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HomeMy WebLinkAboutBOS MINUTES 9-12-1984BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 SEP 2 4 19841 l_ j Y' ®a VIA Cie -_R PRESENT: Chairman Wills; Selectmen D'Onofrio, McNair, Dunn; Town Manager; Selectman Levine arrived at 7:35 P.M. 1. The Meeting was called to order at 7:05 P.M. and the Flag saluted. The Chairman then advised those present that the first item for discussion is the Conflict of Interest /Special Municipal Employee topic which sur- faced at last week's meeting, particularly in connection with School Com- mittee members. He introduced Attorney Alphonse Query, who is serving as Town Counsel in the absence of Jack Dwyer. The Chairman then asked Mr. Query whether he should participate since his sister, as a School Committee member, is involved. The answer was it is up to his own conscience. Mr. Query said he would discuss Chapter 268A in general and how it applies to School Committee members and read the definition of "Special Municipal Employee" at a later point in the discussion. Selectman Dunn asked why the books have a law which designates "Special Municipal Employee "; why is it there? The answer - to make it more legal; it is a loose, broader cate- gory. The Chapter sets down some guidelines for the Board to help deter- mine if an individual is serving in conflict, and for the Judge to make a determination as to whether or not a conflict exists. Selectman Dunn then asked how other towns classify employees. Mr. Query then passed around a copy of Walpole's classifications, and said he expects to receive one from Westwood which he would send the Board. Mr. Query pointed out that if classifying, each member of each board must be treated equally; that classification belongs to the position, not the individual. Chairman Wills asked what regulations are a "Special Municipal Employee" exempted from. The answer - quite a few; it is a much more liberal status. Selectman McNair again expressed concern that such a designation would be "opening the door" so that a teacher, custodian, groundskeeper, etc. could apply for membership on the School Committee. Mr. Query said the employee has the right to run for the office at present, but may then have to determine whether he can keep the other position. There was discussion about the Home Rule Charter prohibiting anyone hold- ing an elected office in the Town from holding any other elected position, and how this relates to the "Special Municipal Employee" situation. Selectman D'Onofrio asked if the "Special Municipal Employee" classifica- tion is voted, can it be reversed at a later time? The answer - any action is reversible, and any action taken does not bind another board. The Chairman then asked if there was any motion; there being none, the Chairman asked Mr.'Query concerning the future possibility of having a by -law accepted regulating noise, would a licensee have to abide by it? The answer - yes. The Chairman explained that in establishing an Enter- tainment License for the proposed Great Woods Performing Arts Center the Board is using Chapter 140, Section 183A of the Mass. General Laws. Mr. Query feels it is the best route to take and by attaching restrictions to the license, rather than passing a by -law, it helps the position of the Board by having said restrictions attached to the specific license. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 PAGE 2 The Chairman brought up one other item; i.e., the suggested traffic re- strictions for Central Street, as drawn up by Town Counsel. The Town Man- ager is to give a copy of this to Mr. Query. Mr. Query was then thanked for his time. MOTION: To classify the Mansfield. School Committee as "Special Municipal Employees ", and further to review all other regular municipal em- ployees, within the next two weeks, and to classify them as well. Dunn /McNair Selectman Dunn then said the intent was that there is a sense of urgency right now on the School Committee, whereas when the Town Moderator was so designated there was not. In this instance there is a need now. Selectman McNair does not think it is best to classify all municipal employees; that down the road there will be problems. (Prior to the Motion, both Chairman Wills and Selectman Levine withdrew from further discussion). Selectman D'Onofrio then read a prepared statement indicating his disapproval and why; his feeling is that it is important to promulgate what is in the long -term best interest for the Town which is to not grant the classification. Joanne Colella questioned Selectman D'Onofrio's intent, and Joanne Begley also commented. VOTED: 1 -2 D'Onofrio and McNair opposed Juror Selection a) New Bedford Superior Court, Criminal Session, October 1, 1984 - Randolph McDougall, 1125 East Street - Thomas F. Murray, 255 Chauncy Street - Kathleen A. Lovett, 102 Franklin Street b) Fall River District Court, 6 -man jury, October 1, 1984 - Albert V. Butler, 5 Bella Vista Ave. c) Fall River Superior Court, Civil Session, October 1, 1984 - William Foster, 46 Pratt Street - Wilfred E. Emond, 115 Walnut Street 3. Camp Dresser & McKee Report Charles Loveridge was present to review the July and August Progress Re- ports which had been previously distributed to the Board members. He said Walsh has completed their contract; bids have been opened for the treatment plant vehicles; they are presently working on landscaping at the location. The in -place construction at the end of July was 91.05 %. Mr. Loveridge then presented two Change Orders: BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 PAGE 3 Addition of foam glass insulation in primary pump station - MOTION: To approve the Change Order in the amount of $2,949.00. McNair /Dunn VOTED':. 5 -0 Fifteen miscellaneous electrical changes - Mr. Loveridge reviewed a few of these for the Board members; they had to be made to make the equipment work. MOTION: To approve the Change Order in the amount of $14,873.65 McNair /Dunn VOTED: 5 -0 $2,949.00 $14,873.65 Mr. Loveridge then said they have finally received the approval from the State for the Spring Street Interceptor; work should start in the Spring of '85 and take about a year to complete. The Town Manager cautioned that there will be another delay while the State reviews all the bid documents after they come in. The Town Manager reported on the status of negotiations with Norton and Foxboro. A proposal was sent to Norton in July; recent contact with them indicated it will be another month before they come back with a report. They are trying to put together a package for industrial and residential. Foxboro is waiting to get straightened out with the State. 4. Fire Apparatus With Chief Sliney and David Demers, of Demers Associates, present, the Tom Manager reviewed his Sept. 12 Memo which covered the report from Demers As- sociates, and recommendation, for the Seagrave pumper. It was recommended that the Town purchase two Class A custom pumpers and one commercial pumper. Further discussion suggested it might be possible to upgrade the Seagrave, if it was decided that it would be economical over a period of years. Demers has prepared specifications and advertised; the bids will be opened Septem- ber 19th; these specifications will allow the Selectmen to make a policy de- cision on which purchase options to recommend at the.Special Town 'Meeting. The Town Manager said one option to look at for purchase of the new engines is a lease - purchase program, which can run for a period up to seven years. Another option is to borrow the funds. This decision will not be made to- night. Mr. Demers discussed various parts of the Seagrave, stating that the chassis is sound; he also explained the difference between a custom pumper and a commercial one. Chairman Wills then asked if it would be pos- sible to have one of each brought to town for those interested to inspect. The Fire Chief is going to try to do this for Saturday noon, of this week. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 PAGE 4 Licenses and Permits a) Application for a second Hackney License, by Elaine Beattie, to operate under the name of Town Taxi (originally specified as Sunshine Taxi). Mr. Beattie was present to answer questions; their rates had been sub - mitted, their radios have been installed, address and telephone number given, and he said they have parking off street. The hours are proposed to be 6:00 A.M. to Midnight. He expects to advertise and hire drivers within the week. * MOTION: To approve both licenses. McNair /D'Onofrio VOTED: 5 -0 b) Application for a One -day Beer and Wine License for St. Mary Church, September 29th and 30th. * MOTION: To approve. Levine /Dunn VOTED: 5 -0 * MOTION: To waive the fee. Dunn /D'Onofrio VOTED: 5 -0 c) Sewer Connection Permit Application by Broderick Corp., for 7 single residential lots on Riverside Drive. The Town.Manager explained that this subdivision was approved some time ago, but never completed. Selectman D'Onofrio questioned present capacity; the Town Manager will check into this. * MOTION: To approve the Sewer Connection Permit. McNair /D'Onofrio VOTED: 5 -0 6. Great Woods Performing Arts Center Licenses Chairman Wills explained that, as requested by the Board, he and Selectman D'Onofrio had set up some suggested restrictions for the Entertainment License; after approval by the other Board members, they would then go to Town Counsel and JDC's counsel. Chairman Wills read a Memo from the Police Chief outlining his projected needs for traffic security at the facility. The Chairman then went through the suggested restrictions; there was vary- ing amounts of discussion on some of them. Those which need further clari- fication and agreement concern a Noise By -law; a change`in the facility to increase capacity to require either a new license or an amended license; disapproval of chosen performers, and time of submittal of the proposed schedule. Both John Drew and Bill Krueger were present, along with their Counsel, Mary O'Neil. Mr. Drew feels very strongly about an "Amended" License, rather than revocation and a new one, because of the legal require- ments for a new one, plus the possibility of his being without one for a period of time, should it be revoked for cause. Time of renewal was agree- able as March 15, which gives more time for acquiring information on per- formers, etc. The dates for operation of the facility were agreeable as BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 PAGE 5 May 15th to October 15th. Chairman Wills asked John Drew why there was such a hurry to acquire these licenses. The answer was that the bank is waiting, before funds will be available, and plans, contracts, etc., cannot be affected until and unless the licenses are assured. Mr. Drew then pointed out to the Board that the specified time for a decision on the Beer and Wine license had already ex- pired (30 days from receipt of the application). MOTION: For a letter of commitment for a Beer. and Wine License for the Great Woods Performing Arts Center, to be consumed on the premises. Levine /Dunn VOTED: 5 -0 Chairman Wills advised the Board that he was advised by Leonard Silvia, of the Norton Board of Selectmen, that his Board has decided they are willing to go with the decisions of the Mansfield Board. Morrow Street Chairman Wills introduced this matter by stating that he would not partici- pate in the discussion as one of the owners of the Folkman Company is in business with him. The Town Manager reviewed his Memo of September 12, which basically covered the same information as last week, but had clari- fication on some points, with information from the Planning Director, break- down of costs, etc. MOTION: To accept the proposal. Dunn /Levine There was considerable discussion covering setting a precedent, whether the Town is giving something, or gaining. The Town Manager explained the reason for both the 6" and 8" water main. At present there is a 6" main in Chauncy Street, but today's Planning Board Subdivision regulations require an 8 "; one running into the other will not cause a problem. Selectman McNair pointed out that the Town will still have the cost of supplying the water connections to the 13 homes which will benefit from the new main (homes already existing). Selectman D'Onofrio expressed his strong feelings and reasons for.opposing this proposal. The Town Manager's Memo expressed support for the proposal as an opportunity for the Town to re- establish a very positive pre- cedent of private enterprise cooperating with the community in order to ac- complish the objectives of both, and offered several instances from past years when similar cooperation efforts were taken advantage of. Selectman D'Onofrio, who was chairing the discussion, closed the subject by stating - that because the waivers had already been granted by the Planning Board, he would vote for it this time, though opposed, but he will never again vote for such an agreement. VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 12, 1984 PAGE 6 8. Warrant #12 * MOTION: To approve Warrant #12 in the amount of $613,316.14, dated September 12, 1984, broken down as follows: General Fund - Revenue Sharing - Special Revenue - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise D'Onofrio /Dunn VOTED: 4 -0 $195,399.51 475.17 8,020.58 320.14 191,248.38 6,988.46 210,863.90 9. Minutes of September 5, 1984 * MOTION: To approve the Minutes of September 5, 1984. D'Onofrio /Dunn Selectman McNair advised that the vote for the Motion of Item 10 should show 3 -1 McNair opposed. Selectman Levine pointed out that the vote for Warrant #10 should show that she abstained on any school related item. VOTED as amended: 5 -0 10. Correspondence a) Invitation from Crosspoint Development Co. to a Topping Off ceremony at their new building, West Street, Sept. 14th at 4 :15 P.M. Selectman Levine has been asked to speak. b) Letter from Massapoag Horsemen's Association requesting permission to use Maple Park for an event to be held Sunday, Oct. 14th; referred to the Recreation and Conservation Commissions. c) Guidelines from Dept. of Revenue re: Tax Classification. d) Copy of letter from Town Counsel to the Town Clerk re: Status of Bird Road as an accepted public way. e) Notification from the Attorney General re: Disapproval of the Vending Truck By -law which was approved at the Annual Town Meeting. f) MEMO from MIFA; referred to the IDFA. g) Notification from State DPW re: Hearing to be held on petition of OMNI Communications, Inc. BOARD OF SELECTMEN MINUTES OF MEETING ( SEPTEMBER 12, 1984 PAGE 7 h) Letter from State DPW re: Highway funds; referred to Public Works Director. i) Memo from Police Chief re: Traffic Security at Great Woods Performing Arts Center. j) Memo from Police Chief re: Liquor disturbances and radar violations. 11. Adjournment * MOTION: To adjourn. Dunn /D'Onofrio VOTED: 5 -0 At this point Joanne Wood reminded the Board that they still had not called the prospective applicant for the IDFA in for an interview, saying they would lose her if they didn't do it within the week. * MOTION: To reopen the session. "D'Onofrio /McNair VOTED: 5 -0 * MOTION: To appoint Charlotte A. Kowalcek to the Industrial Development Financing Authority. D'Onofrio /Levine VOTED: 5 -0 * MOTION: To adjourn, at 12:05 A.M. Dunn /D'Onofrio VOTED: 5 -0 f - ': C erk Date signed I