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HomeMy WebLinkAboutBOS MINUTES 5-31-1989BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 1 � JUN 2 9 is39 iI PRESENT: Chairman Tartufo; Selectmen Markt, Harrington, Sarro; Town Manager; Selectman Dunn arrived at 7:35 P.M. 1. Opening the meeting, Chairman Tartufo called for a special moment of silence for someone who worked for the Town for 32 years, Arthur Alden who passed away yesterday. Chairman Tartufo went on to say the Memorial Day parade this past weekend was a great success due to involvement of many people. He said the Veterans have done it for many years, this year the Jaycees took over; the Elks Lodge, veterans and private citizens all worked together to make it a suc- cess. 2. Minutes of Mav 23. 1989 * MOTION: To approve the Minutes of May 23, 1989. Markt /Harrington VOTED: 4 -0 3. Warrant #49 * MOTION: To approve Warrant #49 in the amount of $419,750.80, dated May 30, 1989, broken down as follows: General Fund - $227,381.85 School Lunch - 4,853.37 Special Revenue - 7,899.92 Capital Projects - 83,270.80 Sewer Enterprise - 10,842.78 Water Enterprise - 7,027.18 Electric Enterprise - 78,475.00 Harrington / Markt VOTED: 4 -0 Markt abstained on police items 4. Licenses & Permits a) Common Victuallers License application for WINGS RESTAURANT, Fruit Street, Mansfield Airport; this is a change of ownership to Ismael M. Delgado. * MOTION: To approve the license. Markt /Harrington VOTED: 5 -0 b) Request from the Parks Director for relocation of the Fisher - Richardson House sign and waiver of the permit fee. * MOTION: To approve the relocation and waive the permit fee. Harrington / Markt VOTED: 5 -0 5. Correspondence a) Dept. of Public Utilities Notice of Public Hearing re: Teleconnect Long Dis- tance Services and Systems Co. BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 PAGE 2 b) Letter to the Board from John T. Folan and Janice Barrows, 215 N. Main Street re: Conditions in downtown area. - The Clerk was asked to read this letter. The matter is to be discussed with the Police Department and it will also be included in the meeting with merchants June 14th. Selectman Harrington reiterated his request of last week for stricter laws, fines to get the message across to the people. The Town Manager advised the Police Chief has initiated a "park and walk" system in the evenings; also, after July 1, there will be a foot patrolman downtown. Selectman Harrington said he feels the police should be able to deal with the laws the town already has for 'no loitering', etc. He sug- gested pursuing this with Town Counsel concerning the present by -law as well ad the one which was not approved sometime back. Selectman Sarro mentioned Foxboro does not have loiterers. Selectman Dunn's feeling was that some patrolmen deal with the problem, others don't. He said, "Don't spend time reviewing the by -law, deal aggressively with the problem, don't make friends; "let's test the court if we have to, let's keep them out ". * MOTION: To pursue the issue in the downtown area and Memorial Park for the Board's next meeting. Harrington /Markt VOTED: 5 -0 c) Copy of letter to the "Town of Mansfield" from Malcolm Chase, of Taunton, re: Appreciation of Mansfield Police Dept. d) Letter to the Board from House Chair Fiero and Senate Chair Kraus /Special Commission on Local Aid re: Local tax reform package. e) Copy of Division of Local Mandates REPORT. f) Memorandum to the Board from Director of Planning & Development re: Special Town Meeting for the Master Plan. - Decision was to set a definite date later in the summer. g) Memorandum to the Board /Road Commissioners from Chairman of the Planning Board re: Willow Street. - See Life Care /Cobbler's Corner Sewer Permit section further on h) Letter from Controller of Cable Vision re: 1988 Forms 200, 300 and 400. i) Announcement of second public educational forum for Taunton River Basin Water Needs Study, June 14th at 7:00 P.M., "Southeastern Mass. Partner- ship To Present Regional Water Study Findings ". A Memorandum from SRPEDD to the Board re: Projects Eligible for Economic Development Administration (EDA) funding. BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 PAGE 3 Board of Assessors Chairman Walter Main was present to represent the Board of Assessors. He said their problem is to come up as closely as possible with what the Select- men want. Walter quoted a figure of $608,000 for new growth, but said he could be sticking his neck out $100,000. He said 80% of residential homes are still to be re- evaluated, but present homes have nothing to do with new growth; $608,000 is basically all the new growth expected. In discussion Selectman Harrington asked Walter to verify with their ap- praiser consultants that all new growth is done. He said he would like to have the appraisers working on new growth the first three to four months of the year, for budgetary purposes, then work on the re- evaluation for tax bills. Walter said the Dept. of Revenue will have new certified figures July 14th. Questions & Comments There were none. ISPO Sewer Permit (Selectman Dunn left the room for this discussion). ISPO had requested a meeting with the Board regarding the Board's rejection of their sewer extension permit application. Town Engineer, Bob Swanson, was present, along with Jack Dolof from ISPO and Mike Trowbridge, engineer. Selectman Sarro asked who gave them the impression there would be no prob- lem from the Board. Their answer was that their application was approved and signed by the Town Engineer, then sent to the State and the State ap- proved it. Bob Swanson said the State approval is for capacity only. The application was turned down because it did not follow the Town's Master Sewer Plan. Selectman Harrington explained the Board's feeling that the Town's consultant on sewer (Camp Dresser & McKee) should be consulted to see what they recommend and, if so, ISPO should pay for CDM's study. Mike Trowbridge handed out a profile of their proposal. Chairman Tartufo pointed out that the Board prefers a gravity fed system and would like other homes to be able to hook in as well. Jack Dolof said ISPO would be in- clined to go with the CDM study. MOTION: To ask Camp Dresser & McKee for an estimate as to cost to review the plan as discussed. If it is a favorable recommendation, the Board will then approve the extension. Harrington /Markt VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 PAGE 4 9. Life Care /Cobbler's Corner Sewer Extension Permit Ted Kelley, Life Care Project Director, Bill Mastrovich, Life Care attorney, Mav Tornesello, Life Care Coordinator, and Bill Carroll of Faye, Spofford & Thorndike were all present, as was Mansfield Town Engineer, Bob Swanson. Ted Kelley opened by advising that an application for a Special Permit was filed February 3, 1989, an application for the Board of Selectmen certifica- tion was filed March 23, 1989, and they see it as just a request for certifi- cation that the Mansfield Wastewater Treatment Plant can handle their flow. Their alternative is gravity feed to a pump station to a force main under Willow Street out to the interceptor at Spring Street. Mr. Kelley said they consulted with Camp Dresser & McKee who advised that a force main out to South Main Street was a much longer route which would require more pumps and the South Main 18" pipe is not in good condition. CDM recommended going out to Spring Street. There was mention of surcharging on the South Main Street line as well. Mr. Kelley pointed out that the Town's sewer master plan was designed in 1976 and environmental laws have changed since then. Selectman Dunn felt the Conservation Commission would have considerable problem with the third alternative because it would cross wetlands. Also, with a force main going to Spring Street, residents along Willow Street would not be able to tie in. The Town Manager advised that there is a recommendation for a condition which would allow residents to tie in. Chairman Tartufo asked about their treatment of Willow Street surfacing. Ted Kelley stated they will overlay all of it that they disturb. Bob Swanson said he does not feel overlay is the best solution; he recommends asphalt rubber chip seal. Bob then passed out copies of eight points for considera- tion. The Town Manager again pointed out that this is a sewer certifica- tion request, not a permit application. Selectman Dunn suggested that the developer be asked to pay for the Tom consultant (CDM) to review their master plan and report to the Board; this is a deviation from the master.plan so a study needs to be made for impact of the deviation. He pointed out that a pump system can break down, what happens to the flow then? Ted Kelley asnwered some of the eight considerations; i.e., no one has asked to be hooked in (residents on Willow Street); Life Care will have an emergency power system which would run the pump station in the event of a breakdown. During discussion of a Memorandum from Planning Board Chairman, Bill Madan, contents of a Memorandum from Patrolman Lawson, Traffic Control Officer, were touched on, along with his recommendations concerning the Life Care facility and Willow Street. Ted Kelley said they have already agreed to certain of the points at a Planning Board meeting. Selectman Dunn said he would like to add, as Point #9, that the Board might like to go to Camp Dresser & McKee for their review of the Life Care pro- BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 (. PAGE 5 proposal since it does not conform to Mansfield's Master Plan; is Life Care Associates willing to pay for it? Ted Kelley said he would like a cap on the cost and recommendations as soon as possible; he said they will give verbal O.K. and follow with a written one. Attorney Mastrovich said he felt it a reasonable request, then asked what the criteria are for the cer- tification that the Board needs. Selectman Dunn restated his reasons for not liking the proposal: he does not like force feeding, does not like going contrary to the master plan just because the pipe is not yet there in Reservoir Street. He said he cannot, will not certify it. Selectman Harrington said the Board does not want to just say it will certify because it may send out a false signal if the Board is not going to approve other details later. Mr. Kelley said he would like to sit down with the Town Engineer and Camp Dresser & McKee. There are three issues: Master Plan, road and other resi- dents. He asked for the difference between certification and a permit. Selectman Dunn said he would like Town Counsel's opinion /definition. * MOTION: To have the Town Manager and Engineer obtain an estimate from CDM and the Town's road consultants, Vanesse & Hagen as soon as pos- sible. The Chairman suggested holding off on any motion. Selectman Dunn said let's get CDM Master Plan opinion first before expending money on the road consultant. There was agreement on this. James Lazzara, 132 Willow Street, expressed a concern on the impact of traffic on the neighborhood from the Life Care facility. Chairman Tartufo expressed his feeling that the Planning Board passed the buck, it should be their issue. Selectman Harrington suggested dialogue with`thd P.lahning Board and Life Care Associates. The Town Manager said if gravity feed back to the pump station is a part of the Master Plan, it will make sewer available for all residents if, or when they want or need it. Ted Kelley said they are willing to work with the Town. Vince Botti, 395 Willow Street, quoted Selectman Dunn's letter written Feb- ruary 21 when he was Chairman of the Board, in which he stated "the Board has no direct connection with approval or disapproval . ", and went on to address the traffic problem and other previous expressed concerns. Karl Clemmey compared this project with the Great Woods one which the Board was not against. David Farrington & Carole Andrews asked about a pump break- ing down. Bill Carroll of Faye Spofford & Thorndike advised there will be two pumps for that purpose and there will also be an emergency system. * MOTION: To have staff contact Camp Dresser & McKee for a cost estimate and then communicate it to the developer. Harrington /Markt VOTED: 5 -0 Ted Kelley said he would verbally authorize $1,000 right now. BOARD OF SELECTMEN MINUTES OF MEETING MAY 31, 1989 PAGE 6 Discussion then turned to the need for a vote by the Board of Selectmen before the Planning Board can close their hearing. The Board decided it would meet next week if CDM can complete its review. Selectman Sarro asked that any further correspondence /information be sent to the Board. Attorney Mascovich said there are laws which prohibit one board passing issues to another. 10. Old Business a) Selectman Dunn, referring to tonight's meeting with Life Care Associates, said he would like the developer to show what they would have to do to conform with the master plan, or why they can't. 11. New Business a) Chairman Tartufo said he would like a report of accidents on town roads; he would like the Board informed as soon as possible when one occurs so that the Board can study why it happened and what can be done to correct any problems. MOTION: That the Board be provided with periodic reports of accidents at intersections, etc. Sarro / Markt AMENDMENT: That pedestrian accidents be reported quarterly, car acci- dents semi - annually. VOTED: 5 -0 b) Selectman Dunn expressed the feeling that the Memorial Day celebration was nicely done. 12. Adjournment MOTION: To adjourn (at 11:50 P.M.). MINUTES APPROVED: Clerk / Date signed Markt /Harrington VOTED: 5 -0