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HomeMy WebLinkAboutBOS MINUTES 4-25-19841 BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PRESENT: Chairman Wills; Selectmen Dunn, D'Onofrio, McNair; Selectman Levine arrived at 7:36 P.M.; Town Manager. 1. Meeting called to order at 7:30 P.M., and the Flag was saluted. 2. Minutes of 4/8/84, 4/11/84 and 4/18/84 * MOTION: To accept the Minutes of April 8, 1984. Dunn /McNair It was pointed out that Item 4 vote should read FAILED: 2 -2. VOTED: To approve the Minutes as amended 4 -0 * MOTION: To accept the Minutes of April 11, 1984. Dunn /D'Onofrio VOTED: 4 -0 * MOTION: To accept the Minutes of April 18, 1984. Dunn /McNair VOTED`. 2 -0 Wills and D'Onofrio abstained 3. Warrant #50 * MOTION: To approve Warrant #50 in the amount of $748,110.31, dated April 24, 1984, broken down as follows: General Fund - $659,881.05 Revenue Sharing - 5,916.66 School Lunch Expense - 15,142.74 Special Revenue - 13,078.16 Recreation Revolving - 2,468.42 Motor Pool - 46.40 Sewer Enterprise - 11,823,29 Water Enterprise - 5,265.91 Electric Enterprise - 34,487.68 McNair /Dunn VOTED: 4 -0 Levine abstained 4. Voucher #4781, dated April 3, 1984 in the amount of $748.10 * MOTION: To approve Voucher #4781. D'Onofrio /McNair VOTED: 4 -0 Levine abstained Selectman D'Onofrio voiced disapproval of the explanation for this expense, as not really saying anything concrete. 5. Transfer Request #8 * MOTION: To approve Transfer Request #8, in the amount of $1,635.74, to pay the Town Counsel bill for the month of March. McNair /Levine BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 2 There was some discussion plained that the Finance money for this account. VOTED: 4 -1 Dunn opposed Licenses concerning this; the Town Manager ex- Committee had not recommended enough a) Renewal Application for Mansfield Taxi Service. The Clerk read a note from the Selectmen's Secretary advising that the 1983 license had ex- pired March 31, 1984, this application had not been received until April 23rd, and that Mr. Freeman refused to sign the State required attestation concerning payment of all taxes. MOTION: To grant renewal of the Hackney License for Mansfield Taxi Service. McNair /Levine Mr. Freeman was present to explain that it was his "Constitutional right" not to give out personal information, and he cited a case in the court at present covering this issue of attesting to payment of taxes, which was tried by the Assistant District Attorney; he said a decision could come any day or approximately 9 months, he was told. Leon Grant was present to support Mr. Freeman's position. Chairman Wills questioned possibility of a penalty if the Town issued the license without receiving the attestation form since State law re- quires it; no penalty is stated in the law, which the Clerk had read. AMENDED MOTION: To refer the matter to Town Counsel for an opinion. D'Onofrio /McNair. VOTED: 5 -0 Chairman Wills advised Mr. Freeman the Board will hope to have an answer before enforcement for operating without a license becomes necessary; that operating without a license is at his own risk. Mr. Freeman then stated on his own initiative he will not continue to operate until he receives word that he can or can't. Public Hearing /Liquor License Transfer The Clerk read the ad for the application of F & W, Inc., d /b /a Dubs's Discount Liquors to transfer an existing Retail Package Goods Store Li- cense to sell All Alcoholic Beverages on premises located at 214 Rumford Ave. The license is currently held by Lois V. Hillyard (King) of The Whistle Stop, and is to be transferred to F &'W, Inc., d /b /a Dubs's Dis- count Liquors, 30 Chauncy Street, William R. Sarro Manager. The Clerk also read the notice sent to all abutters and noted that all Return Receipts were included with the application. Attorney Dei, representing F & W, Inc., BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 3 introduced himself and William Sarro, advised the Board that none of the abutters had expressed any opposition, and expressed the feeling that Mr. Sarro, as one already operating a business in town, has proved his ability to maintain a clean, well -run business. He also submitted a letter of reference from Coast Realty Associates of East Providence, landlord of Mr. Sarro's present business. Kathleen Parker, of DiMonte's Variety, 72 Pratt Street, read a letter stating their reasons why they felt the transfer should not be granted, feeling discount store means large volume of busi- ness which would cause large volume of traffic, and expressed concern for proximity of two businesses, with the new one selling All Alcoholic vs. their Beer and Wine. She then presented the Board with a Petition signed against granting the license transfer. Mike Quirk, 962 East Street, feels that the license should remain at its present location; Roy DeGirolamo lives adjoining Brooks Plaza and feels it is a good spot for the business. Ken Larsen who owns the Mr. Donut shop expressed his feeling that the most important concern should be the officers of the establishment and that the Sarros are excellent; he also feels there is ample parking in the area. Selectman McNair asked what their was. Mr. Sarro said there was no type operation; they simply would ent items from time to time. Sel, would be open; Mr. Sarro said the 8 A.M. - 10 P.M. weekdays, 8 A.M. at 8:20 P.M. interpretation of "discount liquors" intention to have a loose, wholesale - have "discount" sale prices on differ - �ctman Levine asked what hours Dubs's same as the present license observes; - 11 P.M. Saturdays. The hearing closed MOTION: To grant the Liquor License Transfer for F. & W., Inc., d /b /a Dubs's Discount Liquors. Levine /D'Onofrio Discussion indicated the feeling that it was in the interest of free enterprise, the only objection being of a personal nature; Selectman Dunn expressed the opinion that off - street parking at the Chauncy Street location was an advantage and benefit for the town. VOTED: 5 -0 8. Correspondence a) Letter from Norton Board of Health re: Nuisance abatement on the Brit - tain property in Norton. b) Letter from SRPEDD re: Resignation of Richard Curley. c) Notification from Corps of Engineers. re: Inspection of Wastewater Treat- ment Plant May 2, 1984. BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 4 d) Memo from Conservation Commission endorsing the concept of spill con- trol devices in catch basins. e) Memo from Conservation Commission re: Testing at Compo site. There was discussion concerning this; copy of the Town Manager's letter to Compo Industries is to be sent to the League of Women Voters. f) Letter from Attorney Bradford Johnson re: Cessation of practice. * MOTION: To send him a note wishing him well. Levine /D'Onofrio VOTED: 5 -0 g) Letter from Town Administrator of Easton re: New England Telephone Co. Chairman Wills advised the Board that he would be meeting with someone from N.E. Telephone Public Relations in the morning on the 2% surcharge issue. The Town Manager was asked to stay on top of developments in Easton. h) Copy of letter to Board of Health from League of Women Voters re: Compo Chemical. i) Letter from State DPW re: Reclassification of Federal -Aid Routes in Mansfield; this will be referred to the DPW Director. Discussion followed; Chairman Wills expressed a desire to designate a name for the Relocated Route 140 (new Rt. 140). The Tot-in Manager is to check into feasibility of this. j) Letter from MMA relative to a Selectmen's Workshop, Saturday, May 12th. Selectman Dunn will attend. k) Letter of resignation from Peter DeGirolamo (Recreation Commission). * MOTION: To accept his resignation with regret and appreciation for his service to the Town. McNair /D'Onofrio VOTED: 5 -0 1) Letter from Attorney Brad Johnson re: Victory Realty case. The Town Manager advised the Board that there is an Article on the Town Meeting Warrant to make corrections in the deeds in accordance with the Court decision. m) Letter from DEQE Division of Water Pollution Control approving Change Orders of Contract No. 2 of the Wastewater Treatment Plant. n) Notice of Public Hearing from State Department of Public Utilities re: Cellular Radio Telecommunication Service. I BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 5 o) Memo from Dept. of Revenue re: Formula for calculating the Town's tax levy limit. P) Thank you note from the Young family. q) Copy of letter from Chairman of Airport Commission to Planning Board re: Proposed plans for development within the Airport Approach Zones. r) Memo from Police Chief re: Radar Violations and Liquor Disturbances. s) Letter from Attleboro District Court Bar Assoc., re: Invitation to attend Law Day Exercises May 4, 1984; Chairman Wills will attend. t) Letter from Mansfield Jaycees advising the Board that Clean -up Day will be May 5th, starting at 8:30 A.M. 9. Old Business a) Conservation Commission appointment: Frederick Rys was nominated Dunn /D'Onofrio Selectman Dunn felt that Fred Rys, as a former member and chairman of the Conservation Commission, was experienced, which would be a plus with so much "young blood" presently on the Commission. Nominations were closed. VOTED: 5 -0 * MOTION: To send the other two applicants a letter telling them the Board appreciates their interest in serving on a board, and suggest they apply for other vacancies. Levine /D'Onofrio VOTED: 5 -0 b) Housing Authority vacancy: Selectman Levine reported on her findings concerning the Housing Authority vacancy and what she has established. The position has been advertised; applications will be accepted until May 1, 1984. There is a required two -week consideration period; appoint- ment will be made May 16, 1984, with the applicants, the Housing Author- ity members and Board of Selectmen present, at the Selectmen's regular meeting. Selectman Levine suggested a written ballot vs, oral, in keep- ing with the manner the position was filled,original.ly .(election ballot). * MOTION: That the session be a secret ballot. Levine /Dunn FAILED: 2 -3 McNair, D'Onofrio, Wills opposed Selectman McNair felt the voting should be open; Selectman Levine said the Chairman of the Housing Authority also felt it should be open; he had not consulted the other members of the Housing Authority. Select- man D'Onofrio felt it was good rationale, but a luxury the Board should not have. BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 f PAGE 6 c) Selectman McNair brought up the matter of whether Arthur Remillard could serve as an elected official and serve on a Town board; he read from a State law which indicates it is acceptable. Mansfield's Home Rule Charter, however, states it is not allowed. The question seems to be does the Charter overrule the State law. * MOTION: To request a ruling from Town Counsel. Levine /Dunn Discussion followed. * MOTION: To table the Motion until John Dunn talks to Arthur Remil- lard to determine whether he wishes to serve in both capac- ities. Dunn /Levine VOTED: 5 -0 d) Town Accountant's Salary: * MOTION: That the Town Accountant salary be set at $22,580, which is Step G -3. Dunn /Levine Discussion followed concerning a reasonable percent increase, with a range of 7% to recommended 12.2 %. The question raised was, if the Town Meeting does not want anyone to re- ceive more than a 7% increase, what does this do to the Admin- istrative positions and salary scale, classification, etc., which the Board recently voted for. Chairman Wills and Select- man Dunn support the personnel plan; Chairman Wills saying if the non -union personnel is not compensated, the Town will lose them. The motion was VOTED: 3 -2 D'Onofrio and McNair opposed e) Town Manager's Salary: * MOTION: That the Town Manager's salary be set at $37,871. Levine /Dunn Selectman McNair reminded the Board that previously he had voted against any set amount in a contract (referring to the built -in $1500 in the Town Manager contract). Selectman D'Onofrio feels the dollar amount is acceptable, but objects to the fact that the Board can set a built -in amount without Town Meeting vote. The motion was VOTED: 3 -2, D'Onofrio and McNair opposed * * * BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 7 f) Town Meeting Warrant: 1) The Chairman's opening statement was discussed and there was some ob- jection to his opening sentence saying that Proposition 2 -1/2 is work- ing in Mansfield and services are being provided. The Chairman said he would not use it if there was not 100% approval. It was felt that a statement should be made concerning what the Board has voted on as a majority. Any other changes should be up with Jim Wills later. 2) The Town Manager went through Motions for the Articles sponsored by the Board. Under the Fire Department the feasibility of the Call Firemen for West Mansfield, in connection with not hiring the 2 addi- tional Firefighters, was discussed; Chairman Wills said he now feels it is not possible. MOTION: To support the 2 additional Firefighters, which is the recom- mendation of the Finance Committee. Dunn /Levine Not voted Discussion followed covering the same ground as the initial session on March 14, 1984. AMENDMENT: That the Board support the Finance Committee position if, and only if, the Board resolves to put in place a private contract first - response ambulance service as soon as prac- tical, and so long as the service provided is equal to, or better than, the system provided today. Wills /Dunn The sense of the amendment is that the Board does not bind itself to do it, but binds itself to the intention to do it, if possible. MOTION: That the whole thing be tabled. Dunn /Levine FAILED: 2 -3 Wills, D'Onofrio and McNair opposed AMENDMENT VOTED: 2 -1 D'Onofrio and McNair abstained; Levine opposed. Vote on Motion as amended: FAILED: 2 -3 Levine, D'Onofrio and McNair opposed 3) Selectman D'Onofrio feels the School Committee is encumbering the entire town with their handling of salaries; said salaries are over 3/4 of the School Committee budget. He feels the townspeople should be told this. * 4) MOTION: To support the motion of 60,000 S.F. for aquifer protection. Levine /D'Onofrio BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 8 Selectman D'Onofrio stated he feels the Board should always look forward; therefore added protection is important. Chairman Wills said he feels the article doesn't call for sufficient additional land. VOTED: 4 -0 McNair abstained. * 5) MOTION: To support Article 31 - Transfer of funds for the Library to join the Taunton Area Resource Sharing System. Dunn /Levine VOTED: 5 -0 * 6) MOTION: Move to not support Article 40 - funds for asphalt paving around 3 schools, simply because funds are lacking. D'Onofrio /McNair VOTED: 2 -1 Dunn opposed because there was no dollar esti- mate; Wills and Levine abstained. 10. New Business a) The Town Manager reminded the Board members of the Little League parade on Saturday, starting at 10:00 A.M. from Memorial Park. b) Chairman Wills presented the Board members with a copy of a suggested License Renewal Policy the Selectmen's Secretary would like to have adopted. She feels that if the Town requires licenses the rules and regulations pertaining to them should be enforced, and at present many are late in renewing, paying, picking them up. * MOTION: To adopt the License Renewal Policy, effective June 1, 1984. Levine /Dunn VOTED: 5 -0 c) Selectman Dunn reported that he had talked with Mo Prasad who feels it will probably be another month or so before live Cable TV can begin. d) Selectman Dunn also requested that the DAC be put on the agenda to dis- cuss current temporary street layouts and accompanying problems down- town. There was discussion; the Town Manager advised that there are several issues still unresolved concerning the downtown project, and if they aren't settled soon, the grant money will be lost. It was decided to attempt to have something on next week's agenda to resolve this. e) Selectman Dunn reported that Mo Prasad was concerned with the present vacancy on the Cable Advisory Committee and that Courtney Marconi would like to be reappointed. * MOTION: To reappoint Courtney Marconi to the Cable Advisory Committee for a 3 -year term, to expire after the Committee's April 1987 Annual Meeting. Levine /McNair VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING APRIL 25, 1984 PAGE 9 f) Chairman Wills had distributed a copy of a Proposed Schedule for Select- men meetings, designating alternate weeks as Workshop Sessions. * MOTION: To adopt the suggested meeting schedule, effective after the Annual Town Meeting. Levine /Dunn VOTED: 5 -0 11. MOTION: To go into Executive Session to discuss land acquisition and col- lective bargaining, and to come out to adjourn only. Board polled: 5 -0 * 12. MOTION: To adjourn at 11:55 P.M. Levine /D'Onofrio VOTED: 5 -0 MINUTES APPROVED: Date signe SUGGESTED LICENSE RENEWAL POLICY All license renewals will be mailed 30 days prior to the expiration date, and will be followed by a 10 -day reminder, when necessary. Any license renewal not received and paid for by the stated expiration date will thereby be revoked by the Board of Selectmen at their next regular scheduled meeting. The Mansfield Police will be notified of such action taken, for reason of enforcement.