Loading...
HomeMy WebLinkAboutBOS MINUTES 7-14-1988ih BOARD OF SELECTMEN MINUTES OF MEETING JUL JULY 14, 1988 PRESENT: Chairman Harrington; Selectmen Dunn, Markt; own Manager Selectman Markt arrived at 7:37 P.M. The Meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Question & Answer Period Peter DeTrolio said he would like the Board of Selectmen to be able to pro- hibit such comedians as Sam Kinison, because of his vulgar language. Bruce Montgomery, Manager at Great Woods, was present and said he received a call from Peter DeTrolio after the show was over. Selectman Dunn, laison for the Board, said the report he got back was the noise was not audible.. Bruce said he had people out monitoring and the decibles were not measurable. Peter felt the police should be able to stop somebody who is using profanity. Bruce said only pavilion seats were used, no lawn seats, and the Big E Mobile Park did not complain. Bruce read a letter from former Selectman Mahana of Oak Street, stating he heard nothing from that performance. Selectman Tartu - fo advised he thinks Peter DeTrolio's concern is the quality of the perform- ance rather than the noise. 3. GATRA The Town Manager recapped the June 29, 1988 meeting concerning parking areas and GATRA's proposed increase of available spaces, but without paving. The Town Manager said he feels GATRA is really acting on behalf of the Town. He said he has located a lease; in answer to the question is GATRA required to follow zoning regulations of the town, the answer is No, but it can be sub- ject to reasonable requirements. Francis Gay of GATRA and Charles Repetta of SRPEDD were present. Francis Gay spoke of their plan to pave the aisles, the traveled ways, of the sub- ject lot and advised that there is a wooded area which could be filled and used as a drainage area. Francis Gay said they would try to have the cut made into the Cleveland Twist Drill lot paved. He said they cannot do any- thing to the Town lot if the Board wants to designate it as "Resident Only" parking. The Town Manager pointed out that the lot being considered for residents is not adequate to cover all Mansfield commuters which would present an ad- ditional problem, as well as policing of it, etc. Selectman Dunn said he wants to see some parking for residents even though there is not enough room for all town residents. He also does not want to see more spaces provided to create more dust and traffic; Selectman Markt said he agrees. It was suggested that resident cars could have a sticker and any without a sticker could be towed. It was restated that the Town should retain the option to control its own property (the one that will accommodate 77 cars). The Town will give GATRA access to the other property through the Town - owned lot and GATRA will pave that access. The Town Manager said the 1981 lease he found is on a year -to -year basis and mentions revenue, but what is meant is not clear. Francis Gay suggested that he and Tom explore that issue. BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 2 * MOTION: To support the plan, but to exclude any areas of the Town -owned land in such a way that it does not limit the Town's ability to supply parking for residents. Dunn /Tartufo VOTED: 4 -0 4. Water Department /Black Water Chairman Harrington opened by briefly reviewing the black water problem in East Mansfield which occurred over the July 4th weekend. He then turned the meeting over to the Town Manager to report on his findings. Tom said the "murkiness" was caused by the filling of a subdivision (Echo Hills) line in East Mansfield which caused a mini - flushing condition which, in turn disturbs manganese which clings to pipes. The stivation was finally corrected on Sunday when personnel opened some fire hydrants and cleared the system. Selectman Dunn said the area has been bothered by this problem over a long period, off and on, and he is disturbed that the "stuff" is there at all. He asked if lime injection has anything to do with it because something is happening now that did not before (4 -5 years ago). He said he feels some- thing must be done to prevent it from happening; he does not feel comfort- able where we are and we should find out what the cause is and correct it. Selectman Markt said he found it frustrating that no Town employee could be found to address the problem until Sunday. Chairman Harrington said people wanted to know where they could go to get drinking water at least; Tom advised the fire stations. He also said they were aware of the prob- lem Friday but did not know what was causing it. Chairman Harrington said he had called Tom Tuesday morning and asked him to contact the Town water consultants, Anderson & Nichols, which Tom did. The meeting was then open to people in the audience. Susan Donovan, Ware Street resident, said she has lived there three years and the dirty water has only gotten worse and for longer periods of time. She asked if Essex and the other end of Ware Street were flushed in the Spring. Diane Owens, Ware Street, asked if the Town would pay for them to go to a motel under such circumstances, they can't live without water. John Brunelli of Mill Street, asked if anybody had plotted the affected area; he thought the Water Department should do that. He went on to com- mend the two DPW personnel who went out on Sunday to fix the problem. Tom said they do know which houses were and were not affected, and the consul- tants will try to determine how to get rid of the manganese. Carol Dunn, East Street resident, asked that the Town officials find the cause and how to handle it if it happens again; also, could the residents be notified of a potential recurrence. She said we want action in the form of plans. Chairman Harrington asked Tom if it is possible to test the pipes in the affected areas, and said he wants a comprehensive report from Anderson - Nichols with recommendations as to how to eliminate the problem. Tom BOARD OF SELECTMEN MINUTES OF MEETING July 14, 1988 PAGE 3 said we can't get rid of the manganese because it comes from the main town well (Duston Well). The Chairman asked Tom to try to set up a meeting for next week for the Board and Anderson - Nichols, with as many residents pre- sent as possible. Tom said that would depend on availability of the consul- tants. Tom said the DPW Department is establishing a procedure for if and when the condition happens again. Chairman Harrington said he wants some- thing established in advance. In summary, Chairman Harrington said this has got to be one of the most ser- ious problems facing Mansfield today. It needs to be solved and, if the Board does not object, he would like to have the consultants view the tape of tonight's meeting, discuss it with Tom, then present resolutions; what are the alternatives to eliminate the problem totally? Tom said he would have an answer on the time to Chairman Harrington by next Monday. 5. Paul Folkman /Jackson Court Chairman Harrington recapped the discussion concerning Jackson Court at the June 29th meeting; i.e., a request to tear down the existing old house and replace it with two 2- family units. Paul Folkman was present. The Chair- man then turned the meeting over to the Town Manager, who had met with Paul Folkman since the previous meeting. He advised there are two things that need to be addressed. The Board of Selectmen gave approval for use of the right -of -way for parking subject to final review, which was never received. There is no agreement for use of the right -of -way, but Paul has agreed to have one drawn up. He will also meet with Town staff regarding off -site improvements. Tom said he feels there is no lack of intent on Paul's part. He suggested that the Board and Zoning Board of Appeals work together to redefine the Court Street access situation. The Chairman asked the Clerk to read Bert Cook's (Zoning Enforcement Officer) letter to Kevin McNatt answering Mr. McNatt's zoning questions. Paul Folkman asked that the Board of Selectmen communicate its position to the ZBA; Selectman Dunn asked for better communication and reports back to the Selectmen after staff discussion, the ZB A hearing, etc. Chairman Harrington summarized, does the Board avant to endorse tearing down the old house? Selectman Tartufo said he thinks the issue is putting four units in instead of three. If the Board is going to do something for Paul, a developer, what are you going to do for the town? Paul said he and Tom have discussed a gift account for something and named several uses they had talked about. Kevin McNatt then asked for Town Counsel's opinion on the material he had supplied; his main concern being the "public right -of -way" and the Town altering it. He claimed it should require a Town Meeting vote before the Town can permit a use of it. �. The Chairman asked for the Board's opinion on tearing the house down. Sel- ectman Dunn said he is opposed, especially to putting one more unit in and new construction. BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 4 MOTION: Not to endorse the request to tear down the old house and increase the number of units from three to four. Tartufo /Dunn' :: VOTED: 4 -0 The second issue for consideration is the curb cut between Court Street and Park Street. Selectman Dunn said he wants to see the final plan first. If it is opened, then it will be considered a throughway, if it is not opened it would be considered an exclusive parking area. It was suggested that it could be posted for "Public Parking ". Consensus of the Board was that it still has concerns over the curb cut and wishes to review the final plan and receive Town Counsel's opinion. The Town Manager was asked to convey this information to the Zoning Board of Appeals with the Board's request to reserve the right to discuss this further. At this point Kevin McNatt presented a petition requesting restoration of traffic barriers on the right -of -way where it intersects Court Street, signed by 51 residents of the area. Arthur Hayes, North Main Street, said he was interested in preventing through traffic also. 6. Fair Housing Committee Interviews Selectman Dunn excused himself for these interviews. The following resi- dents were present, gave a brief statement concerning their interest in serv- ing, and were asked a few questions by each member of the Board. The Chair- man explained that no appointments would be made tonight, because it was hoped more applicants could be recruited from various fields. Barbara Orlando Robert Naismith 24 Balcom Street 168 Gilbert Street (Mr.) Jean LaJoie 39 S. Main Street The Town Manager reviewed brie types of housing, impediments, committee, supervise complaint will represent a cross - section bership of 5 -9 people. SRPEDD Interview Marilyn Ouellette 149 Oakland St., Apt. 6 Fly the intent of this committee - identify unfair practices in town, policy advisory procedure, etc. It is hoped that members of the community; they are proposing a mem- Although there were two applicants, only one was able to be present; i.e., Kelli L. Baker, 12 Granada Circle. She explained she was interest in long - range planning and regional solutions to common problems. She has been Chairman of the Mansfield Master Plan Advisory Council the past two years. Kelli said she had called SRPEDD to learn a little bit about its purpose. Selectman Tartufo said he felt it is important to have an active represent- ative because a regional approach could be most beneficial. MOTION: To appoint Kelli Baker as the Board of Selectmen representative to SRPEDD. Markt /Tartuffo : VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 5 8. Minutes of June 29, 1988 * MOTION: To approve the Minutes of June 29, 1988. Tartufo /Markt VOTED: 4 -0 9. Warrants No. 56, 57, 2, 3 * MOTION: To approve Warrant No. 56 in the amount of $527,252.66, dated June 30, 1988, broken down as follows: General Fund - $160,055.71 Revenue Sharing - 2,600.00 Special Revenue - 16,972.64 Capital Projects - 34,538.20 Sewer Enterprise - 16,960.03 Water Enterprise - 9,119.87 Electric Enterprise - 287.026.21 TB,rtufo /Dunn: b VOTED: 4 -0 * MOTION: To approve Warrant No. 57 in the amount of $722,011.70, dated June 30, 1988, broken down as follows: General Fund - $159,983.24 Revenue Sharing - 3,915.92 Special Revenue - 41,872.42 Capital Projects - 532.79 Sewer Enterprise - 126,515.20 Water Enterprise - 19,020.46 Electric Enterprise - 370,171.67 Dunn /Tartufo.._s VOTED: 4 -0 * MOTION: To approve Warrant No. 2 in the amount of $360,950.78, dated July 5, 1988. DunnjTartufo_ . VOTED: 4 -0 * MOTION: To approve Warrant #3 in the amount of $574,890.23, dated July 12, 1988, broken down as follows: General Fund - $464,301.70 Special Revenue - 11,569.20 Sewer Enterprise - 5,594.46 Water Enterprise - 82,539.29 Electric Enterprise - 10,885.58 T.artdfo /DUnh .11; VOTED: 4 -0 * MOTION: To approve School Payroll check in the amount of $732.80 (for Dennis Cloutier) dated July 8, 1988. Tart'ufo /MarktU) VOTED: 4 -0 1 BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 6 I[7 11 Licenses & Permits a) Application for change of ownership for liquor license from individual to corporation for Old Colony Diner, James S. Appel, Manager to Jim's Old Colony Diner, Inc., James S. Appel, Manager. MOTION: To approve the ownership license change. 'Tartufo /Markt VOTED: 4 -0 b) Request for transfer of Hackney License from Vehicle #5 to Vehicle #9 (Vehicle #5 no longer to be used), by Paula J. Savill d /b /a Foxfield Taxi Corp. MOTION: To approve the transfer of Hackney License No. 10 -88, Foxfield Taxi Corp. Markt /TartUfoS); VOTED: 4 -0 c) Transfer Requests: - #21, Plumbing & Gas Inspector Fees, $5,066.75 Tartufo /Dunn VOTED: 4 -0 - #22, Electricl Inspector Fee, $2,100.80 MaIkt /Tartufo VOTED: 4 -0 - #23, Dog Officer Salary Acct., $637.50 Dupri(Tartufo VOTED: 4 -0 - #24, Board of Appeals Hearing activities, $376.27 Ma.rkt /Dunn VOTED: 4 -0 - #25, Board of Appeals Hearing expenses, $196.92 Markt /Tartufo VOTED: 4 -0 - #26, High St. /W. Church St. Bridges, $11,112.42 Wkt /Tartufo The Town Manager explained that on this one, VOTED: 4 -0 the State only approved 50% of the cost over- run; he is still pursuing it. Correspondence, Week: of June 16 to June 29, 1988 a) Letter to the Board from Director of Dam Safety Program, Dept. of En- vironmental Management, re: Fulton Pond Dam. b) Letter to Municipal Official from Commissioner Garvey, Mass. Dept. of Public Works, re: Proposed Financing Changes to Chapter 90 Program. c) Copy of "Preliminary Report & Recommendations" of the Special Commission on Environmental Operations, together with Public Hearing information. d) Letter from Commissioner Garvey, Mass. DPW, re: Mansfield's first two apportionments of Chapter 90 funds - $108,579. BOARD OF SELECTMEN MINUTES OF MEETING JULY L$, L( ** PAGE 7 e) Notice of four (4) Dept. of Public Utilities Public Hearings: - Yankee Microwave, Inc. - American Operator Services, Inc. - U.S. Transmission Systems, Inc. - New England Telephone Co. f) Copy of letter to Chairman of the Mansfield ZBA from Chairman Harrington re: Changes to Jackson Court. g) Letter to the Board from Patricia G. Genoa re: Attached article covering ways to raise money for municipal projects. h) Letter to John Dunn, Great Woods Coordinator for Board of Selectmen, from Bruce Montgomery, re: Neighborhood Sound Update. i) Letter from MMA re: Resignation of the Executive Director; Deputy Direc- tor, Bill Kennedy will serve as Acting Executive Director. j) Copy of letter to Commissioner Jane Garvey, Mass. DPW, from Executive Director Mary H. Morss, Bristol County Development Council, Inc., re: Cut of line item to operate the Mass. Mansfield Tourist Information Center on Rt. I -95N. k) Letter from the MMA Acting Executive Director to Local Officials re: Proposed "$50M raid" on lottery receipts "which would have been distri- buted to cities and towns in fiscal year 1989 ". 1) Two Planning Board Notice of Public Hearing. m) Letter to the Water Commissioners from John C. Tyler re: Land he owns in Norton. - This was referred to Selectman Dunn /Water Resource Committee n) Memorandum to the Board from Stephen Quinn of Planning Board re: Ad- hoc Committee for Prop. 212 Override. o) Copy of letter to Executive Director of SRPEDD from Chairman of the Planning Board re: Appointment of Michael McClanahan as Planning Board SRPEDD representative. p) Memorandum to the Board from Planning Board Chairman re: Proposed Grant for Wading River Water Protection Study. - Selectman Tartufo said he was very disturbed by this; he was asked to do a follow -up. q) Letter to the Board from Mayor of City of Worcester, MA re: Possibility of bringing suit against the Commonwealth for funding. - The Town Manager was asked to write to the Mayor to suggest a cohe- sive effort through the Mass. Municipal Assoc. BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 8 r) Letter to the Board from Chairman of the Rehoboth Board of Selectmen re: Information relating to operation by Cablevision Systems in Mansfield. s) Letter from MMA re: Three items in the Senate budget which cause concern for local government. t) Letter from MMA re: Health care legislation which the MMA has strong reason to question cities' and towns' obligation to include in provided coverage to employees. u) Letter to the Board from DEQE Director McMahan re: Three separate Fiscal Year 1989 Project Priority Lists for municipal water pollution abate- ment facilities. v) Letter to the Board from Chairman, Animal Welfare Committee, re: Update of accomplishments. w) Memorandum to the Board from Chairman of the Planning Board re: Sewer in East Mansfield. - Discussion followed with Selectman Tartufo expressing the feeling that perhaps there should be competition for the funds voted at the last two Town Meetings; one was for a sewer line to go out School Street, does it have to go that way? Selectman Dunn advised that Camp Dresser & McKee had done a study on where to take sewer lines for the least cost, with School Street recommended. x) Letter from Minority Leader, Rep. Steven D. Pierce, re: Legislative pro- posal which threatens a significant and longstanding source of State aid to cities and towns (from Lottery funds). y) Copy of letter from Town Manager to Mass. Commission Against Discrimin- ation re: Civil Rights Review. z) Copy of Master Plan Advisory Council Minutes of 6/23/88. Correspondence Week of June 30 -July 14, 1988 a) Letter from MMA re: Opposing the "Lottery raid ". b) Letter from MMA Acting Executive Director re: Worcester Mayor's letter concerning State mandates and efforts to remedy the situation. c) Letter from O'Donnel Sand & Gravel re: Composting operation. d) Letter from President, Utility Contractors Assoc. of N.E. re: House Bill H5550, a 6 -year $2.2 billion Sewer Bond Issue. e) Letter to the Board from Self Help, Inc. re: Election of representa- tive to Self Help Board of Directors. BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 9 f) Letter to the Board from Atty. Joseph Foley re: Carla's, Inc. - The Clerk read the letter (Selectman Dunn left the room for this topic). The Town Manager reported that Town Counsel is reviewing this matter, i.e., majority vs 2/3 vote and was the school legally transferred. g) Letter to the Board from Merckens Chocolate Co. re: Support of Carla Foley's proposed restaurant in town. h) Copy of letter to the Town Manager from Karen Moore, 47 Morrow Street, re: "Prompt and quality service provided by the Water Department ". i) Copy of Memorandum to Bert Cook from the Town Manager, and Bert's reply re: Applicability of Zoning Provisions to MBTA. j) Copy of letter to Kevin McNatt from the Town Manager, copy of letter to Kevin McNatt from Bert Cook, re: Jackson Court project and off - street parking. k) Copy of letter to Bert Cook from Kevin McNatt re: Violations of the Zoning By -law by Jackson Realty Trust. 1) Notice of Public Hearing by Dept. of Public Utilities re: Mobilecomm of Mass, Inc. m) Letter to the Board from DEQE Chief Engineer Taurasi re: Contract No. 1 Final Adjustment letter. n) Copy of letter to Community Antenna Television Commission Commissioner Niles from Cable Vision Assistant System Manager Clark re: Quarterly Complaint and Significant Service Interruption forms. o) Letter and Petition to Chairman Harrington from some 25 residents of Ware Street re: Dirty water for extended period of time. p) Memorandum from Executive Secretary of MMA re: Annual MMMA Clambake August 11, 1988. q) Letter from DEQE re: Update of 4/15/88 Division of Hazardous Waste Site List. r) Minutes of Area Administrators Committee, Executive Office of Human Services. s) Letter to the Board from Mo Prasad, Mansfield Cable Access, re: Dis- position of three years of tapes of Town meetings. - Selectman Dunn felt it very important to retain all tapes and sug- gested that the Board request Cable Access use their funds to sup- ply additional storage space, cabinets or, possibly reduce the tapes to microfeish. The Town Manager is to discuss this with the Town Clerk and Mo Prasad. BOARD OF SELECTMEN MINUTES OF MEETING JULY 14, 1988 PAGE 10 12. Old Business a) The Town Manager said a question has been raised about a capital charge for the new Library /COA water connection. He suggested that the policy be amended so that all municipal facilities except schools and offices be placed in the lowest category. * MOTION: So moved. D'ulin' /Markt VOTED: 4 -0 b) The Town Manager had an approved plan of the Thompson & Wessell Street water line which he had discussed with the Board a few weeks back; he asked that the Selectmen sign it; they did. c) It was decided to discuss the Veterans Agent vacancy next week, due to the hour tonight; this followed a decision to hold a meeting next week to cover unfinished items. d) The Town Manager raised the remaining indecision concerning the salary matrix. There was short discussion over establishing just a minimum and maximum figure for each classification grade. The Town Manager said he wants to raise the Parks & Recreation Director salary higher than the 90 %; this created some discussion. The Chairman then suggested that in view of the Board's varying opinions concerning that salary, Tom is to resolve the figure and then communicate it to the Board members, by phone. It was decided that there would be further and final discussion concerning the salary matrix and classification at next week's meeting. 13. New Business a) Selectman Dunn brought up the proposed 450 ton /day trash -to- energy facility in Mansfield, saying he was opposed, particularly to one this size. He would like to send a written response, but it is due Monday. The Board felt it was too late tonight to discuss. The Town Manager said he would like the Board to keep alternatives open and study it more fully; any response should suggest that the Town has a concern, its voters passed a moratorium, is still studying other alternatives and still willing to listen. 14. Adjournment MOTION: To adjourn (at 12:08 A.M.) MINUTES APPROVED Clerk Dunn /Markt VOTED: 4 -0 Crate signed