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HomeMy WebLinkAboutBOS MINUTES 11-26-1985BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 26, 1985 PRESENT: Chairman D'Onofrio; Selectmen Dunn, McNair, Mahana; Town Manager 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of November 20, 1985 MOTION: To approve the Minutes of November 20, 1985. McNair /Dunn 3. Warrant #23 VOTED: 3 -0 Dunn abstained MOTION: To approve Warrant #23 in the amount of $830,874.19, dated November 26, 1985, broken down as follows: General Fund - Revenue Sharing - School Lunch - Special Revenue - High School Roof - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise - McNair /Dunn VOTED: 4 -0 4. Licenses & Permits $673,104.53 19,906.76 23,731.11 16,047.31 2,982.10 51.36 11,266.41 13,954.90 69,829.71 a) Application by Margery King for a change of name on The Store liquor license, due to the death of her husband, whose name is presently on the license, together with Margery King. MOTION: To approve the change of name to just Margery King on The Store liquor license. McNair /Mahana VOTED: 4 -0 5. Correspondence a) Copy of Compo Industries, Inc. report to DEQE re: Sept. 5, 1985 chem- ical spill. - A copy is on file with the Right -To -Know Coordinator (Health Agent); also, in the Town Manager's office. b) Copy of letter to Chairman of Conservation Commission from Town Counsel, re: Town of Mansfield vs. Leon Grant. BOARD OF SELECTMEN MINUTES OF MEETING ( NOVEMBER 26, 1985 PAGE 2 c) Copy of letter to Director of Civil Defense from President of Mansfield Norton Midget Football re: Appreciation for "little services which Civil Defense performs on an on -going basis ". This was read aloud. d) Binding Arbitration Alert from MMA, with copy of Chairman D'Onofrio's letter to Rep. Bill Vernon. e) Letter from Gov. Dukakis re: Mass. Housing Partnership. f) Letter from Atty. Charles E. Bennett re: Karl D. Clemmey covenant to the Town; a requested addition. - Discussion followed, with Board members wanting to know what the in- tent of this covenant was. Selectman Dunn felt it would be helpful to see an overall plan /map. The decision was to table any action until more information is available, and to request Clemmey's attor- ney to provide it. Town Counsel was present and said it concerns land around Great Woods. - Later in the meeting Karl Clemmey came in to the meeting with a copy of the covenant and maps, and attempted to explain the situation. It appeared that his 20 acres have no access /egress, and Atty. Bennett's letter's was suggesting a correction to this issue. - Chairman D'Onofrio asked Town Counsel to research this and get back to the Board at a later date. g) Letter from Robert Marshall re: His term as Constable. * MOTION: To send Mr. Marshall a letter thanking him for his services over the past years. McNair /Dunn VOTED: 4 -0 h) Letter from Mass. DPW re: Force Account Agreement relative to rehabili- tation of bridges over High and West Streets. i) Letter from Army Corps of Engineers re: Progress inspection of WWTP December 13th. 6. Jaycees Scott Kinney, President of the Jaycees, Mike Thompson, who headed up the Haunted House, and Dave Mochi were present, along with Fire Chief Sliney, to present him with a check in the amount of $4,902.02 towards the Jaws - of -Life; this represented $1.00 per admission to the Haunted House this year. Scott Kinney thanked the Town for its support, and Chairman D'Ono- frio thanked the Jaycees for their many services for the Town of Mansfield. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 26, 1985 PAGE 3 Chief Sliney then said he has placed the ad for bids for the Jaws -of -Life, and the bids will be opened in two weeks. He also announced that the fire horn and siren in West Mansfield and Central Station have been shut off; they have been replaced by a new paging system. He cautioned, however, that the horns will still go off at 8 A.M. and 8 P.M., because they must be kept operative. * MOTION: To send a letter of appreciation to the Jaycees and the Elks and Joe Brugliera for their contributions to the Jaws -of -Life. McNair /Mahana VOTED: 4 -0 7. Public Hearing /V.F.W. Liquor License Extension The Clerk read the Notice of Public Hearing. Edgar Tears, Commander of the Post, was present, along with Kendall Southern, Manager of the Bar. They presented the Return Receipts from all the abutters; then explained that the addition, for which the license was being granted, would be basi- cally a function room, but they will occasionally be using it for banquets when a portable bar will be employed. Selectman Dunn said he has never heard any complaints against the VFW. * MOTION: To approve the extension of the license to include the V.F.W addition to their building. Mahana /Dunn VOTED: 3 -0 McNair abstained 8. Douglas Tarble /Merckens Chocolate Factory Mr. Tarble, Plant Manager had asked to discuss the increase in sewer rate for them. He had talked with the DPW Department several times, but had never been able to reach the Director, had recently talked with the Town Manager, who recommended he present his problem to the Board. His concern is that 100% of the sewer charge is based on the amount of water used; how- ever, a great deal of their water is not going into the sanitary sewer sys- tem. They return clean water, monitored by EPA, into the storm system (Back Bay Brook) which flows into the Norton Reservoir. He said less than 10% of their metered water goes into the sewer system; the bulk is used for cooling and heating. Chairman D'Onofrio said he believes the request is certainly consistent with EPA guidelines, but he felt a financial impact would have to be made, due to the necessity for redistribution of approximately $200,000 in user charges. He said he views Mr. Tarble's problem as symptomatic of the cur- rent economic squeeze. The Town Manager cautioned that industrial cost recovery is being studied now and it may raise costs for effluent of in- dustries at some future time. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 26, 1985 PAGE 4 Mr. Harrington, a resident of Mansfield, voiced concern that residential people are also paying heavily for sewer rates and that, if industrial rates are reduced, residents will then have to make up the difference. He feels businesses get tax breaks, home owners don't. He also suggested that Mr. Tarble put the money for the past three months' bills, which he said he has not paid, into an interest bearing account until the matter is re- solved. The Chairman answered that by saying he won't do that; instead he is going to demand that they pay at least the water bill. Mr. Tarble said he will do that. Mr. Tarble only asked that, if possible, the entire is- sue be resolved by the end of the year. Ed Broderick Ed Broderick had asked to be allowed to present a proposed "cluster zoning" for a large parcel in West Mansfield. He said he has hired a planning con- sultant and talked to the Planning Board about his proposal. He had three proposed zoning by -laws appropriate for cluster zoning, and proposes a Special Permit by the Planning Board for cluster zoning. He feels that with several boards involved much sooner in the development, it is possible to make much better use of land. He expects to have a severing proposal and financial impact for West Mansfield soon. Ed showed the Board a lay- out plan for a cluster development which he felt was a good one, and he invited the Board to take a tour of it on December 1st. Selectman Dunn said he feels cluster zoning allows the town more flexibility and that the Special Permit procedure possibly includes precautions for protection of cost and completeness. 10. Old Business a) The Town Manager had distributed a copy of Tow -Away Zone Regulations for the Town of Mansfield to each Selectman. He reviewed it briefly, reminded the Board that it must be approved by the State DPW before im- plementation for the Crocker Street problem. Selectman Mahana said he would assume any towing operator would be bonded. MOTION: To adopt the Tow -Away Zone Regulations as presented. McNair /Dunn VOTED: 4 -0 b) The Town Manager referred to the Job Descriptions he had written for the Director of Public Works and Town Engineer; also Construction In- spector, copy of which each Selectman had received. Selectman Dunn asked how the Grade level for the Town Engineer was determined, noting that it was higher than the Police and Fire Chiefs. The Town Manager said by salary range and being established as a separate department head. Selectman Dunn wondered if the same measurement system had been used as established, with the help of the MMA, in 1983; adding that per- haps Rande didn't even know of it. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 26, 1985 PAGE 5 * MOTION: To adopt the Job Descriptions and Grade, subject to veri- fication. McNair /Dunn VOTED: 3 -0 Mahana out of room c) Selectman McNair reminded everybody of the Christmas Light Ceremony Monday, December 2nd at 6:30 P.M. d) Chairman D'Onofrio advised everyone that Tighe Trucking has applied for approval of their plan for site development on Oakland Street. He said the Planning Board has given a negative.recommendation to the Building Inspector. The Chairman said the Board may want to consider a position and discuss its perspective on this proposition. * MOTION: That the Board send a recommendation to the Building Inspec- tor which is consistent with our position on the Foxboro Terminals, as it applied to public safety issues. Dunn /McNair Selectman Dunn reiterated what has already been said pertain- ing to public safety issues and Foxboro Terminals, and said that if a permit is issued, the Board should use the right of appeal through the Zoning Board of Appeals on grounds of pub- lic safety issues. Chairman D'Onofrio questioned what Town Counsel's position would be with Board opposition; Town Counsel was present and said he could not represent two boards, and his responsibility would be to the Board of Selectmen, who hired him. The Building Inspector's position would have to be defended by outside counsel. The Chairman suggested that the Town solicit the State to look at the problem of safety in that area; also, possibly SRPEDD. Motion VOTED: 4 -0 e) Town Counsel advised the Board that a release was needed for the Inter- national Surplus Lines, Inc. (Query & Kelliher) agreement, which was settled at no cost to the Town. * MOTION: To accept the settlement agreement and execute the release for International Surplus Lines, Inc. Dunn /McNair VOTED: 4 -0 f) The Chairman again mentioned dates for the last two weeks in the Month, since both Christmas and New Year's are Wednesday. He has scheduled meetings those two weeks for Monday, December 23rd and December 30th. BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 26, 1985 PAGE 6 11. New Business a) The Town Manager reported that one of the fire trucks had been in- volved in an accident, the other vehicle at fault. There was some damage to the aluminum body; the usual insurance procedure is being followed. Cost may be $40,000, but no liability to the Town. b) The Tom Manager said he was unclear on the Dog Officer position in the personnel line. He said he would like the Board to place the position into a department, and suggested the Police Department as the most appropriate, he thought. * MOTION: That the Personnel Board have the Dog Officer report to the Police Chief. Dunn /Mahana VOTED: 4 -0 c) Selectman Dunn expressed concern about the Downtown project - the tele- phone poles still in the street, etc. The Town Manager will check with John Larch on this. d) The Chairman referred to his 11/21/85 Memo on Goals and Objective for FY -87, and posed the question "What is next ? ". It will be put on next week's agenda for discussion. 12. Adjournment * MOTION: To adjourn (at 10:30 P.M.). Mahana /McNair VOTED: 4 -0 T' / 'lf� Date signed