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HomeMy WebLinkAboutBOS MINUTES 2-6-1985BOARD OF SELECTMEN MINUTES OF MEETING FEB 2 11985 FEBRUARY 6, 1985 PRESENT: Chairman Wills; Selectmen D'Onofrio, McNair, Dunn; Town Manager; Selectman Levine arrived at 7:50 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of January 23, 1985 and January 30, 1985 * MOTION: To approve the Minutes of January 23, 1985. Dunn /D'Onofrio VOTED: 3 -0 Wills abstained * MOTION: To approve the Minutes of January 30, 1985. Dunn /D'Onofrio VOTED: 4 -0 3. Warrant #33 * MOTION: To approve Warrant 33 in the amount of $686,710.08, dated Febru- ary 6, 1985, broken down as follows: General Fund - $618,584.42 Federal Revenue - 6,666.67 School Lunch - 5,062.80 Special Revenue - 17,378.20 Motor Pool - 43.74 Sewer Enterprise - 2,513.21 Water Enterprise - 3,924.61 Electric Enterprise - 32,536.43 McNair /Dunn VOTED: 4 -0 4. Licenses and Permits a) Fuel Storage Application at 30 Winthrop Ave., by William C. Madan, 461 Franklin Street; application for three 10,000 gallon tanks for #2 home heating oil; application approved by Fire Chief Sliney. Mr. Madan was present and asked to explain the details. His option to purchase the property expires March 28th and this application's approval will permit him to acquire better financing. The need for this permit is contingent upon obtaining a Building Permit which is contingent upon the zoning not being changed by a petition of Bruce Willox which is an Article on the Annual Town Meeting Warrant for April. Selectman D'Onofrio said he would like to see documentation covering the financing; Mr. Madan was asked to have it in for the Board next week. The Chairman said the consensus is there will not be a motion to approve tonight. * MOTION: To table until next week. McNair /D'Onofrio VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 2 b) Transfer Request #2 for Electrical Inspector Fees, $1,721.81 for January. * MOTION: To approve Transfer Request #2. McNair /D'Onofrio VOTED: 4 -0 5. Correspondence, January 24 - February 6, 1985 a) Notice of public hearing by DPU, Feb. 13th, re: Various utility companies request that the Dept. amend its existing regulations governing cost re- covery under the Residential Conservation Program. b) Notice of a Water Legislation and Regulation conference, March 29th, spon- sored by Southeastern Cooperative Extension Service, Bristol Conserva- tion District and Division of Conservation Services. c) Commission Advisory from State Ethics Commission re: Multiple Office - Holding on the Local Level. d) Memo from Library Director re: New library space. e) Letter from Director of Civil Defense Agency and Office of Emergency Pre- paredness re: Monies expended for Emergency Preparedness. f) Open Letter to Board of Selectmen from Kathy Almquist re: Fire truck issue. g) Announcement from Foley, Hoag & Eliot re: Paul Tsongas becoming a member of the firm. h) Letter from the Director of Dept. of Environmental Management re: Tech- nical Assistance Grants from the Bureau of Solid Waste Disposal, and Annual Landfill Report to be completed by the municipality. i) Invitation from the Mansfield Jaycee Women to an Ecumenical Prayer Break- fast Saturday, Feb. 16th, 10 A.M. j) Letter from SRPEDD re: A representative to the Joint Transportation Plan- ning Group; this position is to be advertised. k) Letter from Rep. William Vernon requesting a meeting with the Board; the Town Manager will try to coordinate this for February 20th. 1) Letter from the Recreation Commission re: New officers. m) Memos from Police Chief re: Radar citations and disturbances related to licensed liquor establishments, for both weeks. n) Notification from MMA re: 10th Annual Legislative Conference Saturday, March 30th. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 3 o) Letter from Dept. of Revenue re: Opportunity for communities to convert to the Uniform Municipal Accounting System (UMAS); Mansfield presently conforms to this guideline. p) Notification from Army Corps of Engineers re: Inspection of the waste- water treatment plant. q) Letter from Attorney John P. Mulvee re: Christophers Lounge. r) Copy of a letter from SRPEDD to Mass. Industrial Finance Agency approving the application of BE -CO Realty Trust for a $3,800,000 Industrial Revenue Bond. s) Notification from Dept. of Environmental Management re: Assessment for tree and pest control for the next fiscal year; referred to the DPW Dir- ector. t) Copy of a notification from the Dept. of Revenue to the Board of Assessors re: Equalized values in Mass. u) Letter from MMA re: FY -86 dues assessment of $1,153. v) Letter from Mr. & Mrs. William J. Kirby, 1407 East Street, re: Problem with trucks in a residential area. - Discussion followed on this with the Town Manager explaining that this building (in pictures provided) had been used as a body shop, but is now used for computer equipment. The Board asked the Town Manager to research a possible restriction, such as curb cuts, for moving vans dealing in a residential area. 6. Informal Hearing, Mark Audet Mark Audet was present, and the Clerk read the account of the January 23rd Dog Complaint Hearing, as covered in the Minutes of that meeting. The Chair- man then asked Mark to show cause why his license should not be revoked. Mark said he has never had more than 10 dogs and his license is for 10 dogs; he also said at present he only has 6 and he is keeping the dog which caused the problem in his house, and the Dog Officer, or anyone, is welcome to come to inspect the kennel 24 hours a day. When asked why he did not attend the hearing, he said he felt it was a farce; he didn't have vicious dogs. Two Selectmen made it clear he should have been present. Selectman Dunn asked him what he has done to confine the dogs; he said he now has a 6 foot chain link fence on the side of the complainant and will have the entire area en- closed by summer. He has 1 German Shepherd and 5 Pitbulls at present; he breeds and shows the Pitbulls. Selectman D'Onofrio asked him if he intends to comply with the Town's leash law and will keep the dogs confined; he said he would. Chairman Wills asked if the Dog Officer, or a Town official, could come on his property to inspect it at any time; Mark said "Yes; 24 hours a day. Chairman Mills also told him he must understand the Town of Mansfield has the right and duty to pick up and destroy dogs if they are vicious, and BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 4 and your neighbors have to make a complaint if you are not complying with the lava. Mr. Van Tyle, the complainant was also present and reported there * had been no further trouble from Mark Audet's dogs since the hearing. * MOTION: To withdraw the pending suspension of Mark Audet's license with the understanding that if any more complaints come before this Board from anybody, we will definitely close the kennel. McNair /Dunn VOTED: 5 -0 Mr. Van Tyle then requested that when the Dog Officer is well that he go check Mr. Audet's kennel. 7. Old Business - Town Manager The Town Manager reviewed his Memo covering the Articles for Town Meeting; there is a total of 51. 8. Budget Review - DPW Because the Agenda was light, the Chairman and Town Manager thought it would be good policy to review the DPW budget at this meeting; Joe Zeneski, DPW Director was present. There was some discussion on elimination of one position in the Water Divi- sion, which will then be assigned to Public Buildings as a Maintenance Fore- man, and one Laborer will be added. Salaries and expenses were reviewed, with the DPW Director explaining his reasons for increases in some areas. He has included $20,000 under Highway Expense Construction for a highway sur- vey to obtain a priority maintenance schedule; Chairman Wills does not ap- prove of this expense; it was discussed but not resolved. The DPW Director also has included purchase of a backhoe under Landfill Equipment & Mainten- ance; the Board thought it should come from Capital Improvements funds. This led to the amount of Revenue Sharing left and how much can still be bought with it prior to its demise. The Town Manager suggested putting Rubbish Collection back in the tax base, thus leaving that $90,000 available in Rev- enue Sharing. There was also discussion over whether the townspeople should pay for Debt in the water rates, or should it be in the tax base because it is in sewer rates. The question was raised as to what action would follow, should the Special Town Meeting vote to not approve appropriation of money for contract opera- tions; what does the Board do? * MOTION: Does the Board wish to ask Town Counsel the effect of a vote at the Town Meeting to not appropriate the money for contract opera- tions? Dunn /Levine VOTED: 3 -2 Wills, McNair opposed BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 5 Old Business - Town Manager (cont'd The Town Manager had prepared a Memo covering Transitional Procedures for steps to be taken prior to his formal termination of services. It included his request that the Selectmen approve March 29, 1985 as his last formal day in the position of Town Manager. He went on to explain that as of that day he will have accrued one month of vacation time which, when taken into consideration with the 90 -day notification requirement of the employment agreement, is sufficient notification for the Town. The Memo went on to list a suggested agenda to provide a smooth transition. 1) Selection process for a new Town Manager. Each member had received a suggested application form and suggested advertisements for the Boston Sunday Globe, the ICMA Newsletter and the Beacon. His suggestion was that the position be advertised as soon as possible; also that the Board give serious consideration as to who will serve in an interim capacity until a permanent manager is hired. 2) Town Meeting Preparation. The Town Manager feels his leaving should in no way alter the schedule for Town Meeting; the material must be ready for the printer March 15th. This will require the Selectmen and Finance Committee to have agreed on their final reports prior to preparation of the document for printing. He offered suggested dates for the Select- men and Finance Committee to accomplish this. 3) Capital Improvements Budget - The Town Manager suggested two dates for the Capital Improvement Committee to meet to discuss the program in order to have the review of their budget completed and ready for submission to the Selectmen and Finance Committee at their meeting of suggested March 3rd. The Memo then listed issues which still have to be resolved: 1) Revenue - The final revenue projection must be refined. - The Board of Selectmen /Light Commissioners must decide on the revenue from the Electric Dept. as payment in lieu of taxes; this was further defined. - Ambulance Fund; there is not sufficient revenue to fund the entire operation over the next fiscal year. - Revenue Sharing; the Town Manager has proposed removing trash collec- tion and placing it back on the tax rate; this was further defined. 2) Completion of Collective Bargaining Agreements The Fire Dept., DPW and Clerical Assoc. are in negotiation. If they are settled prior to Town Meeting, appropriations will be increased accordingly. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 6 3) Salaries for non -union employees. - The salaries included in the budget represent merit increases only, with no cost -of- living adjustments. 4) Operation of the Wastewater Treatment Plant - A formal decision on contract operation will be made on March 4th at the Special Town Meeting. 5) Right -to -know Legislation - To meet the Right -to -know requirements, additional appropriation of funds will have to be made., although cost of this is going to be re- imbursed by the State. A decision as to who will be the Right -to- know Officer must be made. 6) Land Acquisition for Water Supply. - The Town Manager has been working with property owners for acquisi- tion of property and, hopefully, will have details of at least one agreement prior to Town Meeting. Items still outstanding for which a procedure will have to be established: 1) Completion of commuter parking lot involving a land swap between Clem - mey and the MBTA. 2) Preparation of the Town for the municipal audit. 3) Foxboro and Norton sewer negotiations. 4) Review transition procedures with all department heads. 5) Outline of procedural responsibilities of the Town Manager's office. - Selectman Dunn said he would like to see a priority list and status; the Town Manager agreed to provide this. * MOTION: To approve March 29, 1985 as the last, final day for the Town Manager. Levine /Dunn The Chairman added, what we are saying is that we expect the Town Manager to prepare for the Annual Town Meeting, but that he will not be there. The Town Manager offered to prepare a complete folder on each Article with all the information pertaining to it. VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 6, 1985 PAGE 7 10. Town Manager Search Committee Selectmen Levine and D'Onofrio presented suggested changes in wording of the two suggested advertisements which the Town Manager had presented, and there was some discussion over the salary phrasing, as well as the deadline for responses. The Chairman made a motion to send the ads in the way they were written; there was no second. Further discussion ended with the salary to be indicated as: Salary negotiable; present salary $37,890. * MOTION: To have the response date of April 1. McNair /Levine VOTED: 5 -0 AMENDMENT: Reconsider the date to March 15th. D'Onofrio /Levine VOTED: 4 -1 McNair opposed The ads are to be placed immediately. In reviewing the process of selec- tion of the new Town Manager, it was felt July 1st should be the date for the new one to start; this would coincide with the beginning of the fiscal year. The Chairman then said in view of this time span, the town must have an Acting Town Manager as of 12:01 March 30th and that the Board needs the criteria for what they are looking for. He asked the Board to give this alot of thought over the next week and get the word out. Consensus was they would like to have someone by March 1st. It was suggested that it be put on cable TV. 11. Adjournment * MOTION: To adjourn at 11:38 P.M. D'Onofrio /Dunn VOTED: 5 -0 /MINUTES APPROVED: K lerk Date signed