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Home My WebLink AboutBOS MINUTES 10-16-1985r M BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 16, 1985 OCT 2 41985 PRESENT: Chairman D'Onofrio; Selectmen Levine, McNair, Mahana; Town Manager; Selectman Dunn arrived at 7:55 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of October 9, 1985 MOTION: To approve the Minutes of October 9, 1985. McNair /Mahana VOTED: 4 -0 3. Warrant #17 MOTION: To approve Warrant #17 in the amount of $1,172,648.95, dated October 16, 1985, broken down as follows: General Fund - School Lunch - Special Revenue - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise - Mahana /McNair 4. Licenses and Permits $662,042.99 5,094.52 36,534.85 14,58 9,703.47 4,290.47 454,968.07 VOTED: 3 -0 Levine abstained a) Application for Sewer Connection Permit for Nissan Motors, for industrial use on Plymouth Street. MOTION: To approve the Sewer Connection Permit for Nissan Motors. McNair /Mahana VOTED: 4 -0 5. Correspondence a) Fiscal Year 1986 GATRA contract with the Council on Aging; requires vote of approval and Chairman's signature. MOTION: To approve the GATRA contract. McNair /Mahana VOTED: 4 -0 b) News Release from Mass. DPW re: First Section of I -93 Exit Renumbering. c) Notice from Bristol Conservation District re: Available grant money for preparation and completion of Open Space, Conservation and Recreation Plans. - Selectman Mahana said the piaster Plan must be completed before the Town is eligible to receive such a grant. BOARD OF SELECTMEN MINUTES OF MEETING ( OCTOBER 16, 1985 PAGE 2 d) Copy of Bristol Conservation District Report, Fall 1985; Groundwater Focus of Annual Meeting, November 20th. e) Letter from William Kirby, 1407 East Street re: Zachary Adelson's "Finan- cial Views" article from the Mansfield News' October 3rd edition. f) Letter from Bay State Gas Co. re: Exhibition booth at the MMA Annual Meeting October 25 -27, in Hyannis. g) Letter from SRPEDD re: SRPEDD Annual Reports. h) Final Notification from DEQE re: Submittal of Project Information Forms for Development of FY -87 Priority Lists. i) Copy of letter from Sheraton Mansfield Inn to Director of Light Depart- ment re: Appreciation for prompt and dedicated workmanship in restoring service to the Inn after Hurricane Gloria; the Clerk read.this. letter. j) Notice from Chairman, Board of Appeals, re: Increase in Filing Fee to $65.00 for Application for Permit, Exception or Variance and Appeals from Decision of the Inspector of Buildings. - The Chairman asked the Town Manager to check into this from the stand- point of whether the Zoning Board of Appeals may raise the fee at their discretion. Q Memos from Police Chief re: Radar Citations and Disturbances Related to Licensed Liquor Establishments, Weeks of October 2 -15, 1985. 1) Letter from Chairman of the Planning Board re: "Scenic Road" designation for Maple Street. 6. Old Business a) The Town Manager advised the Board members that he had reviewed a tape concerning the Federal Fair Labor Standards Act which the Town Accountant and Treasurer had made when they attended a meeting on the subject last week. He said he has great concern because of many ramifications which would result, as well as confusing bookkeeping which will be required. He said he feels this Act was passed many years before when there was an unemployment factor, the intent of which was to discourage overtime and, thus, encourage employment of more workers. He feels, however, it was not meant to be applied to municipalities. As of this date, it is to be complied with beginning November 1, 1985. He then briefly touched on some points: Elected officials, executives, administrators and professionals, as well as temporary contractors and individual workers are all exempt, if they meet certain requirements.(exempt from the requirement that anyone who works more than their standard specified weekly hours, must be paid for BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 16, 1985 PAGE 3 overtime). On -call people, if they have to stay by the phone, must be paid; if they have a pager, they do not have to be paid.(overtime). Dual employment, such as call firefighters, would require overtime for over their weekly hours. Police and firemen have some partial exemptions. b) The Town Manager told the Board he is doing what he can of the Town Engineer functions, such as inspections. Also, he has an arrangement with John McMann, of Pavlo Engineering Co., Inc. of Boston, to serve as a consultant, on an as- needed basis, until a new Town Engineer is hired. Mr. McMann lives in Norton, so can stop in as necessary. Joint Board Meeting The Planning Board, Conservation Commission and Zoning Board of Appeals had been invited to this joint meeting to discuss industrial proposals which are being presented and the pocket zoning which presently exists in Mansfield. The meeting was opened by the Chairman reading the Memorandum which had been sent to each Board /Commission Chairman. The Chairman then asked Selectman Levine to start the discussion by indicating how her concern had developed from neighborhood areas, and residents, expressing concerns, voicing prob- lems when certain industrial uses come before the Planning Board. She feels it is time to reconsider Mansfield's zoning, possibly consider buffer zones, or classify types of industry for certain areas. She posed the following: - Can the industrial zone be changed so that the zone requires only certain types of industry? - Can industrial zones be eliminated from areas where they are now and, if so, what would those areas be replaced with? - People are concerned about the lack of a completed Master Plan. Leonard Flynn, Zoning Board of Appeals, said in many towns any industry -re- quires a Special Permit. He feels the completed Master Plan is essential, and suggests implementing the Special Permit requirement until such time as the Master Plan is completed; then delineate types of industry and locations for each. Classifying industries can become complicated, was one opinion expressed. Tony Durbano, of the Conservation Commission, cautioned against what he called "pigeon holing" (classifying), because types of industry can change in future years. Grace Genatossio, of the Planning Board, recom- mended greater set -back, which would limit industry in some cases. Selectman Mahana said he favors the Special Permit for all industrial areas, with classification system, delineating type of industry. Paul O'Neill, of the Conservation Commission, added the need for consideration of water qual- ity for all development in Mansfield - residential and industrial. Select- BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 16, 1985 PAGE 4 man Levine said she feels the important thing is for the boards to try to regulate all areas so that living anywhere is harmonious; then suggested there are people "out there" who would be willing to volunteer to contribute their time for such a study. Selectman Mahana suggested that each Board at this meeting appoint a representative who would then meet to work on formu- lating a proposal. Chairman D'Onofrio felt the Industrial Development Com- mission should be included. The consensus was that one member from each of the boards /commissions present be selected, plus one from the IDC, for it is clearly indicated that a change is needed, but no conclusion as to direc- tion yet. The Chairman of the Planning Board is to head the committee, and members are to be identified by next week, with the hope of coming up with a direction by January 1986. MOTION: To go into Executive Session to consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, em- ployee, staff member, or individual; the regular meeting will resume at the end of the Executive Session. Dunn /Levine POLLED: 5 -0 Executive Minutes typed separately New Business a) The Town Manager reviewed 18 proposed Articles for the Special Town Meet- ing of November 16, 1985; they were voted on just to include or not to include as follows: Article 1 - To accept, 5 -0 Article 2 - To accept, 5 -0 Article 3 - Not accept, 4 -1 Dunn in favor of leaving on* Article 4 - To accept, 5 -0; discussion as to outstanding bill of Water Dept. and why they didn't ask for a transfer; some felt a transfer is not permitted to an Enterprise account. Town Manager is to research. Article 5 - Accept, 5 -0 Article 6 - Accept, 5 -0 - Some discussion as to two positions. Article 7 - Accept, 3 -1 - Mahana opposed; McNair abstained Article 8 - lst vote: 2 -2, McNair abstained MOTION: To reconsider, Levine /Dunn VOTED: 5 -0 MOTION: To include, 4 -0 McNair abstained Article 9 - Accept, 4 -0 Levine abstained Article 10 - Accept, 4 -0 Levine abstained Article 11 - Accept, 4 -0 Levine abstained; some discussion over the impact this would have on assessments. The Board would like a representative from the S.E. School District to come and explain this article's intent. Article 12 - Accept, 4 -0 Levine abstained; S.E. Regional School rep. to explain this one also. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 16, 1985 PAGE 5 Article 13 - Accept, 5 -0; change Sponsor to Peter O'Brien. Neal Her- rick, the Firefighter this Article is for, was present, as well as Chief Sliney, and they answered a fete ques- tions. Article 14 - Accept; 5 -0 There was some discussion and a strong con- cern expressed as to where the money will come from for this. Article 15 - Accept, 5 -0 Article 16 - Accept, 5 -0; Sponsor: Norman Mahana Article 17 Accept, 5 -0 Reverse this one with Article 18. Article 18 - Accept, 4 -1 Dunn opposed. Reverse this one with Art- icle 17 * MOTION: To go into Executive Session for the purpose of discussing contract nego- tiations. POLLED: 5 -0 Executive Minutes typed separately *Vote taken after Executive Session 9. Selectman Mahana advised the Board members of the former Building Inspector, Harry Cook's passing, and voiced a desire to send the family condolences, as well as include Harry Cook's death in the Town Report. The Chairman added that Anthony Pascucci has been ill and the Board hopes he will get well soon. The Chairman then asked for a moment of silence in remembrance of Harry Cook. 10. Adjournment * MOTION: To adjourn, at 11:10 P.M. Mahana /McNair VOTED: 5 -0 Date signed