HomeMy WebLinkAboutBOS MINUTES 10-23-1985*
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BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, McNair, Mahana; Town
Manager
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
2. Minutes of October 16, 1985
MOTION: To approve the Minutes of October 16, 1985. McNair /Mahana
VOTED: 5 -0
3. Warrant #18
MOTION: To approve Warrant #18 in the amount of $1,289,603.11, dated
October 23, 1985, broken dorm as follows:
General Fund - $1,117,114.76
Revenue Sharing - 2,153.00
School Lunch - 8,414.48
Special Revenue - 4,583.67
Motor Pool - 76.77
Sewer Enterprise - 41,981.26
Water Enterprise - 41,558.70
Electric Enterprise - 73,720.47
McNair /Dunn VOTED: 4 -0 Levine abstained
4. Licenses and Permits
a) Sewer Connection Permit Application by Michael Keefe, Lot 15A on West
Street; Swanson Contracting Co., Inc. excavator; [louse No. 252.
* MOTION: To approve Sewer Connection Permit Application for Lot 15A,
House No. 252.
McNair /Mahana VOTED: 5 -0
b) Sewer Connection Permit Application by Michael Keefe, Lot 15B on West
Street, House No. 258; constractor same as above.
* MOTION: To approve Sewer Connection Permit Application for Lot 15B,
House No. 258.
McNair /Mahana VOTED: 5 -0
The Town Manager told the Board members that, in the absence of a DPW
Director who had approved sewer connection permits previously, he had
asked Bill Handy, Supervisor of the Wastewater Treatment Plant and holder
of a Sewer Operator's license, to approve these applications; he feels
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 2
his background is adequate, and these two connections are basic residen-
tial connections.
c) Application for a One -day All Alcoholic License, Tri- County Beagle Club,
for November 2, 1985, 6:00 P.M. - 12 Midnight. The Clerk read a letter
which accompanied the application, explaining why they would like to have
an all- alcoholic license for this occasion.
* MOTION: To approve the One -day All Alcoholic License for Tri- County
Beagle Club.
Mahana /Dunn
Selectman Levine voiced concern for setting a precedent; the
Chairman felt the Club has a good track record and saw no rea-
son to not allow it.
VOTED: 4 -1 Levine opposed
5. Correspondence
( a) Letter from Executive Office for Administration & Finance re: Legisla-
tive proposal to fund, improve and reform Mass. public employee benefits.
b) Copy of letter from Ronald B. Webster (Webron Realty Trust) to Town Man-
ager re: Job well done in burning a donated building, for practice.
c) Notice of meeting of the Bristol County Advisory Board, November 2,
10:00 A.M., Taunton Superior Court House.
d) Letter from Ass't Director of Food & Beverage at Sheraton Inn re: Spe-
cial license consideration for August 23, 1986 wedding; the Clerk read
the letter which explained there will be a Jewish wedding, and under that
faith the ceremony cannot be performed until after sunset. Thus, the din-
ner hour will be late, and the client wishes to schedule the reception
from 9 P.M. to 1 A.M., with bar service during these times. He asks to
run the bar until 1:00 A.M., followed by a 30 minute grace period.
* MOTION: To grant the request for this one time and this event only.
McNair / Mahana VOTED: 4 -1 Levine abstained
e) Letter from Mass. DPW re: Federal -Aid Highway Systems maps, which were
enclosed.
f) Letter from Executive Office of Communities & Development re: New Stra-
tegic Planning Program (for assistance in planning for and managing
growth).
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 3
g) Notice of SRPEDD meeting, October 23rd, 8:00 P.M.
h) Notice from MMA re: Workshop, with accompanying material, regarding the
Fair Labor Standards Act.
i) Letter from Rep. Barney Frank re: Analysis of legislation now being con-
sidered concerning the Garcia decision.
j) Copy of Memorandum to Conservation Commission from Tom Manager re: Karl
Clemmey property.
Q Letter from Vice Chairman of Recreation Commission re: A plaque for dedi-
cation of the softball field at Memorial Park to Ronald King; the Clerk
read this letter.
* MOTION: To approve the dedication and plaque to Ronald King for the
softball field at Memorial Park.
McNair /Mahana VOTED: 5 -0
1) Three notices of Public Hearings from DPU re: Yankee Celltell Co. and
Metronet, Inc.
m) Letter from State Auditor's Office re: Workshop during MMA Annual Town
Meeting in Hyannis on "Alleviating the State Mandate Problem: a Two -
tiered Approach ".
n) Copy of letter to Town Manager from Margot Jellinek re: Appointment of
a Civil Engineer.
o) Request from Boy Scout Troop Committee Chairman to use the Mansfield Com-
mon for their annual Christmas Tree Sale.
* MOTION: To approve use of the Mansfield Common by the Boy Scout Troop
December 6th through the 23rd.
Dunn /McNair VOTED: 5 -0
p) Invitation from Mansfield Housing Authority & Executive Office of Communi-
ties & Development to Dedication Ceremonies of new elderly facility and
new family facility - Park Court and Hawthorne Court.
q) Copy of letter to Town Manager from Town Counsel re: Delinquent water
bills.
r) Memo from Police Chief re: Radar Citations and Disturbances Related To
Licensed Liquor Establishments.
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 4
Public Hearing /No Parkinq Area. West Street -N. Main Street Intersection
The Clerk read the Notice of Public Hearing, then asked the Town Manager
to illustrate the area being considered (he had sketched the intersection
on a blackboard). The Board wants to eliminate parking for 100 feet on the
westerly side of North Main Street and the northerly side of West Street in
order to allow two lanes of traffic, with the center lane specified for
left turns only. There were no comments or questions from the floor. Sel-
ectman Mahana said he thinks it is a good plan and thanked the Town Manager
for putting it together to alleviate the traffic problem there. Selectman
Dunn expressed some concern for the merchants along those two corners; it
was ascertained that there is a parking lot just north of the intersection
on North Main. The Town Manager reminded everyone that the plan must first
be approved by the State DPW, and Chairman D'Onofrio said he has learned
that the District Highway Dept. is no longer doing the review work required
prior to approval; this is now up to the towns - to determine what criteria
are needed and then meet them; this, then, is submitted to the State DPW
for review and approval. Joanne Wood asked that No Parking standards be in-
stalled, rather than painted curbs, feeling the standards are more easily
seen and, therefore, effective.
* MOTION: That the Town Manager proceed with the recommendations which he
has laid out and to submit it with the necessary documentation
to the DPW.
Mahana /Dunn VOTED: 5 -0
The Town Manager suggested waiting one week to give merchants time, if they
have any objections, to voice them, since no one was present this evening.
MOTION: To withdraw the Motion for one week. Mahana /McNair
VOTED: 5 -0
Public Hearing /Crocker Street Tow Zone
The Clerk read the Notice of Hearing, then said he (Selectman McNair) had
requested this tow zone because, although the area is presently posted for
2 -Hour Parking, it is being used by commuters for all day parking and creat-
ing a serious problem for merchants in the area. He feels a $5.00 fine
which they may receive periodically is not enough to discourage them; towing
will. Selectman Mahana pointed out that this is the result of the Town's
efforts to improve the commuter parking lot. Selectman Dunn asked residents
to respect the right of the merchants in the area. The Town Manager reported
that Town Counsel said, if it is the pleasure of the Board,.it is permissable
after a public hearing; again it must be approved.by the State.DPW.
MOTION: That both sides of Crocker Street be posted as a Tow Zone, between
North Main Street and Mansfield Ave., allowing only for the 2 -Hour
parking limit.
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 5
McNair /Dunn VOTED: 5 -0
Chairman D'Onofrio then commented that he believes that the new
Rumford Ave. parking lot is also being abused, and was meant to
be for the local merchants.
8. Public Nearing /Hotel -Motel Occupancy Tax
Selectman McNair excused himself for this hearing; Selectman Mahana was ap-
pointed to act as Clerk in McNair's absence (Dunn /Levine 4 -0). The Notice
of hearing was read. Selectman Mahana then said he likes having the ability
to raise taxes if necessary, but does not think the Town should penalize and
be selective in doing it. He said if Mansfield does impose this tax, it
will be giving neighboring towns an unfair advantage. He went on to say he
would not be averse to considering raising taxes at some future time, should
the Federal revenue sharing program cease. Selectman Dunn.said there are two
sides to this issue; if tho,Town does not adopt the tax, it is revenue lost,
and he sees it as a transient type tax, not 'one _on residents of the town.
At this point the Chairman invited the people present in the audience to
come up and sit at the table; they were: Paul Lopez, Sr. Vice President of
Inncorp, Michael Tropp, Hanager of the Sheraton, and Essie Motameni, Manager
of the Quality Inn. Mr. Lopez was the spokesman; he said it is a misconcep-
tion that the tax will not affect anyone in town and that hotels are pres-
tigious. He said both hotels survive primarily from group use, and their
rate is the prime consideration. If this tax is adopted, the two hotels
will have to drop their rates in order to incorporate the tax and to stay
competitive with others in the area. He said Marlborough is the only town
so far to have adopted the tax. The two hotels will be paying at least 1/3
of the tax, and it will place them at a tremendous and unfair disadvantage.
Mike Tropp said there are two groups from the industrial park which use the
Sheraton and rates are the prime consideration. Selectman Mahana said he
does not want to do anything to hurt Mansfield's industrial base. Select-
man Levine pointed out that the Town is facing the Fair Labor Standards
Act, has no funds for capital improvements, etc., and seemed to feel this
tax is a good way to acquire some; she also mentioned the lack of funds in
the Stabilization Fund, which has hurt the Town's credit. She had quite a
discussion with Paul Lopez about their amount of profit with and without
this tax.
Chairman D'Onofrio said he went through a mental assessment when this pro-
gram was passed in the State. He wants to keep free enterprise as free as
possible, but the program does have merit; however, the Town's spending prac-
tices need to be tightened up before he could support this tax. He is not
convinced that the Town is run as efficiently as possible. He pointed out
that all revenue generated goes into the General Fund and cannot be ear-
marked. He would like to see a disciplined approach to allocating this
revenue first, before supporting this tax.
BOARD OF SELECTMEN
MINUTES OF MEETING
( OCTOBER 23, 1985
PAGE 6
* MOTION: That the Board support Article 7 which calls for adoption of a
4% hotel /motel room occupancy tax.
Levine /Dunn FAILED: 1 -2 Dunn abstained; Mahana and D'Onofrio
opposed
9. Frank Cinelli /Southeastern Regional School District
Frank Cinelli, along with Paul O'Leary, new Superintendent of the School,
were present to explain the two articles submitted for the Special Town
Meeting. Selectman Levine absented herself from this discussion. The two
articles are for grants; a Professional Development Grant in the amount of
$54,804, and an Equal Educational Opportunity Grant of $160,807. The second
grant (EEOG) is for direct service expenditures, and to be eligible the ap-
propriating bodies and the School Committee of each city and town school
district must vote to accept the grants. The purpose of the EEOG.grantis
to increase per pupil expenditures in districts where costs are below 85%
of the State average. Southeastern Regional is currently expending 63.8%
of the current 85% student average; it needs to raise the average and thus
not have its Chapter 70 funds reduced in the future. The school had to do
some cutting after 22, and would now like to re- institute some of those
cuts. Chairman D'Onofrio commended the two gentlemen for the excellent job
they have done and are doing for the school, and thanked them for coming in
tonight.
* MOTION: That the Selectmen support Articles 11 and 12.
Dunn / Mahana VOTED: 4 -0
10. Old Business
a) The Town
Manager said his only old
business was the Warrant
for the Spe-
cial Town
Meeting.
*
MOTION:
To open the Warrant for
the Special Town Meeting.
McNair /Levine
VOTED: 5 -0
*
MOTION:
To include Article 1
Levine /Dunn VOTED:
5 -0
*
MOTION:
To include Article 2
11
5 -0
*
MOTION:
To include Article 3
FAILED:
2 -3
Levine, Dunn for
*
MOTION:
To include Article 4
VOTED:
5 -0
*
MOTION:
To include Article 5
VOTED:
5 -0
*
MOTION:
To include Article 6
VOTED:
5 -0
*
MOTION:
To include Article 7
It it VOTED:
4 -0
McNair abstained
*
MOTION:
To include Article 8
Dunn /Levine
There was discussion concerning
inability to
ear -mark any funds,
so any funds are subject
to Town Meeting vote.
The Town Manager
said Town Counsel suggested
:having it worded
as an
"advisory ".
Chairman D'Onofrio said
it is a mute point if
Article 7 does not
pass.
VOTED:
4 -0
McNair abstained
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 7
* MOTION:
To include Article 9 Dunn /McNair VOTED: 4 -0 Levine abstained
* MOTION:
To include Articles 10 through 12 Dunn /McNair
VOTED: 4 -0 Levine abstained
* MOTION:
To include Articles 13 through 15 Dunn /McNair
VOTED: 5 -0
* MOTION:
To include Article 16 Dunn /McNair VOTED: 5 -0
* MOTION:
To include Article 17 as Article 18 Dunn /Levine VOTED: 5 -0
* MOTION:
To include Article 18 as Article 17 Dunn /McNair VOTED: 5 -0
* MOTION:
To establish an Article 19 to cover any contract negotiations
which are settled before the Warrant comes to the floor.
- Discussion indicated the wording should be similar to that pro-
posed for Article 3. The topic was postponed while a scheduled
hearing was held.
* MOTION:
To put Selectman Levine's motion to add an Article 19 back on
the table.
Dunn /Levine VOTED: 5 -0
There was considerable discussion about both the wording and
intent - whether it was for just the DPW contract should it
be settled in time; should both the Fire and DPW be included
in one article; if Article 19 is for just the DPW, then that
may be interpreted as unfair since the Fire Dept. article ( #3)
has not been included. The Town Manager said Town Counsel's
opinion is that there should be separate articles for each de-
partment; treat them both the same. Selectman Levine said she
just wanted there to be an article in case the Town has a con-
tract signed before the Special Town Meeting. If no contract
is signed, there is no need for the article and it can be with-
drawn. Chairman D'Onofrio reiterated his concern for Article 3
in view of the terrific potential financial impact on the Town
if Article 14 should be- accepted; he mentioned a figure of
$160,000 on the salary account, possibly. He said he does not
want the people to think the Board is treating some employees
any differently than others. Selectman McNair pointed out that
there are two sides who are obligated, as far as a. settlement_
of contracts is concerned.
Motion FAILED: 2 -3 D'Onofrio, McNair, Mahana opposed
* MOTION: To close the Warrant. Dunn /McNair
VOTED: 5 -0
Mention was then made that, should a contract be settled before the Town
Meeting, possibly a Special within the Special could be held.
BOARD OF SELECTMEN
MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 8
b) Selectman McNair asked if any more brush from the hurricane is going
to be picked up. The Town Manager said he hopes to have everything
cleaned up before Halloween, but the DPW is short - staffed at present,
and in many instances people are putting more debris out after a street
has been covered; this makes it difficult. Selectman McNair pointed out
there are two bad areas, one on West Street and one on School Street
where brush is blocking visibility; the Town Manager will attend to them.
c) Selectman Levine advised that there is parking on both sides of the
street, on a curve, in the area of 328 School Street, where there is a
shop (DiRienzo).
d) Selectman Levine also mentioned that she had noted October 19, 1985 as
the date when the electronic switch telephone service was supposed to
be completed in Mansfield. The secretary will ask for a progress re-
port.
e) Selectman Dunn asked for an official appointment as the Board's member
on the new Zoning Committee, if that is the Board's wish.
* MOTION: To appoint John Dunn as the Board's representative on the
Zoning Committee.
Mahana /McNair VOTED: 5 -0
The Town Manager said he had talked with Ralph Seifert, of the IDC, and
Ralph wishes to be on the committee as the IDC representative.
There were then some questions from the Press concerning Article 14; they
were advised that the Board would not discuss it because there is pending
litigation at this time.
11. New Business
a) The Town Manager said the Finance Committee plans to meet November 5th,
and he plans to meet with them. He asked if the Board wished to have
a joint meeting with the Finance Committee to discuss some of the issues
on the Warrant. The decision was that the Board would like to meet with
them after their meeting, at a regular Board meeting.
b) The Town Manager passed out a brochure on the CARD Program (Commercial
Area Revitalization District Program). He pointed out that the Town has
had this program for sometime, but it has expired. The question is, does
the Board wish to re- apply. It requires satisfying basic eligibility
requirements and outline the overall strategy proposed to accomplish re-
development of a commercial area.
* MOTION: To requalify for the CARD Program. McNair / Mahana
VOTED: 5 -0
BOARD OF SELECTMEN
r MINUTES OF MEETING
OCTOBER 23, 1985
PAGE 9
c) Selectman Dunn said the downtown area development seems to have stopped,
and he would like to see it completed at least down to South Main
Street. It was suggested that application for another Public Works Grant
is needed, and should be a goal and objective for next year's budget.
d) Chairman D'Onofrio advised the Board members that it is time for liquor
license renewals to go out, and asked the Board to give thought to
whether they want to raise any or all of the fees; he then read the cur-
rent fees. This will be decided next week.
12. Executive Session
* MOTION: To go into Executive Session for the purpose of discussing contract
negotiations, and to come out only to adjourn.
McNair /Dunn POLLED: 5 -0
13. Adjournment
The meeting was adjourned at 11:25 P.M.
f) F` jt
Date signed