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HomeMy WebLinkAboutBOS MINUTES 11-28-1984BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PRESENT: Chairman Wills, Selectmen Dunn, D'Onofrio, McNair; Town Manager Selectman Levine arrived at 7:35 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of November 14, 1984 MOTION: To approve the Minutes of November 14, 1984. McNair /Dunn VOTED: 3 -0 D'Onofrio abstained 3. Warrants MOTION: To approve Warrant #22 in the amount of $810,938.35, dated Novem- ber 20, 1984, broken down as follows: General Fund - $583,933.35 Special Revenue - 1,616.00 Motor Pool - 163.18 Sewer Enterprise - 187,060.86 4later Enterprise - 4,842.83 Electric Enterprise - 33,322.13 Dunn /D'Onofrio VOTED: 3 -0 McNair abstained MOTION: To approve Warrant #23 in the amount of $887,404.24, dated Novem- ber 28, 1984, broken down as follows: General Fund - Revenue Sharing - School Lunch - Special Revenue - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise - 4. Licenses and Permits $770,721.54 16,897.08 20,164.44 10,467.92 336.70 7,659.15 25,705.95 35,451.46 a) Application to increase fuel storage at 54 Chauncy Street ARCO station; submitted by Ayoub Engineering, Inc. of Pawtucket, RI. MOTION: To set the hearing date as early as possible. D'Onofrio /Dunn VOTED: 4 -0 Levine out of room b) Sunday Entertainment License renewal application for a juke box at Geno's Restaurant and Lounge. MOTION: To approve Geno's Sunday Entertainment License Levine /D'Onofrio VOTED: 4 -0 McNair abstained BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PAGE 2 c) Petition #84 -5 of New England Telephone for placement of 1 support pole on Winter Street; this requires a hearing and notice to abutters. * MOTION: To set a hearing date as soon as possible for the hearing D'Onofrio /Dunn VOTED: 5 -0 d) MOTIONS were made to approve the following Liquor License Renewals: Wines & Malt - Restaurant - Set Point, Inc., d /b /a TENNIS 95 McNair /D'Onofrio VOTED: 5 -0 - ROSCOE'S CAFE (subject to payment of fee) McNair /D'Onofrio VOTED: 5 -0 Wines & Malt - Package Store - BRISTOL PACKAGE STORE - OLD COUNTRY STORE - THE STORE - WEST MANSFIELD VARIETY - DiMONTE'S VARIETY STORE (subject to payment of fee) All Alcoholic - Restaurant - MANSFIELD HOUSE, INC. - WILLOWDALE GOLF COURSE, INC - JIMMY'S PUB McNair /Levine McNair /Levine McNair /Levine McNair /D'Onofrio McNair /Levine VOTED: 5 -0 VOTED: 5 -0 VOTED: 5 -0 VOTED: 5 -0 VOTED: 5 -0 McNair /Levine VOTED: 5 -0 Levine /D'Onofrio VOTED: 4 -0 McNair abstained Levine /McNair VOTED: 5 -0 * MOTION: To reconsider; there is a request from the Police Chief for a public hearing for Jimmy's Pub, so would like to table for a week or so, the Chairman suggested. Dunn /Levine Short discussion followed; Selectman Levine felt it was a matter of no guilt until so proven. The Town Manager re- minded them that action on the license must be taken by Dec- ember 15th. VOTED: 1 -4 Wills for; Dunn, D'Onofrio, McNair, Levine opposed - CHRISTOPHER'S RESTAURANT - HIDDEN COUNTRY, INC. - OLD COLONY DINER - CHENG -DU RESTAURANT - REGENT CAFE, INC. of Mansfield (subject to payment of fee) - GENO'S RESTAURANT & LOUNGE (sub- ject to payment of fee) McNair /Levine VOTED: 5 -0 McNair /D'Onofrio VOTED: 5 -0 McNair /D'Onofrio VOTED: 5 -0 McNair /Levine VOTED: 5 -0 D'Onofrio /Levine VOTED: 4 -0 McNair abstained D'Onofrio /Levine VOTED: 4 -0 McNair abstained BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PAGE 3 All Alcoholic - Package Store - CATALANO'S OF MANSFIELD, INC. - DUB'S DISCOUNT LIQUORS - SHERMAN CENTRAL LIQUORS, INC., d /b /a MANSFIELD CENTRAL LIQUORS, INC. All Alcoholic - Innholder - QUALITY INN OF MANSFIELD All Alcoholic - Club - VFW POST #3264, INC. - AMERICAN LEGION POST #198 Public Hearing Hidden Country, Inc. McNair /Levine VOTED: 5 -0 McNair /D'Onofrio VOTED: 5 -0 McNair /D'Onofrio VOTED: 5 -0 McNair /D'Onofrio VOTED: 5 -0 Levine /D'Onofrio VOTED: 4 -0 McNair abstained D'Onofrio /McNair VOTED: 5 -0 The Chairman opened the hearing at 8:00 P.M. and the Clerk read the Notice of Public Hearing, the letter to Gilbert Stuart advising him of the hear- ing, and then the complaint by Sgt. R. Martin. The Chairman asked Police Chief Earls for his report and recommendation. Chief Earls said since the restaurant has been managed by Wendy Goyea there have been no real problems, particularly that the neighbors are no longer complaining about noise. He said the Manager had been very cooperative the night of the complaint; he cited the law, then recommended a one -day suspension. Attorney Richard Rook, representing Wendy Goyea, explained the circumstances of that evening, say- ing the regular doorman had called in sick, so two substitutes were hired for the evening. He also advised the Board that a.letter had been sent to each violator informing them they would not be welcome in the establishment again. The two doormen were fired. Wendy Goyea told the Board of an Alco- hol Awareness program she has established, and she hopes other businesses in town will attend. The hearing was closed at 8:14 P.M. MOTION: For a one -day suspension only. Levine /Dunn Selectman Levine then explained her reason for supporting the sus- pension, at the same time asking the Police Chief what, if any- thing, the violators will have to face (they will have to go to court, but probably will receive only a warning). It was the con- sensus of the Board that the law should be supported, though Select- man D'Onofrio felt it a little too stringent. It was also felt that the Police Chief should be supported. Gilbert Stuart, owner, requested that the suspension be prior to January 1, 1985, so they can start the new year with a clean slate and advised the Board that they will be closed December 10th and 25th. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PAGE 4 AMENDMENT To Motion: To make the suspension for Wednesday, December 5th. Levine /Dunn VOTED: 2 -3 D'Onofrio, McNair and Wills opposed AMENDMENT To Motion: To make the suspension for Tuesday, Decem- ber 4th. Levine /Dunn VOTED: 3 -2 D'Onofrio & McNair opposed 6. Correspondence a) Letter from Array Corps of Engineers re: Inspection report on Wastewater Treatment Plant. b) Memo from Police Chief requesting a public hearing for alcoholic bever- age complaint at Jimmy's Pub. * MOTION: To set it up as soon as possible. Levine /Dunn VOTED: 5 -0 c) Copy of letter from DEQE to Board of Health re: Drinking Water Regula- tions. d) Letter from Secretary of State re: 1985 annual census. e) Letter from MMA re: H -6262 bill. f) Letter from Cable Vision re: Addition of new sports channel NESN. g) Letter from DEQE authorizing Town to advertise bid for West Street /Spring Street Interceptor. The Chairman said he felt congratulations are in order for pulling this off, to Camp Dresser & McKee, the Town Manager and the DPW Director. h) Letter from MMA re: Suit against Johns - Manville and a conference MMA is sponsoring on November 29th at the State House, entitled "Asbestos in Public Buildings ". i) Letter from District Highway Engineer, Mass. DPW, re: Copeland Drive /Rt. 106 traffic signals. j) Copy of letter from the Planning Board to the Building Inspector re: Removal of earthern material on property owned by Steven Benoit on Elm Street. Q Letter /petition from Frederick J. Goguen, 321 School Street re: Street lights. 1) Letter from Town of Foxboro re: Intermunicipal Agreement for WWTP. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PAGE 5 m) Letter from Executive Dept. re: Declarations of Emergency. n) Memo from Town Manager to Department Heads re: Holidays scheduling. o) Letter from Board of Assessors re: Reappointment of Al Turinese. This led to discussion concerning how to handle a reappointment which the Board perhaps does not wish to make, referring to the comment of George Wojtkiewicz a few weeks back during the "brainstorming" session with boards and committees. The Chairman then asked the secretary to put together a list of all appointments which will be expiring next month; then members of the Board may indicate their feelings, if they so desire, prior to the date of appointments (Dec. 20th). p) Letter from Representative Vernon re: Education reform proposals. q) Notification of 5 hearings by DPU for: Mass. Municipal Wholesale Elec- tric Co.; Nationwide Cellular Service, Inc.; Cellular Mobile Service; Continental Cellular Corp.; Allnet Communication Services, Inc. r) Copy of letter from Town Counsel to Town Manager re: Fund raising at ( Veterans' organizations. This prompted some discussion; the consensus of the Board was for the Chairman to send a letter to the Amarican Legion - indicating approval for one band function, for the Board to see. how it goes. Selectman D'Onofrio suggested admonishing them that they must abide by the law, which means all guests must sign the Guest Book. s) Copy of letter from Town Counsel to the Airport Commission re: Proposed glider regulations. t) Letter from the Planning Board re: Proposed 5 -year planning committee. Some discussion followed; Selectman Dunn was asked to again describe the function of such a committee; i.e. To bring together information from major capital projects and impact of the need for expanding servicesthrough the financial process of budgeting over a five year period. Chairman Wills suggested a motion to form such a committee which, as suggested previously, would consist of 1 Selectman, 1 School Committee member, 1 Financial Committee member, and either the School Superintendent or his designee, and the Town Manager or his designee. * MOTION: That such a committee be established. Levine /Dunn VOTED: 5 -0 Selectman D'Onofrio expressed concern for the impact of the H -6262 bill on a five year planning effort; it could be futile. * MOTION: To appoint whoever came up with the idea for the 5 -year plan as the Selectman member of the committee; i.e. John Dunn. BOARD OF SELECTMEN MINUTES OF MEETING ( NOVEMBER 28, 1984 PAGE 6. D'Onofrio /Levine VOTED: 4 -0 Dunn abstained, but said he would very much like to be on that committee. The Chairman then asked for a motion concerning the Master Plan and ap- parent problems the Planning Board feels there are. SelectmanD'Onofrio said he feels there is a communication problem with the Planning Board. Selectman Dunn said he would contact the Planning Board, and suggested it would be best to sit down with the Planning Board to discuss their concerns. The Town Manager was then asked to set this up in early Janu- ary. It was felt the Board of Selectmen certainly supports completion of the Master Plan, subject to funds to do it. u) Memorandums from the Police Chief re: Liquor disturbances and radar cita- tions for the weeks of Nov. 14 through 27, 1984. 7. Old Business - Town Manager a) Each Board member had been given copies of a letter from the Foxboro Board of Selectmen and the one from the Mansfield Board to Foxboro, con- cerning the Intermunicipal Agreement. The Town Manager zeroed in on Item 4 of the Foxboro letter, covering connections in the future, which he felt needed further discussion with Foxboro. Foxboro wants to nego- tiate future needs as they are needed; Mansfield wants this built into the initial agreement. One point stressed by the Town Manager was that the Cannon Forge development may come in under the critical needs other- wise. After discussion the consensus of the Board was for the Town Man- ager to negotiate a meeting with the Foxboro Board of Selectmen as soon as possible. The Town Manager was asked to have the DPW Director vali- date the Foxboro figure of 250,000 gpd. b) The second item the Town Manager had listed was the 5 -year planning com- mittee, which had already been discussed. However, the Board asked the Town Manager to compose a letter to the Finance Committee asking them to appoint a member of their committee. c) The third item for discussion was the Priorities Workshop. The Town Man - ager suggested determining which issues are of greater importance to the Board. Working from the list compiled at the "brainstorming" session, see if all important projects are listed (Step 1), then place them in order of priority (Step 2), and then come back with method to achieve them (Step 3). Selectman McNair listed 4 items he feels need to be completed: Telemetry, lime injection system, the downtown area, and the sewer connection agree- ment with Foxboro. Selectman Dunn listed: Master Plan update; expan- sion and maintenance of sewer collection system with aggressive infil- tration program, and a sanitary landfill area. Chairman Wills asked the BOARD OF SELECTMEN MINUTES OF MEETING r,. NOVEMBER 28, 1984 PAGE 7 Board to consider problems for which they don't have a plan of attack; i.e., solid waste disposal; funding for future pension liability; major street reconstruction (areas of traffic bottlenecks, etc.) and improve- ment. Also major capital improvements, such as: Public safety building, handicap improvements; library. Discussion then switched to plans that are not working well: Sewer; money and personnel time limits; lime injection (for this the Town Man- ager was asked to get an estimated completion date of the entire system a time frame); space within the Town Nall. Selectman Dunn suggested a listing of the order of projects with plan and completion schedule, as well as funding; definition of what we want to accomplish; action plan for each issue. The Chairman asked the Town Manager to outline the pro- gram as suggested; the Board will then edit, change, etc. Old Business - Selectmen a) The Chairman reported on the Wastewater Treatment Plant Contract Opera- tion Committee, outlining that Camp Dresser & McKee had drawn up require- ments for proposals; at the committee's first meeting they reviewed the four proposals received; and at the second meeting they interviewed each of the four firms' representatives. At the next meeting, December 3rd, they hope to make a decision on a recommendation to the Board. b) Chairman Wills then asked if there was another Board member who would like to become the County Advisory Board representative; no one volun- teered. c) Selectman D'Onofrio suggested that members of the Board should have a means of being advised when there is a change in personnel within the town; some discussion followed. d) Selectman D'Onofrio then referred to the letter from Margot Jellinek in which she referred to a contract given without a bid; he felt this was addressed to the Board of Selectmen and should be answered. There was some discussion, ending with the consensus that it was not necessary to follow through; Selectman D'Onofrio said he would do it himself. 9) New Business a) Selectman McNair reported that he had received a call about a sunken hole in front of 66 Draper Ave. The Town Manager will check into this. 10. Adjournment MOTION: To go into Executive Session to discuss collective bargaining, and to come out only to adjourn. D'Onofrio /Levine VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 28, 1984 PAGE 8 MINUTES APPROVED: -aWrk /�l lf- Date signed