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HomeMy WebLinkAboutBOS MINUTES 7-20-1983BOARD OF SELECTMEN MINUTES OF MEETING JULY 20, 1983 The meeting was called to order at 7:35 P.M. PRESENT: Selectmen Wills, D'Onofrio and McNair; Acting Town Manager, Joseph Zeneski * 1. MOTION: To appoint Selectman D'Onofrio as Chairman protem. Wills /McNair VOTED: 2 -0 2. Minutes of June 8, 1983 meeting * MOTION: To approve as presented. Wills /McNair VOTED: 3 -0 3. Minutes of July 6, 1983 meeting * MOTION: To approve as presented. Wills /D'Onofrio VOTED: 2 -0 McNair abstained. 4. Warrant #4 - $561,263.56 * MOTION: To approve, broken down as follows: ( Special Revenue - $ 3,932.50 General Fund - 91,563.47 Sewer Enterprise - 2,220.71 Water Enterprise - 10,985.80 Electric Enterprise - 452,561.08 McNair /Wills VOTED: 3 -0 5. Warrents #76, #78, #1, #3 Warrent #76 - $423,920.94: General Fund - $ 228,766.21 Revenue Sharing - 5,989.99 Electric Enterprise - 167,116.86 Water Enterprise - 3,105.77 Special Revenue - 15,274.39 Cafeteria Revolving Acct. - 3,667.72 Warrent #78 - $128,799.46: Water Enterprise - $ 9,821.35 Special Revenue - 1,466.08 Cafeteria Revolving Acct. - 4,568.17 General Fund - 112,943.86 Warrent #1 - $162,260.00: General Fund - $136,860.00 Water Enterprise - 25,400.00 BOARD OF SELECTMEN MINUTES OF MEETING JULY 20, 1983 PAGE 2 Warrent #3 - $1,338,165.07: General Fund - Special Revenue - Water Enterprise - Electric Enterprise - Cafeteria Revolving Acct Sewer Enterprise - MOTION: To approve Wills /McNair VOTED: 3 -0 6. License Applications $155,077.45 4,789.25 139,874.04 216,261.34 474.58 821,688.41 MOTION: To approve renewal of License for Public Entertainment on Sunday for Mansfield House, Inc., one pinball machine. Wills /McNair VOTED: 3 -0 MOTION: To approve renewal of License for Public Entertainment on Sunday for Hidden Country, Inc. d /b /a Titus, Dancing by patrons. Wills /McNair VOTED: 3 -0 MOTION: To approve renewal of License for Public Entertainment on Sunday for Hidden Country, Inc. d /b /a/ Titus, Live entertainment /band. Wills /McNair VOTED: 3 -0 MOTION: To approve renewal of License for Public Entertainment on Sunday for Mansfield Motor Inn, Inc., one Ms. Pac Man Machine. Wills /McNair VOTED: 3 -0 License signed for 2nd Annual John "Jake" Armstrong Memorial Softball Tourna- ment, August 12,13,14, 1983. Petitions #83 -8 and #83 -9, New England Telephone, signed, for placement and removal of poles on Park Street, relocation of poles on Branch Street. 7. 8:00 P.M. - Camp Dresser McKee - Treatment Plant Progress Report Mr. Charles Leveridge, Mr. James Glendye and Mr. Paul Marchessault presented reports on progress at the plant and pictures were passed around. Progress on Fruit Street has been slower than anticipated due to groundwater and soil conditions; the Army_ Corps of Engineers conducted a site inspection and found all to be in order. Contractor has primarily completed structural con - crete placements for the aeration basins structure and gravity filter build- ing; work was started on structural steel for the gravity filter building and excavations begun for secondary clarifiers. Contractor has encountered ledge rock in excess of estimated Change Order No. 1 and is asking for re- negotiations for said excess. Mr. Leveridge presented a Breakdown of Project Costs To Date and the follow- ing Change Order Requests: BOARD OF SELECTMEN MINUTES OF MEETING JULY 20, 1983 PAGE 3 Chg. Order #21 - Add emergenty eye wash station - Chg. Order #27 - Odor control duct - Chg. Order #32 - Cement masonry unit - Chg. Order #34 - Deletion & relocation of Type "F" fixtures - Chg. Order #35 - Enclose high sodium units - Chg. Order #37 - Delete 10 mechanical stroke counters for pumps - Chg. Order #38 - Add lintel for chlorine bldg. - $3,486.29 851.00 161.00 531.09 4,160.93 1,000.00 credit sFs.nn $8,755.31 MOTION: To approve all Change Orders as presented McNair /Wills VOTED: 3 -0 8. 8:30 P.M. - Raymond Goddard - Grant's Pond Mr. Goddard appeared before the Board requesting a progress report on the Grant Pond situation since April. He understood a 60 -day extension had been granted Mr. Grant and could not understand the reason behind such an extension in asmuch as the same action had been granted twice in 1981 with no further signs of completion of the pond. He questioned the reasoning of Town Counsel. Dianne Royle and Keith Johnson of the Conservation Commission were present to explain that because Mr. Grant, for the first time, had personally asked for an extension and presented anus -built plan, they felt that was a good sign. They expect the Building Inspector to keep a close watch on the progress, and should the pond not be completed during the ex- tension period, with Mr. Grant's request and plan they would have more sub- stance for presentation of the case in court. Selectman D'Onofrio said it was the feeling of Town Counsel and in the best interest of the Town of Mansfield to have the pond completed without having to go to litigation and that the Board of Selectmen and Conservation Commis- sion are working to resolve the issue and keep it out of court. MOTION: Send a letter to Town Counsel asking for the rationale as to why he did not inform Mr. Goddard's attorney of his decision not to go to litigation. Wills /McNair Not voted., AMENDED MOTION: To request an answer within ten (10) days VOTED: 3 -0 9. 9:00 P.M. - Margot Jellinek - Michael - Angela Estates Wills /McNair Margot Jellinek came before the Board to question the advisability of allow- ing Town Counsel to drop the suit against The Town of Foxboro Planning Board to restrain development of the Michael - Angelas Estates II subdivision. BOARD OF SELECTMEN { MINUTES OF MEETING JULY 20, 1983 PAGE 4 Selectman Wills advised that to date the Board has not so voted. Mrs. Jellinek discussed points raised in a March 16, 1983 letter from Whitman & Howard to Mr. Michael Coppola of the Foxboro Planning Board, which she does not feel have been properly addressed yet, and reviewed portions of the Development Plan Review by the United States Department of Agriculture, Soils Conservation Service, May 1982 and two letters from Whitman & Howard to Mr. Maurer, Mansfield Town Manager. * MOTION: That we receive information on Michael- Angela Estates addressing the following four areas: 1. Whitman & Howard should be requested to review the corres- pondence on Michael- Angela Estates and, specifically, address the questions raised by Whitman & Howard in their letter of March 16, 1983 to Michael Coppola, Foxboro Planning Board. 2. What is Whitman & Howard's opinion of the efficacy of re- quiring 2 feet of sand under the septic systems. 3. What potential impact on the Cate Springs Well does Whitman & Howard see by the development of Canoe River Estates, off East Street. 4. What is Whitman & Howard's opinion on the Development Plan Review on Michael - Angela Estates, submitted by the U.S. De- partment of Agriculture, Soil Conservation Service, May 1982. D'Onofrio /McNair VOTED: 2 -0 Wills abstained. 10. Correspondence a) Letter from Town Manager to Benjamin Boynton re: Spaulding School and Elk's liquor license. b) Letter from Town Manager to G.M. Freche, President, New England Telephone re: Public Hearing of July 6, 1983. c) Letter from Town Manager to Planning Board re: Appointment of Planning Director. d) Letter from Louis Andrews resigning from Conservation Commission. e) Memo from State Auditor, John Finnegan, re: Current legislation. f) Letter from Interstate Energy Systems, Inc. re: Solid waste disposal equipment. Referred to DPW Director. g) Newsletter from Morality in Media of Massachusetts. BOARD OF SELECTMEN MINUTES OF MEETING ( JULY 20, 1983 PAGE 5 h) Memo to Board members from Jim Wills re: Collective Bargaining. i) Memo from Board of Appeals requesting legal opinion re: Land at 15 Kind Street; request for variance sent to Town Counsel. j) Letter from Executive Office of Environmental Affairs advising Town of rejection of proposal for State funding for development of Memorial Park. k) Memo from State Ethics Commission re: Conflict of Interest Law for Municipal Employees. 1) Memo from Town Manager to DPW Director re: Town Manager's vacation. m) Memo from Police Chief re: Liquor and radar violations. n) Letter from Bristol County Retirement Board re: William Sarro appeal. o) Letter from Roy DeGirolamo resigning from Planning Board. p) Letter from Massachusetts Railroad Association re: Vegetation control program. q) Letter from Mass. Municipal Association re: 1983 Annual Meeting. r) Letter from United Nations Association re: United Nations Day. * MOTION: To proclaim October 24, 1983 as United Nations Day in Mansfield Wills /McNair VOTED: 3 -0 s) Memo from Dept. of Revenue Deputy Commissioner, Division of Local Services, re: Managing FY 1984 Budgets, Levies & Revenues. t) Letter from Stephen Earnhart re: Dangerous intersection at Juniper Drive & Hemlock Lane. DPW Director has talked with Chief of Police; STOP signs will be replaced; there is a SLOW - CHILDREN sign. Speed bumps a problem, so will wait on decision to use them. u) Letter from U.S. Dept. of Agriculture re: Soil Survey Report for Bristol County. Has been referred to Planning Board, Conservation Commission and Board of Health. v) Memo from Dianne Royle re: Conservation Commission vacancy. Advertise- ment has been placed, so requests delay in making appointment. w) Letter from Division of Water Pollution Control re: Wastewater Treatment Plant Payment No. 31. It has been signed and returned. BOARD OF SELECTMEN MINUTES OF MEETING JULY 20, 1983 PAGE 6 x) Newsletter from Bristol Conservation District. y) Letter from Dept. of Army re: Corps of Engineering progress inspection of Wastewater Treatment Plant. z) Letter from Governor Dukakis re: Progress report for administration. aa) Letter from National Organization on Disability re: Awareness posters bb) Letter from Sgt. Arthur M. O'Neill re: Willowdale Golf Course and Elwood Shepard property. 11. Old Business - Acting Town Manager a) DPW Director, Joseph Zeneski, reported that he had attended a meeting at the Plainville landfill site, July 6th, for the purpose of scoping out an environmental impact report. b) Wayne Peterson has contacted the Town Manager's office and arranged to come in Tuesday, July 26th, to sign the Lakeville Avenue deeds. 12. Old Business - Selectmen a) Selectman McNair advised that upon advice of Town Counsel, he has re- viewed the Minutes concerning the 2nd Annual John "Jake" Armstrong Memorial Softball Tournament One -day Beer License and has signed it. He has reviewed the Minutes on the Willowdale Golf Course license transfer and read the correspondence from Mr. O'Neill and feels that the problem concerning the fence is a separate issue from the license transfer and has, therefore, agreed to sign the license. Upon advice from Town Counsel, he has also signed the Liquor License Transfer for Central Liquors, in order to expedite action. b) Selectman Wills advised that a letter concerning adult bookstores has gone out to landowners and tenants. * c) MOTION: To review the following document for adoption as "Selectmen's Policy on Minutes of Meetings" (attached). D'Onofrio /McNair VOTED: 2 -0 Wills opposed. 13. New Business - Acting Town Manager a) The DPW is monitoring the water situation during the present heat wave; so far there are no problems. b) Town Manager Maurer had asked Mr. Zeneski to follow up on two letters received from the Board of Health. One concerned why the Lime Injec- tion Program has not been started yet. The other concerned meeting with the Selectmen to discuss closing of two wells in West Mansfield. Mr. Zeneski is handling these two inquiries. BOARD OF SELECTMEN MINUTES OF MEETING t JULY 20, 1983 PAGE 7 c) Effective Friday, July 22, 1983, there will no longer be a Water Supervisor; it will be necessary to request an Emergency License from the State for someone in the division. An advertisement will be run for a new Supervisor. * MOTION: Request to the State for one Emergency Operator's License for whoever the DPW Director selects. Wills /McNair VOTED: 3 -0 14. New Business - Selectmen a) Selectman D'Onofrio received an inquiry as to who selects the names for jurors and what the procedure is. The Town Clerk will be asked procedure and authority for this. b) Selectman D'Onofrio had a request as to feasibility of moving the fire whistle to a less dense area. This is to be investigated. MOTION: To adjourn at 10:25 P.M. McNair /Wills VOTED: 3 -0 MINUTES APPROVED: Date signed,