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HomeMy WebLinkAboutBOS MINUTES 9-26-1984BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PRESENT: Chairman Wills; Selectmen Dunn, D'Onofrio, McNair; Town Manager; Selectman Levine arrived at 7:40 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag was saluted. 2. Minutes * a) MOTION: To accept the Minutes of September 19, 1984. D'Onofrio /McNair * * Selectman McNair asked that his question concerning whether Emergency One and Pierce were the only two bids received, under Item 6, Fire Apparatus, and the answer be included in the Minutes; the answer being that four bids were received, but two did not meet the specifications. Selectman D'Onofrio stated it was a salient point that none of the bids met all the specifications. Selectman Dunn reminded those present that he had questioned whether the two whose bids were accepted had major or minor exceptions to the specifications; the Board had been told they were minor. Selectman McNair questioned Item 3b, stating he thought the One Day Beer and Wine License for the United Methodist Church was for two days. The secretary was asked to check this. VOTED as amended: 4 -0 b) MOTION: To approve the Minutes of September 24, 1984 covering Fire Apparatus options. D'Onofrio /McNair Selectman McNair wanted to insert a statement that although Selectman Levine had left the meeting prior to the Motion "To purchase two custom apparatus and one commercial ", she had indicated that was the one she was in favor of, during prev- ious discussion. VOTED as amended: 4 -0 c) MOTION: To approve the Minutes of September 24, 1984 covering the Hearing for Acceptance of Meadow Lane. 3. Warrant #14 D'Onofrio /McNair VOTED: 3 -0 Dunn abstained * MOTION: To approve Warrant #14 in the amount of $1,065,075.37, dated September 26, 1984, broken down as follows: BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 2 General Fund - $927,293.04 Revenue Sharing - 13,416.89 Special Revenue - 8,017.15 Motor Pool - 21.88 Sewer Enterprise - 44,852.95 Water Enterprise - 39,516.64 Electric Enterprise - 31,956.82 D'Onofrio /McNair VOTED: 4 -0 4. Licenses and Permits a) As requested, the Selectmen signed a Mass. Department of Public Works certification for the amount spent on highway construction, mainten- ance and policing of the town streets and roads, in accordance with Chapter 81, Section 31 of the General Laws. The Town Manager explained this will determine the amount of State aid the Town will receive in the future. b) Application for Parade Permit for the Mansfield High School Homecoming October 27, 1984, to leave the High School at 12:30 P.M. * MOTION: To approve the Homecoming Parade Permit McNair /Dunn VOTED: 4 -0 5. Correspondence a) Letter from Ellen Rubin O'Hearn, of Norton, re: License for Great Woods Performing Arts Center, supporting no restrictions. b) Notification from MSPCA re: Animal Welfare Legislation. c) Letter from Fortunato Menga re: APR. d) Notification from the MMA re: Workshop on Solid Waste Management on Wed- nesday, November 14, 1984 at Holyoke Community College Forum. e) Copy of the Friday, September 14, 1984 Congressional Record, from the Honorable Barney Frank, where he submitted a report of the Mansfield Library Centennial. f) Notification from Dept. of Public Utilities re: Hearing for Mass. Muni- cipal Wholesale Electric Co., October 18th. g) Invitation from The Self Help, Inc. Board of Directors to their Annual Meeting, Thursday, October 18th. h) Notification from Dept. of Revenue re: Chapter 74 of the Acts of 1984. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 3 i) Notification of Debate between Mass. Audubon & Mass. Reclamation Board sponsored by the Norton - Mansfield League of Women Voters on mosquito spraying, to be held in the Mansfield Town Hall, October 4th, 8 P.M. j) Notification of Bristol County Selectmen's Association Fall Meeting, October 11, 1984 at the Golden Pheasant in Berkley. k) Memo from Police Chief re: Liquor disturbances and radar violations. 1) Weekly report from the Water Department on pumping records. 6. Public Hearing - Traffic Restriction on Central Street The hearing was called at 8:00 P.M.; the Clerk read the Notice. Selectman Dunn then opened with a statement covering the purpose of the hearing, say- ing that as a result of all the controversy and concern of and for the resi- dents in the neighborhood of the American Paper Recycling plant o.n_Central Street, the Board had asked Town Counsel's opinion on establishment of a policy to restrict truck traffic on Central Street, with the intent to reg- ulate the hours of operation. Selectman Levine said something has to be done to allow the residents to conduct their home business as much as individuals of the industry; there has to be some common ground, both must try to bring some kind of harmony for both sides. The hearing was then open for the public to speak. Mr. Philip Hatch, as spokesman for the residents, reiterated at some length the continuing problems they experience and have put forth to the Board several times before. Mr. Menga said the size of the truck makes no differ- ence, that the police say they can't do anything, but that he is not against the people, he is against the situation. One resident asked how the con- trol would be regulated, that the trucks pay no attention to signs now. Phil Hatch brought up the Noisome Trade Law again; the Clerk then read a letter received from the Board of Health stating that the Board finds no Board of Health violations at the plant, and that DEQE has stated they could find no violations of Department regulations. Their letter ended with the recommendation that the neighborhood pursue the matter by means des- cribed in Chap. 111, Sec. 145 of the General Laws. The Board was reminded that it is not only Central Street residents who suffer from the noise; it extends to Dean, Avon and High Streets, and one resident asked if the proposed regulation would be extended to the upper part of Central Street. It was felt this would require another hearing. Mr. Hatch had asked if there was a representative from APR present; at this point the Chairman offered the floor to APR's attorney, James Perkoski of Attleboro, who was accompanied by APR's Vice President In Charge of Opera - tions, Ken Golden. Mr. Golden is now based in Mansfield. The Board was BOARD OF SELECTMEN MINUTES OF MEETING } SEPTEMBER 26, 1984 PAGE 4 advised that Robert Pratt was no longer the Plant Manager. Mr. Perkoski then said they (APR) hope to work out some sort of compromise and asked the Board to hold off until they have time to come up with something. He said they are not willing to leave without a substantial fight; they have spent approximately $30,000 paving the parking area, which was a move to satisfy complaints; they have hired people to police the area; they are violating no criminal statutes per the Mansfield Police reports; they are willing to do anything within reason and economically feasible; they are willing to hire Mansfield police to make spot checks; they are trying to find some other place to store their trucks, especially during the summer months; and they are trying to negotiate an arrangement with the railroad to transport for them. Attorney Perkoski asked the Board to join them in approaching Representative Vernon to attempt to get some other access to Rt. 140. Selectman McNair stated he would like to see this Board take some kind of action. Selectman Levine.cited a couple of incidents she experienced - calls from residents during the night; Selectman D'Onofrio said he thinks Mansfield supports business, but in this instance APR is wrong because they are creating a public safety hazard with trucks, fumes and noise. He wants to see the problem straightened out to the residents' satisfaction, not APR satisfaction. Selectman Dunn said this regulation does not address all the issues, but it is one small step. Attorney Perkoski said they are more than willing to meet with the Board and a committee from the residents at any time; Selectman Levine felt this was an excellent idea and wished to pursue it. Chairman Wills then summed up the hearing, and suggested that those affected by this regulation take it very seriously. He said: We have learned that we have a public safety hazard on Central Street; We have diesel engines idling in violation of the law; We have learned you are willing to hire police details to patrol your own employees; We have learned you may have an alternative form of transportation, on the railroad; We have learned that your third shift is a skeleton shift and not a major part of your business, nor would its reduction or elimination be of substantial harm to your business; It appears from what I have learned tonight, that a regulation limiting truck traffic on Central Street would be very beneficial to the town and would not be very harmful to your business; It also appears that thil; town has got to do a better job of enforcement of some laws, such as idling and speeding, which I am sure it is going to do. The only other suggestion is, knowing that you are going to have to live with these restrictions so these people can live, that you start doing it. * MOTION: To close the hearing. McNair /D'Onofrio VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 5 * MOTION: I move that in accordance with Chapter 40, Section 22 and Chapter 85, Section 2 of the Mass. General Laws, that we regulate the hours with regard to vehicular traffic on Central Street, and the regulation should be: "No person shall operate a motor vehicle whose gross weight is more than 10,000 pounds and which is registered for commercial use on Central Street in the Town of Mansfield between Route 106 and the New York, New Haven and Hartford Railroad tracts, between the hours of 10 P.M. and 7 A.M." Dunn /Levine The Chairman asked if there was any motion for a public hearing for any other section of Central Street at this time. The consensus of the Board was that it would need another hearing for other sections of the street. The Chairman then stated that this Board considers the traffic problem on all of Central Street to be an issue here, and the only reason it is consid- ering this part of Central Street is a technicality, because it was the only part covered by the Notice of Public Hearing. He advised the public that it was important for them to know that adoption of this regulation by the Board does not indicate the Board has the force of law unless, or until, it is approved by the Mass. Department of Public Works, which could take a few months. VOTED: 5 -0 The Chairman said the Board will contact Attorney Perkoski to set up the meeting, as suggested, and the Board will be addressing the problem of sur- rounding streets, but it will require an additional public hearing. * MOTION: For a public hearing at the earliest possible date to prohibit motor vehicles with a gross weight of 5,000 pounds and which is registered for commercial use, from Central Street in the Town of Mansfield between Rt. 106 and the Mansfield Town Hall. D'Onofrio /Dunn VOTED: 5 -0 * MOTION: The Board direct the Town Manager to notify the Police Chief to pay particular attention to the public safety regulations and by -laws of the Town of Mansfield near Creeden, Central, Bella Vista, Avon Streets and contiguous streets and byways. D'Onofrio /McNair VOTED: 5 -0 7. Town Treasurer The Town Treasurer appeared before the Board to discuss financing of a Water Project II note in the amount of $275,000. The original plan BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 6 was to sell the million dollar water issue in November 1984, but the Town's financial advisors are of the opinion that to do so at this time would jeopardize the Town's credit rating because, due to the Seabrook situa- tion, all members of MMWEC have been investigated by Moody's and several communities, including Mansfield, have been put on a "watch list ". The advisors recommend financing the $275,000 with State House notes in 1984 and finance the balance of $815,000 on a 10 -year issue in the Spring of '85; the Seabrook issue should be resolved by then. There was some discus- sion. * MOTION: To authorize borrowing of $275,000 in 5 -year State House notes, and the $815,000 10 -year bonds. Dunn /D'Onofrio VOTED: 5 -0 8. Great Woods Performing Arts Center Entertainment License John Drew and Bill Krueger, of JDC Co., along with their attorney Mary O'Neil, were present. The Chairman said a draft of license covenants was forwarded to Mansfield's Town Counsel who went over them with counsel for the applicant. Members of the Board tonight have a rewritten draft from, this meeting, with penciled notes added by Jim Wills, Chairman. There was some review and discussion with only minor corrections needed and agreed to; i.e., that the Licensee be notified of either approval or disapproval of issues, and that where it says the Selectmen shall "forthwith" notify, it be changed to "within 10 days ". * MOTION: To issue a letter of commitment for an Entertainment License, with these restrictions, when the owner has the facility in place. D'Onofrio /McNair VOTED: 5 -0 * MOTION: To issue a letter of commitment for a Common Victualler License on a yearly basis, when the owner has the facility in place. D'Onofrio /McNair VOTED: 5 -0 John Drew then asked the Board if it would meet with the State, with them, to convince them of the need for access to Rt. 495 south off Rt. 140. The answer was yes, the Board will work with the developer. 9. Old Business - Town Man The Town Manager reviewed several items, as presented on his Pending Items Memo: a) The urgent need for a quorum at the Special Town Meeting Monday night; otherwise the decision will be made by the State Bureau of Accounts on the extent of the fire apparatus emergency. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 7 b) On October 11th the Town will receive proposals for contract operation for the new wastewater treatment plant. The Town Manager reviewed the steps CDM has taken in preparation of this, there are 5 companies who have taken out the specifications, and the Town's DPW will be preparing a formal proposal also. The Board was advised that a formal presenta- tion of each proposal will be scheduled for the Board. There was some discussion prompted by the Town Manager stating that at least one bid- der has expressed concern that the Town is not serious in their pursuit of contract operation. ' * MOTION: Assuming that it is feasible and cost effective that this Board would prefer contract operation rather than municipal operation. McNair /D'Onofrio Selectman Levine objected to this, asking about if the situa- tion were in reverse. Chairman Wills felt it i'sn't harmful and may be helpful in soliciting bids which would all be eval- uated totally. Selectman D'Onofrio feels it is the best way to protect the 15 million dollar investment. Motion VOTED: 3 -2 Dunn and Levine opposed c) The Town Manager had included a copy of the proposed agreement with Norton for the Wastewater Treatment Plant, with his Pending Items Memo, and reported that the Norton committee is reviewing it. Norton is also trying to encourage a greater connection in the town than just the In- dustrial Park. Selectman D'Onofrio said he believes the agreement has some very bad flaws in it which, he feels, need to be looked at. Chair- man Wills suggested that next week's meeting be a workshop on that sub- ject; it was agreed, for 8:30 P.M. d) The Town Manager's Memo also reported on the status of various Select- men requests. Selectman D'Onofrio asked that Wells and McTernan be advised,-in writing, of the status on their drainage problem on West Street. 10. Old Business - Selectmen a) Selectman D'Onofrio asked for time to respond to uncouth remarks, insin- uations and allegations made during last week's meeting and discussion of "Special Municipal Employee" status. At this point the Chairman walked out. Selectman D'Onofrio read a prepared statement. There was no rebuttal. * MOTION: To appoint John Dunn as interim Chairman. McNair /Levine VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 26, 1984 PAGE 8 b) Selectman D'Onofrio then referred back to the topic of last week's Executive Session which he had been told was inappropriate. He again stated that when there is a chance that the Town may be sued, he feels that Town Counsel should be advised and sent all pertinent informa- tion, and that the two letters sent to the employee by the department head should be given to the Board. The Town Manager restated that it was a personnel matter and it was handled as a personnel matter, and there was a meeting last Friday. Selectman D'Onofrio said he had dis- cussed the issue with his own counsel who said that when the attorney for the litigant sent copies of his letters to the Board of Selectmen, it is no longer a personnel matter. MOTION: To refer this matter to Town Counsel. Dunn /Levine FAILED: 2 -2 D'Onofrio and McNair opposed MOTION: To send to Town Counsel the two letters received, by the Board, concerning possible litigation and the resulting law- suit causing a possible s.uit against the Town of Mansfield. D'Onofrio /McNair Selectman D'Onofrio claimed he asked for these two letters to be sent to Town Counsel in Executive Session last week. The Town Manager said the whole matter is being reviewed by a labor attorney who represents the Town, who would deal with litigation and suing the Town. Selectman D'Onofrio said the context is that the Town Counsel needs to be informed. Select- man Dunn said he would also like Town Counsel's opinion on whether or not he should be involved in the matter. VOTED: 3 -1 Levine opposed 11. Adjournment MOTION: To adjourn at 10:45 P.M. Levine /McNair VOTED: 4 -0 MINUTES APPROVED: lczV Clerk Date signed