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HomeMy WebLinkAboutBOS MINUTES 9-5-1984BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PRESENT: Chairman Wills; Selectmen Levine, Dunn, D'Onofrio, McNair; Town Manager 1. The meeting was called to order at 7:30 P.M. and the Flag was saluted. The Chairman then asked for a moment of silence in honor of John White, who had passed away this morning; saying he had many years of service to the Town as a member of the Finance Committee. 2. Minutes * MOTION: To approve the Minutes of June 27, 1984. Dunn /Levine VOTED: 3 -0 D'Onofrio and McNair abstained * MOTION: To approve the Minutes of July 11, 1984 Dunn /McNair VOTED: 4 -0 D'Onofrio abstained * MOTION: To approve the Minutes of August 22, 1984 McNair /D'Onofrio VOTED: 4 -0 Dunn abstained 3. Centennial Celebration of Mansfield Public Li The Clerk read the Resolution which was beautifully printed by Norman Mahana, and the Chairman reminded everyone present that the celebration begins this Saturday, September 8th, at 10:00 A.M. on the South Common. * MOTION: To approve Centennial D'Onofrio /I 4. Warrants * MOTION: To approve August 29, the Resolution for the Mansfield Public Library Celebration. dcNair VOTED: 5 -0 Warrant #10 in the amount of $205,901.01, dated 1984, broken down as follows: General Fund - $131,776.24 Revenue Sharing - 435.01 Special Revenue - 2,739.32 Recreation Revolving - 1,061.80 Motor Pool - 12.15 Sewer Enterprise - 6,576.65 Water Enterprise - 35,886.11 Electric Enterprise - 27,413.73 McNair/ D'Onofrio VOTED: 5 -0 II C ev, (+2. A 1 '/1 5 "VNrs�2.c� GN ! / Or by 5C;4,c) fE. f'-) V P, BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 2 MOTION: To approve Warrant #11 in the amount of $603,834.24, dated September 5, 1984, broken down as follows: General Fund - $556,870.97 Revenue Sharing - 298.00 Cafeteria - 759.19 Special Revenue - 7,997.03 Motor Pool - 27.34 Sewer Enterprise - 2,768.17 Water Enterprise - 3,782.62 Electric Enterprise - 31,330.92 McNair /D'Onofrio 5. Correspondence VOTED: 4 -0 Levine abstained - Period August 9 through August 22, 1984: a) Letter from Raymond E. Goddard regarding Leon Grant's "Farm pond" and a tax situation; referred to Town Treasurer for comment. b) Letter from Southeastern Massachusetts EMS Council re: Proclamation of Emergency Medical Services 4leek, Sept. 16 -22; vote required by the Board of Selectmen. MOTION: To proclaim the Week of September 16- 22,1984 Emergency Medi- cal Services Week in Mansfield. D'Onofrio /McNair VOTED: 5 -0 c) Letter from Planning Board re: Replacement of water mains on Morrow Street; formal recommendation is included in the Town Manager report. d) Letter from the Registry of Motor Vehicles re: Utilization of seat belts. e) Street light request for 870 Maple Street; referred to Electric Dept. Manager. f) Notification from State DPU of hearings re: Yankee Celltell Co.; joint petition of Canal Electric Co. and others on cost & schedule of Seabrook Unit 1; GTE Sprint Communications; termination of gas, electric and water service customers (this one referred to Electric Dept. Manager and DPW Director). g) Letter from A.L. Willis, Jr. re: recent action of Planning Board on Cabot Pond. h) Letter from North Attleboro Board of Public Works re: Meeting on water connection on Oakridge Ave.; referred to DPW Director. BOARD OF SELECTMEN MINUTES OF MEETING j SEPTEMBER 5, 1984 PAGE 3 i) Memorandum from Executive Office of Communities & Development re: Funds available for Chapter 707 Rental Assistance Program. j) Copy of letter to Jacquelyn Wilkins, MEPA Unit, from League of Women Voters re: Their concern for possible groundwater pollution at the pro- posed Great Woods Performing Arts Center. k) Letter from SRPEDD re: 20 hours available for municipal advice; Town Manager has filled in questionnaire and returned it. 1) Letter from Frederick Phillips re: Request for boundary markers. m) Copy of letter from Town Treasurer to Town Manager re: Report of Bristol County Retirement System on the advisability of a local Pension Reserve Fund. n) Memo from Police Chief re: Liquor disturbances and radar violations for week of August 15 - 21, 1984. - Period August 23 through September 5, 1984: a) Notification of legal action taken by Giziano Scarpellini against the Town of Mansfield; the Town insurance carrier, Firemen's Fund Ins. Co., will defend the Town. b) Notification from Corps of Engineers re: Wastewater Treatment Plant site inspection Sept. 5, 1984. c) Copy of letter from Richard Curley to Planning Board re: Morrow Street. d) Copy of letter to Shirley MacPhee from Dept. of Revenue congratulating her on passing the Dept. of Revenue course in Assessment- Administration- Law- Procedure and Valuation. * MOTION: To send a letter of congratulations to Shirley MacPhee. McNair /Dunn VOTED: 5 -0 e) Letter from Disabled American Veterans re: Granting permission for their Forget -Me -Not drive downtown Sept. 5,6,7 & 8, 1984. * MOTION: To grant permission for the Disabled American Veterans Forget - Me -Not drive September 5,6,7 & 8, 1984. McNair /D'Onofrio VOTED: 5 -0 f) Notification from DEQE re: Eligible list for State Collection Systems Construction Grant Program, FY -86 Priority Lists. g) Notification of an MMA seminar on Revenue Sharing Handicap regulations, to be held September 19th and 20th. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 4 h) Letter from House Republican Leader, William G. Robinson re: Gov. Dukakis veto of additional funding for local communities; had the Gov- ernor not taken this action, Mansfield would have received an addi- tional $103,785. i) Notification from the Dept. of Environmental Management re: Grant pro- posals for rehabilitation and acquisition of public common open space. j) Copies of 3 letters from Bruce A. Willox, 92 Central Street, to Robert Pratt, Plant Manager of APR. k) Copy of letter from Dept. of Revenue to Regional School District Super- intendents re: Increased Cherry Sheet aid to the Southeast Regional School District. 1) Letter from Gov. Dukakis to Local Government Officials re: Adjustment in the Cherry Sheet as a result of the revised State budget; this shows that Mansfield will receive approximately $56,000 more. m) Letter from MSPCA re: Change in scheduling for the workshop scheduled for Sept. 10 -12; no new date set. n) Notification of a Board of Appeals decision on a variance for Eileen R. Caponigro. o) Copy of Southeastern Regional School District Management Report, and Financial Statements and Auditor's Report, June 30, 1983. p) Memos from Police Chief re: Liquor disturbances and radar citations for period of August 23 - Sept. 4, 1984. q) Letter from Joanne Colella & Vincent Guerrini re: Designating the Mans- field School Committee members as "Special Municipal Employees ". Because of discussion on this matter, Chairman Wills turned the gavel over to the Clerk, as Joanne Colella is Chairman Wills' sister. Select- man Levine also did not participate in the discussion since she is a member of the School staff. * MOTION: To refer this to Town Counsel to get more information. McNair /Dunn Joanne Colella was present and gave the Clerk a copy of her letter from the State Ethics Commission, explaining that as a member of the School Committee, she is a municipal employee and, therefore, cannot serve as a paid employee of the Mansfield Housing Authority, unless the Board of Selectmen designates members of the School Committee as Special Muni- cipal Employees. The State Ethics Commission advised her she has 30 days in which to resolve this conflict. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 5 Selectman McNair said he feels it would be opening a Pandora's box. Select- man D'Onofrio said he cannot support it without further information from Town Counsel. * AMENDED MOTION: To have something back, in writing, from Town Counsel or his designate by Wednesday, September 19th, or meet with the Board that evening. Dunn /McNair VOTED: 3 -0 Public Hearing /Old Colony Diner Liquor License Joseph St. Onge, President and Manager of the Old Colony Diner, and his attorney, Charles Mulcahy, were present. The Clerk read the advertisement for the hearing and Mr. Mulcahy presented the notice to abutters documenta- tion. Mr. St. Onge wishes to add an outdoor patio to the diner with en- trance only through the main dining area. The patio will have a 4 foot wall and be covered by a tent. He has entered into a lease arrangement with Peter Saunders for the plot of land to be used for the expansion. Mr. Mulcahy presented a plan of the proposed patio, together with pictures. Mr. St. Onge has already discussed the plan with the Building Inspector. The Board was advised that liquor sales are a small part of the business the diner does, and there has never been a complaint registered. The Chairman opened the hearing for questions and comments from the Board and anyone present. MOTION: To close the hearing. Levine /D'Onofrio VOTED: 5 -0 MOTION: To grant the expansion of Old Colony Diner, subject to issuance of the Building Inspector's Occupancy Permit. Levine /D'Onofrio VOTED: 5 -0 Public Hearing /Sherman Central Liquors, Inc. The Clerk read the Notice of Hearing. Mr. William Sherman and his attor- ney, Stephen J. McGrath, were present; Mr. McGrath presented copies of the notice to abutters, together with the Return Receipts. The application is for a transfer of license from Patterson Central Liquors, Inc. to Mr. Sherman, d /b /a Mansfield Central Liquors, Inc. Mr. Sherman is sole officer in the corporation and will be managing the store. The Pattersons and their attorney were present. The hearing was open to members of the Board and anyone present. * MOTION: To close the Hearing. McNair /Dunn VOTED: 5 -0 * MOTION: To grant the license transfer. Levine /D'Onofrio VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 6 8. Warrants The Clerk read the Warrant for the September 18, 1984 State Primary Elec- tion. * MOTION: To post the State Primary Election Warrant. McNair /Levine Voted: 5 -0 The Clerk read the Warrant for the Special Town Meeting September 24, 1984. * MOTION: To post and open the Special Town Meeting Warrant. Dunn /D'Onofrio VOTED: 4 -0 Levine out of room. The Town Manager then reviewed the nine articles suggested for the warrant. The first three pertain to fire apparatus. * MOTION: To include the first three articles. McNair /Levine AMENDMENT: To include only Articles 1 and 2. D'Onofr,io /McNair Discussion followed; Selectman D'Onofrio felt Article 3 items should come from the Reserve Fund. Chairman Wills expressed a desire to see the figures before he will vote on it, so would like it left in at present; Selectman Dunn agreed. MAIN MOTION VOTED: 3 -2 D'Onofrio and McNair opposed. Article 4 relates to reconstructing the roof of the Fisher - Richardson House. The Town Manager advised the Board that he had received a report from The Preservation Partnership concerning the House indicating that over the next few years the House should have approximately $20,000 worth of restoration work. However, right now the roof and some work in the basement where rot is evident, are of prime importance. The estimated cost is $5,000 for the roof, plus $1,500 for a fan and repairs in the basement, $500 for a new door, plus fees, for a total of $9,000. David Loving, from the Historical Commis- sion was present and said the roof needs immediate attention and cannot wait for the Annual Town Meeting. * MOTION: To include Article 4 in D'Onofrio/Dunn VOTED: * MOTION: To include Article 5 in Dunn /D'Onofrio VOTED: * MOTION: To include Article 6 in D'Onofrio /Dunn VOTED: the Special Town Meeting Warrant. 5 -0 the Special Town Meeting Warrant. 5 -0 the Special Town Meeting Warrant. 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 7 * MOTION: To include Article 7 in the Special Tom Meeting Warrant. D'Onofrio /Levine VOTED: 5 -0 * MOTION: To include Article 8 in the Special Town Meeting Warrant. D'Onofrio /Dunn VOTED: 5 -0 * MOTION: To include Article 9 in the Special Town Meeting Warrant. D'Onofrio /Dunn This article relates to acceptance of Meadow Lane and was ex- plained by the Town Manager in some detail. It will require a hearing, which would have to be held the night of the Special Town Meeting. VOTED: 5 -0 * MOTION: To hold a Public Hearing September 24, 1984, 7:00 P.M. in the High School Auditorium. Levine /McNair VOTED: 5 -0 * MOTION: To close the Warrant. McNair /D'Onofrio Selectman D'Onofrio then suggested that one other item be in- cluded on the Warrant, for a by -law which specifically states the Town's policy on entertainment licenses; a by -law for licens- ing procedures in line with the Stockbridge by -law. Discussion followed. Chairman Wills feels it is not possible to write a by -law that covers all kinds of entertainment; that there is a need for flexibility to write restrictions for various type facil- ities. The Board should not ask the voters to write the restric- tions. * MOTION: The Board adopt an Article 10 to the Special Town Meeting Warrant "To see if the Town will vote to accept a by -law having to do with licensing of public entertainment, under Chapters 140 and 136 of the Mass. General Law ". D'Onofrio /Dunn VOTED: 3 -2 Levine and Wills opposed MOTION: To close the Warrant. McNair /D'Onofrio VOTED: 5 -0 9. American Paper Recycling Co. The Town Manager reviewed the Town Counsel's proposal to limit traffic be- tween certain hours, between specified locations, and of specified gross weight. This would require an alternate route, approval by the State DPW, and the Attorney General's office, and a public hearing. A report from ( the Building Inspector concerning his, and the Health Agent's, decibel BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 8 meter monitoring of the noise level at the APR plant was available. * MOTION: That the Board have a hearing to consider enacting a regulation, as Road Commissioners, to exclude vehicular traffic in excess of 5 tons on Central Street between Route 106 and the railroad tracks between the hours of 10:00 P.M. and 7:00 A.M. Dunn /McNair VOTED: 4 -1 Wills opposed Chairman Wills feels the Board is misleading the neighborhood, because the Board cannot impose such a restriction without pro- viding an alternate route. Phil Hatch from Central Street was present and advised the Board that noth- ing has changed. When asked by Chairman Wills what he feels the Board can do that it has not already done, Phil Hatch said he didn't know. He then presented copy of a law he had obtained from Town Hall, he said, but he did not know from what book, called a Noisome Trade Law. The Town Manager referenced the Mass. General Laws with the conclusion that this is a Dept. of Health matter. * MOTION: Ask the Board of Health to research that law at their next meet- ing and report back to the Board as soon as possible. Levine /D'Onofrio VOTED: 5 -0 Selectman Dunn voiced a desire to have an Executive Session to meet with Town Counsel and the. Building Inspector on the pending litigation, as soon as possible. * MOTION: So moved. Dunn /Levine VOTED: 5 -0 It was decided to hold the public hearing on the vehicular restrictions on September 26, 1984. 10. Morrow Street Chairman Wills turned the gavel over to the Clerk for this discussion as he is in business with one of the developers involved in this matter. The Tom Manager reviewed his Memorandum of August 22nd concerning this issue wherein the Planning Board approved a subdivision plan with a waiver of certain subdivision requirements within the development; specifically, the elimination of a sidewalk on the cul -de -sac, if the developer (Folkman Co., Inc.) agreed to provide the labor for installation of an 8" replace- ment water main from the development through to Chauncy Street.. This re- placement of the water main has been recommended by the DPW Director, and a Memorandum from him had been distributed to members of the Board con- BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 9 cerning his reasons for such a recommendation. In addition to the pro- posed 4 -lot subdivision, Morrow Street has 13 dwelling units served by the main, which needs replacement, as indicated by recent flow testing. The DPW Department would supply the pipe, the Folkman Co. would be respon- sible for installation; the pipe is presently in stock. There was considerable discussion. Selectman Dunn expressed a need to see a cost breakdown, and would also like an explanation concerning indi- cation that an 8" pipe would be connected to a 6" at two places. Select- man D'Onofrio felt this proposal would set a precedent and summarized the situation as a case of value and cost vs. policy and procedures. * MOTION: Would like to view this in figures of savings and cost. Dunn /Levine Not voted * MOTION: To table to seek further information on financial implications and the technical aspects of pipe izes. Dunn /Levine VOTED: .-d '3->�/ 3 -1 McNair opposed 11. Conservation Commission The Chairman brought up the matter of, David Malay's lack of attendance at the Conservation Commission meetings and the letter the Board had sent him requesting a response; nothing has been heard from him. * MOTION: To remove Mr. Malay from the Conservation Commission, giving him proper notice.of the hearing date. McNair /Levine VOTED: 5 -0 12. Yellow Cab of Mansfield The Chairman brought up the matter of Yellow Cab of Mansfield's Hackney License, saying the 5 -day suspension has run out some time ago, and it could be operating, though he does not think it is. Nothing has been heard from Mr. Faria. * MOTION: To revoke the license because it has been four weeks since the hearing and the Board has heard nothing further. Mr. Faria is to be notified of this action; also the Registry of Motor Ve- hicles and the State DPU. Dunn /Levine VOTED: 5 -0 13. Old Business a) Selectman McNair asked the Town Manager about the status of the lime injection program. He said he has received calls from West Mansfield BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 5, 1984 PAGE 10 where the situation is worsening. He asked if the Board could receive a status report by next week's meeting on when things are to be com- pleted. He asked if Whitman & Howard were still involved; was told they are. John McNair would like assurance from them that they are on top of it and that things are being done properly, with schedule for completion. Selectman D'Onofrio expressed concern for the ph level and expressed the need for things to move as expeditiously as possible. b) Selectman D'Onofrio asked the Town Manager the status on the Wells/ McTernan area flooding problem. He will check on this. 14. New Business a) Selectman Levine suggested that the Board send something to the home of John White. She also reminded the Board that in due time the vacancy will have to be filled, on the Finance Committee. b) Selectman Levine advised the Board that she had received a call from a resident requesting that a traffic sign at School Street and the new Rt. 140 be moved to Rt. 106 and Rt. 140, so that heavy traffic will not be directed through a residential area. The Town Manager will look into this. c) Selectman McNair expressed the need to have manhole covers at Pratt Street and Rt. 106 repaired. The Town'Manager will attend to this, as well as the reported damaged one on Central Street. d) Selectman McNair also stated that the grass in the cemetery needed cutting; this will be taken care of. e) The Chairman reminded the Board of an Electric Commissioners meeting Monday, September 10th. f) Selectman Dunn voiced the need to hold bi- monthly meetings with boards and committees again. 15. Adjournment * MOTION: To adjourn, at 11:30 P.M. D'Onofrio /McNair VOTED: 5 -0 MINUTES APPROVED: Date signed v MEMORANDUM TO: Board of c ien FROM: Chad Mau r To n Manager DATE: September , 1984 RE: Articles for Special Town Meeting TONAIN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 Attached are the proposed articles which have been received for the Special Town Meeting which has been called for September 24, 1984. The Fire Depart- ment apparatus Articles 1 through 3 relate to the requirements for replacing and /or rehabilitating certain fire apparatus, as discussed with the Board at their meeting on August 22nd. Demers Associates is in the process of preparing the specifications and cost estimates and reviewing the condition of the Sea - grave pumper. At this time the formal report on costs and the condition of the pumper has not been received. The information will be available for consider- ation by the Selectmen at their meeting on September 12th. Article 1 - provides for the raising and appropriating of money for the re- placement of the fire apparatus. Article 2 - provides for the borrowing of funds. Article 3 - provides for raising and appropriating the funds that may be nec- essary for operating and salary increases that are a direct result of the problem with the fire apparatus. Article 4 - relates to the attached report of The Preservation Partnership rela- tive to the condition of the Fisher- Richardson House. Article 5 - is a request by the Historical Commission for the placement of deed restrictions on the Fisher - Richardson House property. Such a deed restriction would make the Fisher - Richardson House eligible for reimbursement for the restoration work. The Commission has advised me that it is easier to place a deed restriction on this property than to wait for the timely process of applying for the eligibility of the building on the Historic Register. Article 6 - The Library Trustees have requested this article be placed on the Warrant for the transfer of funds from an existing account for the Mansfield Library to join the Automated Bristol Library Exchange. This article had been placed on the Annual Town Meeting, but was withdrawn. The Bristol Library Exchange has been reorganized and ( a new grant proposal has been filed. The Trustees feel that the MEMO to Board of Selectmen September 5, 1984 Page 2 Article should be approved pending receipt of the grant. Article 7 - At the Annual Town Meeting $5,000 was appropriated to cover the cost of the Town Clerk office for conducting the State Census. There was no distinction made in this appropriation between sal- aries and expenses. The Town Accountant has advised that the accounts should have been split at the time of appropriation and, therefore, the Town Clerk is recommending that $2,000 be appropri- ated for salaries and $3,000 be appropriated for expenses. This requires no additional appropriation of funds by the Town, and monies spent on the State census are reimbursable to the Town by the State. Article 8 - is a petition of Norman Mahana requesting that $250,000 of the Water Division reimbursement funds be set aside for acquisition of future well sites. This article would ensure that a major portion of the balance of the funds in the grant could be util- ized only for future water supply land acquisition. It should be noted, however, that before any land is acquired, a specific Town Meeting vote relative to the actual property to be acquired would have to be taken. Article 9 - by petition of Dottie Brown and the residents of Meadow Lane, requesting the acceptance of Meadow Lane. The normal procedure for street acceptance requires that the developer submit plans to the Planning Board, and the Planning Board recommends to the Board of Selectmen that the street be accepted. Last year the developer submitted the plans to the Planning Board in early Fall. The Planning Board voted not to include this street for acceptance at the Annual Town Meeting because they normally require one year to pass prior to acceptance by the Town. The one year acceptance is up in early October and approval of the street at the Special Town Meeting would be almost within the Planning Board's one -year requirement. The non - acceptance of the street is creating a prob- lem for the property owners because the developer will not permit Cablevision to install their lines in the street, because he does not want to be responsible for their work. If this article is included on the Warrant, the Board of Selectmen will have to hold a public hearing, and the earliest possible date for the public hearing would be the night of the Special Town Meeting. WCM:ebh