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.
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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