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HomeMy WebLinkAboutBOS MINUTES 11-16-1983BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 16, 1983 PRESENT: Chairman Dunn; Selectmen D'Onofrio, McNair; Levine arrived at 8:05 P.M. 1. Meeting called to order at 7:30 P.M. MOTION: To appoint Selectman D'Onofrio Clerk for the evening. McNair /Dunn VOTED: 3 -0 2. Minutes of November 9, 1983 Selectman D'Onofrio felt the wording of Item 8 -b should be changed as follows: "Chairman Dunn advised that he would like to have all of the Selectmen's comments on the Town Manager's performance evalua- tion form by next week's meeting." MOTION: To approve the minutes as amended. McNair /Dunn VOTED: 3 -0 3. Warrant #25 MOTION: To approve Warrant #25, dated November 15, 1983, in the amount of $1,508,314.42, broken down as follows: General Fund - $415,904.46 Federal Revenue Sharing - 5,666.66 School Cafeteria - 5,634.25 Special Revenue - 7,336.57 Sewer Enterprise - 693,293.34 Water Enterprise - 2,323.74 Electric Enterprise - 378,155.40 McNair /D'Onofrio VOTED: 3 -0 4. Juror Selection a) Fall River Superior Court (Civil), December 5, 1983 Janice Wood, 150 Rumford Ave., #100 David C. Hemmingsen, 506 S. Main Street b) New Bedford Superior Court (Criminal, December 5, 1983 Edward L. Noonan, 24 Horace Street Donald Burgio, 12 Day Ave. c) Fall River District Court (6 -man jury), December 5, 1983 Jean Clemmey, 165 Essex Street d) New Bedford Superior Court (Grand Jury, Criminal); January 9, 1984 Jenny LaNinfa, 561 N. Main Street BOARD OF SELECTMEN MINUTES OF MEETING ( NOVEMBER 16, 1983 PAGE 2 5. Correspondence a) Notice from Norton Conservation Commission re: Construction of a multi- family dwelling in Norton. The altering of the wetlands does not affect Town property. b) Letter from Planning Board re: Earth removal behind DPW garage. Town Manager explained that this material from this site is the only earth borrowing material the DPW has to use. The zoning which would re- strict such use today was not in effect when this use was established. Discussion followed in which it was suggested that copies of the corres- pondence concerning this problem in the past be forwarded to the Planning Board to let them know what action has been taken to date. It was also suggested that elevation readings be taken from the monitoring of the wells, which could also be relayed to the Planning Board. c) A request for Declaration of Family Week the week of Thanksgiving by the Massachusetts State Federation of Women's Clubs. Margaret_ Jordan of the local New Century Club was present to answer any questions as to the purpose of this declaration. * MOTION: That the Chairman of the Board sign the Family Week Declaration. D /Onofrio /McNair VOTED: 3 -0 d) Report of Cable Access Corp. e) Copy of letter from Margot Jellinek to Town Moderator re: Procedure of Special Town Meeting. f) Liquor Disturbance report from Chief of Police g) Radar Violations report from Chief of Police. h) Report of Mansfield Jaycees. i) Copy of letter from Town Counsel to Conservation Commission re: Vote re- quired to add new section to By -laws. j) Municipal Law Memo from Office of Communities & Development relative to paying personal legal expenses. Q Copy of letter to Civil Rights Division, Dept. of the Attorney General re: Public Hearing on Real Estate Classifications, from Town Counsel. 1) Copy of Town Counsel's legal fees for October. m) Selectmen Advisory from Senator David H. Locke. * MOTION: To ask the Chairman to write a letter of support on the three BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 16, 1983 PAGE 3 bills identified by Senator Locke. D /Onofrio /McNair VOTED: 4 -0 6. Camp Dresser & McKee Report Charles Loveridge summarized the progress and status of the Wastewater Treat - ment Plant through Oct.- In -place construction is 71.3 %. The site has been inspected by the Corps of Engineers and DEQE and all found to be in order. Contract No. 2 Interceptors and Treatment Plant Outfall work was done only the first two weeks of the month. The remaining work to be done is paving of crossings and the N. Main Street and Fruit Street waaring course. A final change order is to be executed for overruns and underruns. The site was inspected and found to be in order by the Army Corps of Engineers and DEQE. At this point Town Manager advised that Paul Marchessault is being called back by EPA. Having Paul on the project was an experimental program for EPA; Town Manager feels it was a definite benefit for the Town. He hopes to be able to convince the EPA to reconsider. MOTION: To have the Town Manager contact EPA. McNair /D'Onofrio VOTED: 4 -0 Town Manager also advised that EPA has approved the grant amendment for Con- tracts 3,4 and 5. There will be a procedural change on Contract 6, but it should not cause any problem. 7. Quality Inn Entertainment License Thomas Kelly, Manager of Quality Inn appeared before the Board to answer questions concerning their application for an Entertainment License. He explained that the lounge holds only about 40 people. Their plan is to have either a pianist or guitarist, who would be situated in one corner facing a hallway. He does not feel it would cause a problem for movement within the area. Proposed hours are 5:00 to 11:00 P.M., Monday through Saturday. MOTION: To grant an Entertainment License for Quality Inn; hours to be 5:00 P.M. to 11 :00 P.M., Monday through Saturday only. Levine /D'Onofrio VOTED: 4 -0 8. Margot Jellinek Margot Jellinek came before the Board to ask why the two parcels of land in East Mansfield were picked for the Water Protection Grant. She expressed her concern for the clay content of the land which made it undevelopable, presented maps and pictures, and urged consideration for the Cate Springs area to be protected. Explanation was offered that the Duston Well area and the two parcels to be obtained were one of the major resource areas which could have been penetrated for development. There has already been consid- erable testing done in the Dustin Will area, allowing documented facts, all BOARD OF SELECTMEN ( MINUTES OF MEETING NOVEMBER 16, 1983 PAGE 4 of which were required for the grant. In summary, the grant is to protect the Dustin well area, not to develop another, non - existing, well. Margot thanked the Board for their time, but emphasized her feeling that they should look for another area, possibly Maple Street. 9. Philip Hatch Phil Hatch asked to register a complaint concerning the American Paper Recy- cling Corp., prompted by a recent article in the Sun Chronicle. He wanted the Board to understand that the noise is not caused by the compacting machines, but rather by a fork lift moving steel drums around, banging them together. He talked at some length concerning the problem and disturbance to the neighborhood, particularly at night, and strongly urged the Board to take some more effective action. Discussion covered sending a letter to the owner from the Chairman, having the Town Manager go talk to the owner, with the resulting.feeling that the Board does have the authority to act on a Disturbance of Peace or Public Nuisance complaint. The Chairman assured Mr. Hatch that the Board would consider appropriate action. 10. Old Business - Town Manager a) The Town Manager advised the Board that the decision regarding whether to change the Town's Unemployment Compensation from Contributory to Reim- bursement has been changed from December lst to January 1, 1984. The Department of Employment Security will advise the Town of the new rate the first week of December. At that time a decision can be made as to whether to change the method. Town Manager feels it will probably be to the Town's advantage to change to the Reimbursement method, unless the new formula indicates a marked difference. b) The land swap with Graphic Labs and the Town was completed on November 15, 1983, and the DPW is preparing to have the commuter parking lot paved on the Wednesday, Friday and Saturday of Thanksgiving week, because commut- ing-is lighter then.. Notices will be placed on car windshields, start- ing this Friday, Nov. 18th. c) The Capital Improvement Committee will meet November 22nd, to discuss the capital improvement requests and the process that will be followed for the 1.984 Annual Town Meeting. Membership of the committee includes two Select- men, two Finance Committeemen, two Planning Board members, and one member of the Building Committee. d) The DPW Department voted to approve the collective bargaining agreement for FY -84. The key point of the contract settlement is the acceptance of the new job categories. The contract will run for one year. The new job categories will facilitate the Department reorganization recently initiated and convert the department from a divisional to a more efficient functional organization. The addition of the Construction Engineer, Timothy Walsh, is a significant step toward full reorganization. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 16, 1983 PAGE 5 e) The Town Manager then stated that the DPW Director was present to give the Selectmen advance notice of his proposals concerning the downtown parking problem prior to the meeting with DAC next week: the width of streets in the area is a serious problem, south of the post office two buildings project into the street, to make Church Street two -way would eliminate parking on the street totally, if parking is moved to the other side on Old Colony Way it will make a few additional spaces. Consensus was, again, additional parking is needed, not less, and the loitering problem does need to be resolved. f) The.Town Manager announced that Jesse H. Earls has been appointed as Chief of Police, after about a three year effort. He then reviewed his goals and immediate needs: First is installation of a computer; the in- ternal layout needs to be improved, security is not adequate; better se- curity in the cellblock area; expansion in size of the department. It was explained that the Police Department has been having their vehicles repaired by the Highway Department which is a cost saving. 11. Old Business - Selectmen a) Chairman Dunn asked for comments on the suggested new Constable Applica- tion form which was distributed to the Board earlier. Selectman Levine questioned the wording concerning the Criminal Record check. MOTION: To adopt the new Constable Application form with the provision that the wording is changed to read: All applicants shall be subject to a Criminal Record check by the Police Department. Levine /D'Onofrio VOTED: 4 -0 A letter will go to all applicants advising them of this change. All applicants will be interviewed. 12. New Business - Selectmen a) Selectman mentioned a phone call he had had from a resident who was having trouble with the trash collector, not taking what he puts out. b) Selectman D'Onofrio wanted the Board to consider an inquiry he had received from Pastor Furman of the Assembly of God Church, who is concerned about the youth problem in town. He has had experience working with young people in New York. He would like to know if the Selectmen would be amenable to providing a public facility, other than a church, for a youth activity center. He would contact other clergy in town in the hopes of receiving support in the project. The Spaulding School was suggested as a possi- bility; consideration would have to be given as to availability, what, or if, to charge, etc. The Pastor was not asking for a decision at this time; Selectman D'Onofrio just wanted the Board to give it some thought. BOARD OF SELECTMEN MINUTES OF MEETING ( NOVEMBER 16, 1983 PAGE 6 c) At this point Mr. Allan Johnson asked the Board to consider a change in traffic signing to slow down traffic off Rt. 106 at Bristol Arms. He stated that it is a dangerous intersection with a sign stating just that, then after the intersection a sign of 45 Miles; his suggestion is that the speed sign should precede the intersection. d) Chairman Dunn announced that there has been a third applicant for the Finance Committee vacancy, and that Jonathan Pierce was not available for his interview this evening, but would be the 23rd. Selectman Levine nominated Kenneth Fraser for the Finance Committee; seconded by D'Onofrio. The secretary was asked to call him to set up an interview on the 23rd. * MOTION: To have the next Board of Selectmen meeting on Wednesday, Novem- ber 30, 1983. Levine /McNair VOTED: 4 -0 13. Adjournment * MOTION: To adjourn at 10:45 P.M. D'Onofrio /Levine VOTED: 4 -0 MINUTES APPROVED: U // L30 /F-3 Date signe