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HomeMy WebLinkAboutBOS MINUTES 10-31-1984NOV - 81984 BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PRESENT: Chairman Wills, Selectmen Dunn, D'Onofrio, McNair; Town Manager; Selectman Levine arrived at 7:45 P.M. 1. The meeting was called to order at 7:30 P.M., and the Flag was saluted. 2. Minutes of October 24, 1984 * MOTION: To approve the Minutes of October 24, 1984. McNair /Dunn Selectman McNair inquired about disposition of the petition pre- sented by Bruce Willox and David Grant (Item 6); he was told it has been placed in a file for the next Town Meeting. VOTED: 3 -0 D'Onofrio abstained 3. Warrant #19 * MOTION: To approve Warrant #19 in the amount of $2,760,497.15, dated October 31, 1984, broken down as follows: General Fund $ 617,737.37 ( Revenue Sharing - 5,850.00 School Lunch Salaries - 21,395.83 Special Revenue - 16,452.47 Motor Pool - 285.62 Sewer Enterprise - 2,036,764.26 Water Enterprise - 12,167.43 Electric Enterprise - 49,844.17 McNair /Dunn VOTED: 4 -0 4. Licenses and Permits a) The Happy China, Inc. Common Victualler License was signed. b) Sewer Connection Permit Application for Esther DeLong, 465 S. Main St.; an existing residence with a septic problem. * MOTION: To approve the Sewer Connection Permit for Esther DeLong. McNair /Dunn VOTED: 4 -0 c) Petition #84 -4 of New England Telephone Co. and Mansfield Municipal Electric Co. for relocation of 1 pole on Maple Street. * MOTION: To approve the relocation of 1 pole on Maple Street. McNair /Dunn VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PAGE 2 d) Petition #84 -3 of New England Telephone Co. and Mansfield Municipal Electric Co. for removal of 1 pole on Ware Street. * MOTION: To approve the removal of 1 pole on Ware Street. McNair /Dunn VOTED: 4 -0 e) Request from Town Clerk to approve election workers for the November 6th Presidential Election. * MOTION: To approve the list of Presidential Election workers as pre- sented by the Town Clerk. McNair /Dunn VOTED: 4 -0 5. Correspondence a) Zoning Board of Appeals decisions re: Variance for Peter DeTrolio for relief of zoning by -law to waive frontage requirements on land on Elm Street in West Mansfield; and Barry Callahan to construct an addition to a dwelling on Brown Avenue, with a non - conforming side yard. b) Petition for rezoning for land on West Street from its present classi- fication of Residence A to a classification of Special Business. c) Notification from Dept. of Revenue re: Public reception in Gardner Audi- torium, State House, Nov. 14th at 9:30 A.M., in recognition of accom- plishments of Boards of Assessors who have worked to attain a full and fair cash evaluation of property in the Commonwealth. d) Letter from the Executive Office of Communities & Development advising the Town of the renewal notice of the CARD plan. e) Copy of letter from Executive Office of Communities & Development to the Mansfield Housing Authority re: Award of $445,594 in modernization grant funds. The Board asked the Town Manager to ascertain how this money will be used. f) Letter from the U.S. Environmental Protection Agency re: Approval of the amendment to Contract No. 6, West Street - Spring Street Interceptor. g) Letter from Dept. of Revenue re: Summary of the Commonwealth Data Bank for Mansfield. h) Notice from Dept. of Public Utilities of hearing for AT & T Communica- tions of New England, Inc., Dec. 17th, 10 A.M. �, i) Memo from Police Chief re: Liquor disturbances and radar citations. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PAGE 3 American Legion The Reverend David L. Blessinger came before the Board to ask if they may have a band, possibly a rock band, two.or three times, between the hours of 6:00 and 10:00 P.M. He explained that it is a season when the neighbors windows are now closed and they have chosen these hours so that there will be no late -night disturbances. He said they were informing the Board be- cause they did not want to have a repeat of their meeting with the Board last May 23rd. He has spoken with the Police Chief; they will hire 3 police- men, one to be in the parking lot, one at the door and one inside; every- one admitted would have to be 20 years of age or older. When asked if he had talked with the neighbors, his answer was that they had all been in- vited to their installation ceremony and meeting which followed but, no, this particular issue had not been mentioned. Discussion followed in which entertainment under a Club License was ques- tioned, whether an Entertainment License was needed; Rev. Blessinger did not feel it was because the tickets would read "Donation ", not Fee. Chair- man Wills voiced the concern - Does the Board have the right to allow an organization under a Club License to do this? He then suggested a motion that the Board resolves it will not revoke the Club License if the club brings the public in for a fund raiser; or that the Board's advice to the Post Commander is that it does not want to see it happen until the Board hears from the neighbors. MOTION: To seek Town Counsel's opinion on the legality of this, and that it be received prior to next week's meeting. D'Onofrio /McNair VOTED: 3 -2 The Chairman closed the meeting with strong advice to Rev. Blessinger that they notify the neighbors and ascertain their feelings. Public Hearing - Truck Traffic on Central Street The Hearing was opened at 8:00 P.M., and the Clerk read the Notice, after which it was suggested that it should read "... through traffic ". The Chair- man asked the Town Manager to give the background on this, as presented in his October 31st Memo, as attached. The Board members were then given the opportunity for comment; Selectmen McNair, Levine and Wills voiced support; Selectman Dunn felt it could be a little more definitive than just "no through trucks ". The hearing was then opened to the public. Roy Baltzell of 259 Central Street referred to the SRPEDD letter, of October 24, 1984, which offered possible solutions to this problem. One such solution was to close off Central Street entirely along the entire north line of Chauncy Street at the Central Street opening. Mr. Baltzell wondered if it wouldn't make more sense to close it at the other end. He also asked how long it might take to receive approval from the State DPW; he was told that cannot be de- BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PAGE 4 termined. Mr. James Beatty, 324 Central Street, of Beatty Trucking voiced strong concern that the suggested regulation was going to hurt his busi- ness; he was assured that this was not true. Another resident from the area expressed regret that there were not more residents present, but be- cause it was Haloween night, it was too difficult. Selectman D'Onofrio then advised Mr. Beatty that he understood his concern, but that the proposed regulation would not affect his business. He went on to say he also understands and empathizes with the residents complaints, and his first concern is public safety. He stated he certainly hoped that the area would be properly signed. * MOTION: To close the hearing. Dunn /McNair VOTED: 5 -0 * MOTION: The proposed regulation to read: "No through trucking of a motor vehicle whose gross weight is 10,000 pounds, or more; and is registered for commercial use, on Central Street in the Town of Mansfield between Route 106 and the Foxborough town line. D'Onofrio /Levine VOTED: 5 -0 Mr. Beatty was assured that his business & Cataloni's garage would be excluded. J. Bruoliera Construction Co. Joseph Brugliera and his engineer, James Dunn of Dunn Engineering Co., Inc., had been requested to appear before the Board to discuss in some detail their plans for installing approximately 2,000 feet of drain line in Essex Street and Ware Street, to serve a 10 -lot subdivision located on Essex Street. The Town Manager gave a brief review of the information contained in his October 31, 1984 Memo, as attached. This is a unique problem because it is private construction within a public right -of -way. The Conservation Commission requires more information and a hearing still. The intersection may be closed for a week or so during the construction; it is not likely to be before next Spring. The DPW Director, Joe Zeneski, was present and ad- vised the Board that the intention was just to allow the Board to know this is going to be done; there is no vote, or approval, needed. The Board was told Mr. Brugliera had attempted to secure an easement, but failed after repeated attempts. There was some discussion over whether the street should be completely resurfaced or is patching acceptable. Selectman D'Onofrio said the Board has no jurisdiction over this matter, but appreciated the opportunity to understand what is going to be done, and that the Town Manager and DPW should be allowed to proceed. MOTION: To veto this whole thing. Wills /McNair Not voted. BOARD OF SELECTMEN MINUTES OF MEETING / OCTOBER 31, 1984 PAGE 5 Chairman Wills said the neighbors in this area will get nothing for the inconvenience and the Town will get no benefit. Selectman D'Onofrio, act- ing as Chairman, ruled the motion out of order because it was not within the purview of the Board's jurisdiction. 9. Old Business - DPW Status (Cont'd) a) The Town Manager and DPW Dire, a continuation of last week's a brief update of last week's was rejected by the Chairman. and he would read the October he had any. :tor continued the review of the DPW status, discussion. Selectman D'Onofrio asked for report, because he was not present; this Selectman D'Onofrio then said to continue 19th Memo and ask questions next week, if b) The Street and Utility Maintenance was touched on; this includes mainten- ance of the street system, storm drainage and sidewalks. The personnel in this section are primarily responsible, also, for snow removal. The budget is financed 100% from the tax rate. There was some discussion of snow removal; the DPW Director advised that this winter he would be util- izing the efforts of all Public Works employees in snow removal, which is one result of the reorganization plan. c) Chapter 90 funding has a balance of $169,832, with $77,152 allocated to Fruit Street. The next major project has been thought to be Willow Street; however, Chapter 90 funding can also be used for traffic signals at certain intersections and repaving of major streets. d) Cha ter 637 Grants, for special local projects, has a.balance of $44,556, and another 44,556 will be received in January 1985. None of this has been committed; it could be utilized for 100% funding of the proposed drainage on West Street at the Wells /McTernan property and Ware Street for the Durbano property. The Town Manager advises that priorities must be set for expenditure of the money in both the Chapter accounts. e) Considerable discussion centered on utilization of Town personnel for major projects vs. routine maintenance. Over the past 12 years person- nel has worked on construction projects with the result that maintenance has suffered. The DPW Director also tried a swap arrangement of equip- ment; however, the ASCME Council 93 which represents the Mansfield DPW workers, claimed that it was an unfair labor practice and would have filed suit if it had not been stopped. The problem is, should the Town increase its personnel to handle construction, or establish the practice of contracting for such work. The Board's opinion is that maintenance should come first. The DPW Director pointed out that over the past year and one -half the department has been fine - tuning its operation, gaining information and experience. f) The Downtown Project was touched on briefly; it should be completed in the Spring of '85. The Board was advised that the final coat of pave- BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PAGE 6 ment will be put on the Winthrop Street parking lot, and the MBTA is in the process of preparing construction plans for the River Street lot, and will be under construction by Spring 1985. At this point Selectman D'Onofrio pressed for something to be done at the Winthrop Street parking lot where, he said, cars are parked any- where and everywhere, trapping some cars, etc. The DPW Director said he is going to improve the lot with lines painted, police are ticket- ing cars there, and it will have signs. MOTION: To investigate the possibility of the MBTA taking over the parking lot on Winthrop Street, but with Mansfield being com- pensated for what the Town has done to improve it. Dunn /Levine VOTED: 1 -4 All but Dunn opposed Selectman Dunn explained that the intent is not to reduce the amount of service that there is, but to have some other agency take over the responsibility for improvement and maintenance of that area, as they are doing in other areas (i.e., sell it to GATRA). The parking lot is a liability for the Town. FAILED: 2 -3 Wills, D'Onofrio, McNair opposed g) The Landfill operation was covered; it is being done in accordance with the approved plan, and testing for water quality problems will begin this Fall. There is a need to purchase replacement equipment during the next budget cycle, and the recommendation is to purchase a hard - tired loader, as opposed to a bulldozer. Leaf collection will have to be done by municipal employees, with residents encouraged to take them to a specific location at the landfill, themselves. The purpose of this is to prolong the life of the facility and to use the leaves as compost. * MOTION: To investigate contract operation of the Landfill for cost and analysis. McNair /D'Onofrio VOTED: 5 -0 * MOTION: To establish final elevation of the Landfill with a plan to show the elevation so that the Board may make future plans. Wills /Levine The intent of this motion is concern that the Town is destroy- ing that piece of land, and to force ourselves to take steps for the future, which needs to be done quickly. Selectman D'Onofrio said this requires the Lycott study which is pre- sently being done, and addition of another piece of land being considered by the Town. Concerning the elevation, the Town BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1985 PAGE 7 Manager explained that the 1973 plan is being followed at present. VOTED: 5 -0 10. DPW Reorganization (Cont'd) The DPW Director had prepared an organization chart, as requested at last week's meeting, diagraming the relationship of the requested Operations Manager - Water Supply (to replace the present Foreman) as equivalent to the Operations Manager - Wastewater for the Sewage Treatment Plant. He reminded the Board that this new title would remove the person holding it from the collective bargaining unit, but would not significantly increase the salary. He feels the position is warranted because of the added re- sponsibility of the entire water system, which includes the lime injection. tie contends that this proposed position should be rated at a level equal to that of the Construction Engineer and Wastewater Treatment Plant Super- visor (which is to be changed to Operations Manager - Wastewater). Selectman McNair expressed concern that removing this person from the union would escalate his salary. Brief discussion followed. * MOTION: To institute the position of Operations Manager - Water Supply. Dunn /Levine VOTED: 3 -2 D'Onofrio, McNair opposed 11. Wastewater Treatment Plant Vehicles The Town Manager asked for the Board's vote concerning the 14WTP vehicles award, as presented last week, after which the Board requested a week for time to compare the specifications to the bids. * MOTION: To accept the bid from Mack Trucks, Inc. for two 10 -wheel dump trucks for the bid price of $172,855. Levine /Dunn VOTED: 3 -0 D'Onofrio, McNair abstained * MOTION: To accept the bid from Schmidt Equipment, Inc. for 1 crawler loader and one front -end loader, for the bid prices of $92,330 and $55,511, respectively. Levine /Dunn VOTED: 3 -0 D'Onofrio, McNair abstained These votes are required, and must be approved by the EPA, because there i:s Federal and State funding as part of the WWTP project. 12. Foxboro WWTP Connection The Town Manager reviewed his Memo covering the October 29th sewer negoti- ating committee meeting with Town of Foxboro, for discussion of their Oct- BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 31, 1984 PAGE 8 ober 11th proposal for a connection agreement. Attached was a drafted re- sponse for vote by the Board. He cautioned that discussion should be cen- tered on the concept of the agreement as opposed to individual items. There were a few suggested changes, mostly wording. The Town Manager ad- vised forwarding the revised draft to Foxboro, for their response. Chair- man Wills expressed appreciation to Selectman D'Onofrio and McNair, as well as the Town Manager and DPW Director, for their efforts and time on this project * MOTION: This Board accept this and have it sent to the Foxboro Board. Levine /Dunn VOTED: 5 -0 13. Old Business a) Selectman Dunn asked whose responsibility it is concerning safety for cars and pedestrians during construction, directing his concern primar- ily to the present downtown work; the answer - the DPW Director. b) Selectman McNair asked the Town Manager if the Jackson /Gonslaves prop- erty situation had been turned over to the ConserJation.Commission yet;. the answer - No. c) Selectman McNair asked if there was any answer concerning the change of traffic signal operation at Rt. 106 and Copeland Drive; the answer - Not yet. d) Selectman McNair expressed concern for a big dip at the intersection of West and Williams Streets; the Town Manager will pursue this. e) Chairman Wills reminded the Board of the Priorities Workshop scheduled for Saturday, November 3rd. He was advised that Selectman D'Onofrio and McNair will not be able to attend. * MOTION: To reschedule the Priorities Workshop for Wednesday, November 14, 1984, 8:30 P.M. McNair /D'Onofrio VOTED: 5 -0 14. Adjournment * MOTION: To adjourn, at 11:10 P.M. McNair /Levine VOTED: 5 -0 MINUTES PROVED c"J c ei^ Date signed TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 TOWN MANAGER'S OFFICE MEMORANDUM TO: Board of S n DATE: October 31, 1984 FROM: W. Chadw1 k M Jr. RE: Central S re t On October 31, 1984 at 8:Oty.m. the Board of Selectmen will hold a public hearing regarding the elimination of truck traffic (trucks in excess of 10,000 lbs.) on Central Street between Route 106 and the Foxboro town line. The reason for the hearing is based upon the fact that since Route 140 was relocated; truck traffic on "old" Central St. has increased. This is primarily due to the fact that, in order to avoid the traffic lights at the intersections of new and old Routes 140 and Route 106, the truck traffic will turn northerly into Central Street from Route 106, travel into Foxboro, then cut through the Foxfield Plaza and enter on the relo- cated 140 in Foxboro. This truck traffic has caused annoyance to a resi- dential street which was not designed to handle the volume of truck traffic that it currently receives. One of the purposes of relocating Route 140 in Mansfield was to alleviate traffic on the local street system. In most instances, particularly with passenger vehicles, this new road works well. However, due to the apparent tnconven fence to truck traffic of having to travel through at least three traffic signals, the truckers have chosen to utilize the Central St, option. Mass. General Laws provide that if a community is to restrict truck traffic on a specific street, then they have to provide alternative routes that are reasonable and accessible. In Mansfield, two such alternative truck routes exist; the first being the former- Route 140 known as Copeland Drive, and the Second being relocated Route 140. By restricting truck traffic on Central $t., the residents of the street will once again enjoy the character of their street as it existed prior to the construction of relocated Route 140. It is apparent that use of Central St. by heavy truck traffit is an unintended con- sequence of the design engineering for the relocated Route 140, and the Commonwealth should assist the Town of Mansfield in solving the situation by approving the town's petition eliminating the heavy truck traffic on Central St. WGM:mc M E M 0 R API D U TO: Board f FROM: Chad M urei DATE: October 31 RE: Pending I TOWN OF MANSFIELD, MASSACHUSETTS Manager 50 West Street, Mansfield, MA 02048 1) Street Construction, Essex Street & Ware Street - J. Brugliera Construc- tion Co. will be meeting with the Board this evening to outline plans for installing approximately 2,000 feet of drain line in Essex Street and Ware Street. The purpose of this installation will be to serve a 10 lot sub- division located on Essex Street. The subdivision has been approved by the Planning Board and the drainage plan is in the process of being re- viewed by the Conservation Commission. Mr. Brugliera is meeting with the Board, with his engineer, to explain his intentions in this process. The pipe is designed to handle the storm water from his proposed subidivision and the Public Works Department has required that provisions be made in each of the manholes for future con- nection of catch basins. It should be noted that as of this date the Town has not received compalints of street flooding problems on this section of Essex and Ware Streets. The work, as proposed, can be completed within the public right -of -way and not have an adverse effect on the right -of -way, provided the street is reconstructed and paved in accordance with standards of the DPW and the Planning Board, which would require a complete overlay of pavement over the disturbed areas. This requirement is justified be- cause the Town, within the past few years, completely resurfaced both of these streets and a permanent overlay of pavement would ensure that the installation of the pipe does not deteriorate the existing surface condi- tion of the road. The developer is in somewhat of a dilemma in going to this additional expense for 2,000 feet of drain line, in that Planning Board regulations require that a new development provide a drainage out- let for storm runoff which ensures that the water will get to an existing water course or wetland. As an alternative to the current proposal, the developer had proposed to install a leaching system in the property where all storm water would then percolate into the ground. This is an accept- able alternative in certain communities where soil conditions warrant it; however, the U.S. Soil Conservation Service and the DPW Director did not recommend it in this instance, and the Planning Board did not approve this adjustment. In addition to requiring the developer to bond the required improvements within the subdivision; the Planning Board is also requiring the developer to place a Performance Bond to cover all the work in Ware and Essex Streets.