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HomeMy WebLinkAboutBOS MINUTES 10-23-1985* * 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