of disease and some that are dead. Trees are posted and marked with notice. Could cause some delays in traffic and need police detail. All trees are on town property. * MOTION: To approve list of trees for removal in FY 82 -83. Colella/ Levine VOTED: 3 -0. There were no comments from public in attendance. BOARD OF SELECTMEN MINUTES OF MEETING October 13, 1982 Page 3 Letter from Boy Scout Troop #17 requesting permission to use part of veterans' memorial to sell Christmas trees. Dates are December 10 through December 24, 1982. * MOTION: To approve use of common to sell Christmas trees to Troop #17. Mahana /Colella VOTED: 3 -0. * AMENDED MOTION: To sign agreement to repair grass and any other damages to lawn area. Mahana /Colella VOTED: 3 -0. Application from Clarence Snell for Council On Aging. * MOTION: To appoint Clarence Snell to Council On Aging. Mahana /Colella VOTED: 3 -0. From Board of Health re: appointment of Karl Drown as new Health Agent. Request from Self Help to use Town Hall on Fridays from 9 to noon for fuel assistance. * MOTION: To approve use of Town Hall for Self Help fuel assistance program on Fridays from 9 to noon. Mahana /Levine VOTED: 3 -0. Notice from Dept. of Public Health re: Emergency Medical Services Week November 14 - 20, 1982. * MOTION: To proclaim November 14 - 20, 1982 as Emergency Medical Services week. Levine / Mahana VOTED: 3 -0. Notice from HUD re: Section 8 housing. Notice from committee against nuclear waste. Notice from Ex. Office of Trans. & Construction re: Mansfield will be receiving Chapter 90 funds and must be signed by the Board. 8:15 P.M. Classification of Property Present were the Board of Assessors and Harold Mendoza and Richard Arruda from Appraisal Consultants of New England to give a presentation on the classification methods of property. Mr. Mendoza explained the tax classi- fication situation in Mansfield and noted that the industrial community pays about 50% of the taxes in the Town. Before the classification last year, it was not split up evenly between the classes. Now it is split equally in all classes with all parties paying fair rates on values. ( Mr. Mendoza recommended keeping classification the same as last year at a factor of 1. Mr. Far.inella noted that he is opposed to any change of the present method of classification. Cal Visdom- +.also agreed with this. BOARD OF SELECTMEN MINUTES OF MEETING October 13, 1982 Page 4 * MOTION: To take the methods to determine classification under advisement. Mahana /Colella Rescinded. * MOTION: To have Town of Mansfield adopt a factor of 1 for tax rate classification assessments. Mahana /Colella VOTED: 3 -0. Correspondence Sheets to be signed from N.E. Telephone from last week's hearing. Bill from C. Silvia for $128.96 for bushes. * MOTION: To hold until next week for Town Counsel to review it. Levine /Mahana VOTED: 3 -0. Memo from Police Chief re: supports handicapped parking at Library. Memo from Fire Chief re: bids for Fire alarm system at Fisher Richardson House all over budget and no,consideration that building is not heated. Would like to re -bid. * MOTION: That the bids be rejected and specification be revised and rebid for the fire alarm system at Fisher Richardson House. Levine /Mahana VOTED: 3 -0. Letter from CDM re: surplus material from interceptor project. Contractor feels it is his property. Town should retain ownership of material in Mansfield and dispose of it at the landfill. This was a draft letter from CUM. Letter from Town Council re: reviewed draft of CDM letter to contractor on surplus material and it is his opinion that the Town is the owner of the materials and method of removal is to be directed by the engineer. * MOTION: To go along with Town Council's opinion and direct.DPW Director to take the necessary action to see where it would go. Also, to write a letter to CDM and contractor. Mahana/ Rescinded. Town Council noted that CDM letter was a draft and before contractor is notified it should come through the engineer. It was decided to hold indefinitely on it. * Bill from Town Council for month of September for $1,565.80 APPROVED. Mahana /Colella VOTED: 3 -0. ( * Bill from J.M. Barges for $8,558.04 for lights at 106 /Forbes. APPROVED. Mahana /Levine VOTED: 3 -0. Request from ZBA for Town Council re:—Apple Treei,jDinericomplaints. Would like to forward copies to Town Council to prepare defense. * MOTION: To approve and forward information to Town Council. Levine/ Mahana VOTED: 3 -0. BOARD OF SELECTMEN MINUTES OF MEETING October 13, 1982 Page 5 Payment request for wastewater treatment plant to be signed by Chairman. Seaver Connections Mr. Folkman noted that they had three sewer connections for approval tonight and they recommend approval subject to staff review comments being adhered to. Connections are: Lot #1, Fruit Street, 9 Oxford Road, and 387 Central Street. MOTION: To approve the three connections with requirement that staff conditions and town guidelines be adhered to. Mahana /Colella VOTED: 3 -0. Other permit on West Street is for Leon Grant. He had received pre- liminary approval and now needs final approval. He will have to adhere to RIM engineering plans and letter from CDM. Individual connections will be taken up on a separate basis. MOTION: To approve connection provided that all the conditions outlined in CDM letter and staff comments are adhered to for Apple Tree Diner. Levine /Mahana VOTED: 3 -0. Minutes of October 6, 1982 Before any vote was taken on the minutes from last week the public had the opportunity to voice their opinion on the subject matter. The first questions asked came from Det. Langley who wanted to know the basis of information on police accusations. Chairman McNair noted that the Board has been advised not to comment on it at this time because of possible litigation.. Mr. Langley noted that they did not name any officer and felt that this put the whole department in question. Mr. McNair noted that the information was based on what the Town Manager told the Board and that was how they based their decision. Nancy Loving voiced her opposition to the action that was taken with no discussion. Cal Visdom feels that a hearing should be held and noted that the Police services have improved somewhat. Walter Crickard asked when it was decided to remove the Town Manager. This was done at last week's meeting. Peter O'Brien asked if it was stated that if the Town Manager reappointed Jesse Earls he would keep his job.and what powers they had to suspend the Town Manager according to the Charter. Town Council noted that the Board under section 9 -7 of the Charter has the right to remove by sus- pension. He will not be removed until after a full hearing. They will not make any decisions tonight as one member of the Board is absent. It was asked if they would continue his suspension. Board had received a letter from Atty. Mangiaratti on this matter. Paul Burke noted that he is upset about what is going on and that basically, Town Manager's career and family has been damaged by this action. He felt that Chad had done a good job. Chairman McNair noted that when a letter is sent it will be made public to the press. Cal Visdom felt that the Board had a responsibility to make a public statement to clarify the whole police department matter. BOARD OF SELECTMEN MINUTES OF MEETING October 13, 1982 Page 6 Chairman McNair noted that he is in no way critical of the entire Police Department. The Board is aware of some of the problems and based upon the information provided by the Town Manager they recommended to not reappoint Jesse Earls as provisional chief. Chairman McNair felt that a high per - centage of the officers in the department were excellent. Det. Langley asked if the Town Manager came to the Board with these problems, and they replied that he did. Mr. Crickard asked Selectman Colella if he had talked to any officers on the department, to which he replied that he did not. Peter Bent felt that all of this action was taken after the fact and should have been investigated first. Bob Douglas asked if the information given to the Board from Town Manager was in public record, and it is not. * MOTION: To adjourn at this time. Mahana /No Second Chairman McNair mentioned that a hearing will be requested when Town Manager requests it. They will send letter by the first of next week. Selectman Levine would not like to take any action now on continuing suspension. * MOTION: To accept Minutes of October 6, 1982 as written. Levine /Colella VOTED: 3 -0. { Board Reports Selectman Levine asked that grass at light be mowed. No other board reports. * MOTION: To adjourn. 9:37 P.M. Mahana /Colella VOTED: 3 -0.