Loading...
HomeMy WebLinkAboutBOS MINUTES 9-7-1988BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PRESENT -� Chairman Harrington; Selectmen Dunn, Markt, Tartufo; Town Manager Selectman Levine arrived at 7:35 P.M. 1. The meeting was called to order and the Flag saluted at 7:30 P.M. 2. Warrants #10 and #11 * MOTION: To approve Warrant #10 in the amount of $696,275.08, dated August 30, 1988, broken down as follows: General Fund - $428,179.98 Revenue Sharing - 1,265.92 Special Revenue - 56,445.36 Capital Projects 111,365.70 Sewer Enterprise - 6,501.44 Water Enterprise - 13,234.69 Electric Enterprise - 79,281.99 Dunn / Tartufo VOTED: 4 -0 Markt abstained on Police Payroll * MOTION: To approve Warrant #11 in the amount of $72,767.91, dated Septem- ber 6, 1988, broken dorm as follows: General Fund - $46,816.05 Revenue Sharing - 279.00 Special Revenue - 2,579.36 Capital Projects 817.00 Water Enterprise - 5,484.62 Electric Enterprise - 16,791.88 Markt /Dunn VOTED: 4 -0 Markt abstained on Police Payroll, 3. LIcenses & Permits a) Application for renewal of Sunday Entertainment License by Homestead Restaurant, Dario Way. * MOTION: To approve the renewal license. Markt /Dunn VOTED: 4 -0 b) Application for Hackney License, Vehicle No. 5, a replacement for their previously licensed Vehicle No. 3, Foxfield Taxi, 15 Creeden Street. * MOTION: To approve the license (subject to Police inspection). Markt /Dunn VOTED: 5 -0 4. Questions & Answers a) Scott Button /School Committee inquired as to the status of the Refer- endum Committee to be headed up by Selectman Markt, pertaining to educat- ing townspeople about the two questions. The Chairman advised him that a letter had gone out to each board and committee soliciting a volunteer. i J? i I !( 9/9 i r PRESENT -� Chairman Harrington; Selectmen Dunn, Markt, Tartufo; Town Manager Selectman Levine arrived at 7:35 P.M. 1. The meeting was called to order and the Flag saluted at 7:30 P.M. 2. Warrants #10 and #11 * MOTION: To approve Warrant #10 in the amount of $696,275.08, dated August 30, 1988, broken down as follows: General Fund - $428,179.98 Revenue Sharing - 1,265.92 Special Revenue - 56,445.36 Capital Projects 111,365.70 Sewer Enterprise - 6,501.44 Water Enterprise - 13,234.69 Electric Enterprise - 79,281.99 Dunn / Tartufo VOTED: 4 -0 Markt abstained on Police Payroll * MOTION: To approve Warrant #11 in the amount of $72,767.91, dated Septem- ber 6, 1988, broken dorm as follows: General Fund - $46,816.05 Revenue Sharing - 279.00 Special Revenue - 2,579.36 Capital Projects 817.00 Water Enterprise - 5,484.62 Electric Enterprise - 16,791.88 Markt /Dunn VOTED: 4 -0 Markt abstained on Police Payroll, 3. LIcenses & Permits a) Application for renewal of Sunday Entertainment License by Homestead Restaurant, Dario Way. * MOTION: To approve the renewal license. Markt /Dunn VOTED: 4 -0 b) Application for Hackney License, Vehicle No. 5, a replacement for their previously licensed Vehicle No. 3, Foxfield Taxi, 15 Creeden Street. * MOTION: To approve the license (subject to Police inspection). Markt /Dunn VOTED: 5 -0 4. Questions & Answers a) Scott Button /School Committee inquired as to the status of the Refer- endum Committee to be headed up by Selectman Markt, pertaining to educat- ing townspeople about the two questions. The Chairman advised him that a letter had gone out to each board and committee soliciting a volunteer. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 2 b) Mrs. Coffey, of King St her request to have the street paved. The Town suggesting they present street approving having received it. ^eet, again raised the question on the status of boulders removed on King Street and the entire Manager advised that he had written to the Coffeys a petition signed by all the residents on the the street opened and paved. He said he has not Selectman Tartufo then said a petition is not necessary, the matter should go to Town Meeting for abandonment or acceptance. Roads built fifty years ago were not accepted. It is a public way and he felt it should be opened. He said the Planning Board would like to clear up all streets that fall into this category. The Town Manager said it was not a throughway until a public sewer went through there which caused vegetation to be removed (it connects County Street and North Main Street). Discussion followed. The reason the Coffeys are so anxious to have the street opened is because they are building a house on a lot they own on the unpaved section _o.f the road. MOTION: To remove the boulders and open the street post haste. Tartufo / Markt VOTED: 5 -0 The Town Manager was asked tohave the Dept. of Public Works take care of it immediately. Public Hearing /Town Taxi Robert Haynes, owner of Town Taxi, was present. The Clerk read the Police Department report of a violation of Mansfield Hackney Rules and Regulations. The Police Chief and Mrs. Haynes were also present. (Selectman Markt left the meeting for this hearing). One Town Taxi cab (Vehicle #6) was found to be displaying an altered inspection sticker. When the driver was asked to produce his license, the hackney license and the vehicle registration, he could not produce a hackney permit issued by the Town and stated he was still in the process of securing one. Both the driver and Town Taxi dis- patcher denied any knowledge of the altered inspection sticker. The driver was told he was not to operate any cabs until he was properly licensed by the Town and that the vehicle was to be taken out of service until it was re- inspected and a current inspection sticker was issued and attached. Mr. Haynes was issued a citation and will be summoned into Attleboro District Court on-two_.cbarges. The Haynes then informed the Board that Mr. Haynes had fired all his drivers and the driver involved was Mrs. Haynes's brother; he had decided to let him drive without a license because he needed a driver and Mr. Haynes had, at that time, been driving for 48 hours straight. Chairman Harrington advised that the Board has three choices concerning vio- lations: fine of not more than $50 for each offense; suspension of license for not more than 5 days; revocation of license after a hearing. He then asked the Police Chief for his recommendation which was a 3 -day suspension. Selectman Levine asked for settling of two separate issues; one the driver BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 3 has no Mansfield permit, the other is the judge's disposition on the altered inspection sticker. MOTION: A five consecutive day suspension. Dunn /Harrington Discussion by Selectman Dunn expressed his concern about a license indicating the Town's trust in the owner for carrying passengers; an instance such as this indicates poor judgment. The Chairman added that the fact that the owner of the company drove over a 48 hour period was a safety factor. Also Mr. Haynes had stated he had learned one of his dispatchers was selling drugs out of his estab- lishment (one who was fired). Chairman Harrington said he whole- heartedly supports the 5 -day suspension. Selectman Tartufo said he agrees with Selectman Levine's suggestion that there are two separate issues. The Town Manager reminded the Board to establish an effective date. Selectman Tartufo then said he would like to stick with the Police Chief's recommendation, especially consider- ing that additional action will be taken by the court. MOTION: A 3 -day suspension effective September 12. Tartufo /Harrington Selectman Dunn said he feels the Board should be "hanging tough" on licenses and he does not feel the 3 -day suspension is tough enough. VOTED: 4 -0 Council -On -Aging Interviews There were two applicants for two vacancies, both were present and asked a few questions concerning their interest and background; they were: Lois V. Thomas Joy Lee Eppes 87 Hall Street 416 S. Main Street MOTION: That both candidates be swept into office. Levine /Dunn VOTED: 5 -0 Paul Folkman /Jackson Court The Chairman opened by briefly reviewing past discussions. Paul Folkman was present with a revised plan and discussion concerning the right -of -way's intersection with Court Street. Selectman Dunn said it appears the area should be blocked. Paul said he is considering fencing and landscaping; lighting is yet to be decided; Paul will supply appropriate signs. Paul had an approved site plan which showed no curb cut on Court Street. The Town Manager said there are still some details to be worked out, namely, the official agreement, so -it will come to the Board once more. The Chairman said he would like the Board to decide on the curb cut issue tonight. MOTION: That there be no curb cut onto Court Street. Levine /Dunn VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER &, L( ** APRIL 4 Selectman Levine said she would like to see some definite signs at the end of Court Street. Paul said there will be a berm; the feeling was that that is not enough. Rudolph Lombardi, an abutter, asked about a fence; he was told there will be one put up. Discussion followed regarding dumpster location; that is yet to be decided by the association. Chairman Harrington then addressed Karl Clemmey's letter from Karl's attorney regarding the Town Meeting Article concerning land on Rt. 106 and a 2/3 vote vs a majority vote. Selectman Levine said she does not feel it is an issue for the Board to decide. Town Counsel's letter to the Town Manager stated he has learned the land in question is tax -title property and, therefore, falls within Section:3 of Chapter 40, requiring a majority vote only. He sug- gested that the petitioner resubmit the Article at the next Special Town Meeting to clear any cloud exisitng. Karl Clemmey's comment was he would petition the court tomorrow. * MOTION: To obtain a clearer opinion from Town Counsel. Tartufo /Markt Revised MOTION: To have an opinion, in writing, from Town Counsel which is more definitive and have him present at our next meeting to explain. Tartufo /Markt AMENDMENT: It does not necessarily need to be Mansfield's Town Counsel. VOTED: 5 -0 8. Steven Bernstein /Brook Street Chairman Harrington opened by recapping past history of Mr. Bernstein's prob- lem, which he has been before the Board about before; i.e. drainage from both Brook Street and the Back Bay Brook onto his property. The Town Manager advised that he hopes to have Tom DPW employees start work on a portion of the problem this week. Mr. Bertstein said his problem is a two -fold problem; one is the Back Bay Brook, a drainage ditch and culvert pipes both drain onto his property; the second is that water on the street accumulates on his property, runs down his driveway and into Back Bay Brook since new homes were built above his. He does not feel the Board has acted in good faith since he first came before it two years ago. Chairman Harrington's response was that the Town does not have funds and has not had. The Town Manager said he had met with Mr. Bernstein and he thinks the Town can address the brook area in the back. The street problem is a major one as well as an expensive one. Mr. Bernstein's home location is a problem in itself; it is in a hole with driveway running to the back. Mr. Bernstein said the water is coming from the water table, and the Town does not maintain the Back Bay; also, the Town has no right to send water onto his, or anyone else's, property. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 1 PAGE 5 Selectman Tartufo said he wants to know what is needed and what it will cost before he can make a decision. The Town Manager expalined what he is proposing will reduce the amount of flow but not eliminate it. Mr. Bern- stein said the Board said it would place a berm at his driveway in 1986. The Town Manager said he will discuss it with Bob Powers, the Acting Town Engineer. 9. Susan Donovan /Dirty Water Mrs. Donovan brought in some samples of rusty and grey water. She asked is it the well, the quality of water, the pipes, more houses being built? Chairman Harrington suggested that when the next notice is sent out resi- dents be asked to call each time they experience a problem so that the Town can track the problem areas. He also suggested designating Susan Donovan as a resident representative and that she be allowed to sit in all meetings with Anderson - Nichols, etc. Selectman Levine suggested that the Town Manager ask Anderson - Nichols if they have the cameras they can insert into pipes to determine sources of the problem that way. 10. Correspondence a) Notice of National League of Cities & International City Management Assoc. Pplicy Leaders Seminars, l b) Letter to the Board from "a group of concerned citizens" (single signa- ture, illegible) re: "Specific problems which need your immediate atten- tion." c) Memorandum from MMA re: MMA Workshop for New Selectmen Sept. 17th in Stur- bridge. d) Letter to the Board from Bob Marshall re: Appreciation for his appoint- ment as Director of veterans Services. e) Letter to Local Official from Amy S. Anthony, Secretary, Executive Office of Communities & Development re: Requests for Proposals for four commun- ity economic development programs. f) Invitation to the Board from Dunn Engineering Co., Inc. to celebrate their 10th Anniversary Celebration, Friday, Sept. 16th. g) Report from Mass. Cable Television Commission, "Consolidation of Cable Properties Continues ". h) Whitman & Howard, Inc. "News Release" re: U.S. Environmental Protection Agency Proposes New Regulations for Lead and Copper. i) Letter from Commissioner Garvey, Mass. DPW re: Annual Public Hearing for open discussion of questions relating to public roads in Bristol County, September 23rd. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 6 j) Invitation to Board members to attend a Boys State Sponsors Day Sunday, September 18th. k) Copy of letter to Executive Director, Southeastern Mass. Partnership from the Town Manager re: Appointment of John Rhind as representative for the Town of Mansfield. 1) Letter of resignation to the Board from Leonard Russell /Airport Commission. m) Letter to the Board from President Alfred Sarro, Jr., Mansfield Rotary Club re: Rotary Flag for Mansfield's South Common. - This is to be referred to the Director of Parks & Recreation. n) Letter to the Board /Sewer Commissioners from Chairman of the Municipal Building Committee re: Design changes for Library /COA facility. - The Town Manager will review with the Acting Town Engineer. * MOTION: To authorize after staff has reviewed and approved that this change conforms with regulations but changes the method of doing it. Tartufo /Dunn VOTED: 5 -0 o) Six (6) Notices of Public Hearing from Dept. of Public Utilities re: - Elcotel LD *OS /Alternative operator service - Northeast Security & Stereo, Inc. /Certificate as a Radio Utility - New York CGSA, Inc. "SCI" /Transfer license to SNET Cellular, Inc. - SNET Cellular, Inc. "SCI" /Certificate as a Radio Utility - American Network Exchange, Inc. /Telecommunications resale services in Mass. - Metro Mobile CTS of Springfield /Construct & operate a 2 -way mobile radio - telephone system in the Pittsfield, Mass. area. p) Memorandum from Fire Chief Shedden re: Commendation of Firefighters Arthur Courtemanche and Neil Herrick. * MOTION: To send each a letter of commendation. JD /ET VOTED: 5 -0 q) Memorandum from Mayor Johnson, City of Taunton, re: Bristol County Advi- sory Board meeting Sept. 29th. r) Notice of New England Minority Enterprise Development Week 1988 Recep- tion /Celebration Sept. 30th; received from Boston Federal Executive Board, New England Minority Business Opportunity Committee. s) Letter to the Board from Thomas Secky of 1 Cowan Lane, Mansfield re: Request for "precautionary sign" on Cowan Lane. t) Notice of New England Telephone public hearing Sept. 14th, for conduit, pad and service terminal locations on Oakland, Maple and North Main Streets. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 7 u) Copy of two (2) Town Counsel letters to: - Richard Lewis, Environmental Planner, re: Adequacy of Filing Information - Town Manager re: Letter from Atty. Charles E. Bennett v) Memorandum from Chief of Police to the Board re: Retirement of Crossing Guard, Marguerite Pellegrini. * MOTION: To award her with a plaque for 23 years of service. Levine /Markt VOTED: 5 -0 w) Letter to the Board from Wayne Southworth, Chairman of Canoe River Aquifer Advisory Committee re: Support concept of extending sewer lines to the eastern section of Mansfield. x) Memorandum to the Board from the Planning Board re: Giles Place Reconstruc- tion. - The Chairman said he would like more information and suggested that it might be helpful to obtain same from other departments, after which the Board will submit its opinion. y) Letter to the Board from Plumbing Inspector Connie Lajoie re: Albany Inter- national inspection for storage of flammables; he approved. z) Four (4) Mass. Dept. of Revenue Division of Local Services BULLETINS. Six (6) Mass. Dept. of Revenue Division of Local Services INFORMATIONAL GUIDELINE RELEASES. aa) Copies of letters and Memo from the Town Manager to: - Chairman of Zoning Board of Appeals re: Town Counsel opinion on Jackson Court right -of -way property - Chairman, Board of Health, re: Extension of sewer lines to East and West Mansfield. bb) Memorandum to various boards and committees from the Town Manager re: Con- struction and /or Siting of Resource Recovery Systems. cc) Copy of Master Plan ADvisory Council Minutes of 8/4/88. dd) Memorandum to board members from Chairman Harrington re: Change of meet- ing dates for the next two meetings only. 11. Old Business a) The Town Manager reported on his findings concerning the request for a reduced speed limit on School Street as well as no through trucking. He had given the Selectmen a report from the Police Chief indicating the number of times his officers use radar in that area and that 162 cita- tions have been issued between 1/1/88 and 8/1/88; he believes the new heavier fines for speeding citations has helped to reduce speeders. Another report indicated a request to reduce the speed had gone to the State DPW in 1984 and was approved so he did not believe they.would con= BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 8 sider another one at this time. The Town Manager will contact the peti- tioners. b) The Town Manager advised that the recommendation from the Police Chief concerning overnight parking in municipal parking lots during the winter months is to deny it. His reasons are that issuing special parking causes problems with tickets written when the permit is not visible, and snow plowing of the lots is difficult and causes vehicle owners complaints if their vehicle is blocked in by snow. He says he has never recommended that privilege. The Town Manager added that if you do for one, others will want the same privilege. * MOTION: To deny parking in the North Main Street municipal lot. Markt /Levine VOTED: 5 -0 c) Selectman Levine asked the Board members if they would like to sign and send a card to the recently married Town Hall employees, Lorilee Fish, Recreation & Parks Director to Gerald St. Hilaire, Operations Manager of the Wastewater Treatment Plant. d) Selectman Dunn asked the status of the West Street /Forbes Blvd. intersec- tion project; lie was told it is in the planning stage. 12. New Business a) The Town Manager asked for approval of two (2) Sewer Connection Permit applications of National Development Associates; one for 5 Hampshire Street, one for 9 Hampshire Street, both industrial use, approved by the State. * MOTION: To approve the two Sewer Connection Permit Applications. Markt /Dunn VOTED: 5 -0 b) Selectman Tartufo expressed concern about the intersection of Church & Chilson Streets, suggesting that possibly it should be a 3 -way STOP (Church is one -way). The Town Manager will check into this. c) Selectman Levine expressed concern with Town Counsel's letter of tonight which several Selectmen seemed to feel was confusing. * MOTION: That we begin, at least, to look and peruse what is available in the Town Counsel field. Levine /Dunn Selectman Levine said she has become disenchanged with what is coming through and feels the Town deserves more for its dollar. She suggested soliciting bids, letters. VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 7, 1988 PAGE 9 d) Chairman Harrington reported that he had attended last night's Board of Health meeting. One of the topics discussed was the complaint of more noise from Great Woods the past couple of weeks. He said there was some discussion but no action taken. e) Chairman Harrington then advised the Board members that he will be out of town the next two weeks and asked if the Board would consider skipping next week's meeting, then meet Monday, September 19th. This was agreed. 13. Adjournment The meeting adjourned at 11:20 P.M. MINUTES APPROVED -VVL Clerk �I iS"Ipe Date signed