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HomeMy WebLinkAboutBOS MINUTES 3-13-1985e BOARD OF SELECTMEN MINUTES OF MEETING 11ARCH 13, 1985 PRESENT: Chairman Wills; Selectmen D'Onofrio, McNair; Town Manager; Selectman Dunn - arrived at 7:35 P.M., Selectman Levine at 7:40 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of March 6, 1985 * MOTION: To approve the Minutes of March 6, 1985. McNair /D'Onofrio VOTED: 3 -0 2. Warrant #38 * MOTION: To approve Warrant #38 in the amount of $718,543.17, dated March 13, 1985, broken down as follows: General Fund - $252,629.50 Revenue Sharing - 6,666.67 Special Revenue - 2,031.24 Motor Pool - 144.58 Sewer Enterprise - 2,426.12 Water Enterprise - 4,142.84 Electric Enterprise - 450,502.22 McNair /D'Onofrio VOTED: 3 -0 3. Licenses and Permits a) Sunday Entertainment License for two (2) video -type games for A & A Pizza, 365 N. Plain Street. * MOTION: To approve the A & A Pizza Sunday Entertainment License. McNair /D'Onofrio VOTED: 3 -0 b) Application by Codex, Forbes Blvd., for sewer connection takeover allo- cation, from Fairfield Optical. * MOTION: To approve the sewer connection takeover allocation for Codex. D'Onofrio /Dunn VOTED: 4 -0 c) Special School Payroll Warrant, omitted from regular payroll, in the amount of $473.98. * MOTION: To approve the Special School Payroll Warrant in the amount of $473.98. D'Onofrio /McNair VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING MARCH 13, 1985 PAGE 2 4. Correspondence a) Letter from Dept. of Revenue re: UMAS system of accounting. b) Letter from National Trust for Historic Preservation re: Revitalization of small cities downtown areas; referred to DAC and Historical Commission. c) Letter from James J. McLaughlin, Jr. of the Mansfield Permanent Fire- fighters Association re: Quoted Town Manager statement in Sun Chronicle. d) Letter from Secretary of Executive.Office of Consumer Affairs and Busi- ness Regulation re: Consumer's Guide to Telephone Service pamphlet. e) Letter from Stephen L -. -- Benoit, TreMont Landscape Constructions, to the Town Manager re: Donating a tree to the Town of Mansfield; copy of the Town Manager's reply is attached. f) Copy of letter from SRPEDD to Executive Office of Environmental Affairs re: MEPA report on the Great Woods Performing Arts Center. g) Letter from Atty. Mary E. O'Neal to the Chairman of the Board re: Great Woods Performing Arts Center Entertainment and Liquor Licenses. h) Notice of Public Hearing by DPU re: Cost of Gas Adjustment Clause. i) Letter to Chairman of the Board from Town Clerk re: Electronic Voting Machines. 5. Juror Selection a) New Bedford Superior Court, Criminal Session, April 1, 1985 - Alfred H. Slaney, Jr., 140 Oak Street - Harry J. Salerno, 223 Ware Street - George Butler, 82 Oakland Street, Twin Oaks Apt. #49 - Charles M. Panagopoulos, 8 Chilson Street b) Fall River District Court, 6 -man jury, April 1, 1985 - Victoria Lawrence, 161 Fruit Street 6. Lycott Environmental Research, Inc. Lee Lyman, President of Lycott Environmental Research, Inc., was present, along with Mansfield's DPW Director, Joe Zeneski, to answer any questions the Board member might have on the Final Report Phase II Study of Mansfield Landfill, submitted by Lycott and dated January 29, 1985, copies of which the Board had received earlier. The DPW Director gave each Board member a copy of a letter from Lee Lyman, which commended the Town and its Selectmen ( for having the foresight to pursue the further study of the landfill and its leachates. The letter states that at the present time Mansfield does not Pa BOAR OF SELECTMEN MINU' S OF MEETING MARC R.' 3, 1985 PAGE f 7. (�e F have add ious problems with surface or groundwater contamination with regard to i`ts'fandfill operation, but cautioned that diligent effort must be Out into making sure that all refuse entering the landfill is of non- hazardous materials and that these materials are properly covered daily. The recommendation of Mr. Lyman is that two additional wells be installed and tt together with four other wells located around the landfill, these will be analyzed at 6 -month intervals in accordance with State requirements. There was some discussion about rate of movement of the plume towards the Canoe River; Mr. Lyman says about l foot per year and it is presently some 340 feet away. The Town Manager asked about when the Town ,should begin to %LLnight. or, or trap, to prevent pollution in the, r' <iver, particu- be'done while it is contained withah Towh -owned land. d about the sludgeand odor. Mr Lyman said they are in ing it at present. 'Both Mr. Lyman and Mr. Zeneski were Aialonight. As a result of last week's discussion concerning a home occupation on East Street, Town Counsel was present to explain his interpretation of the Mans - field By -law covering such use and the phrase "customary home occupation ". He outlined it as being quite restrictive in 1972; between 1975 and 1983 the Planning Board made is less specific; and in 1984 the Planning Board tightened up the regulations to apply solely to inhabitants of the building and solely within the building. He said the Bookers had moved to the,prop- perty,in,1983 when the less restrictive By =law applied. The By -law does not specify what "customary" is and does not require the businessi.owne' to 'own home, the�Grandfather clause protects the person in the house, not the {eiiR y If the property and'the business *re sold today, the new owner c'All ue_ the business., After some �`i�1f7onS from Board members, the Chairman ack- nowledged Margot e ih'I', had asked to speak to the Board regarding this matter tonight. She passed out a packet of information to each Board member and then read, and elaborated on, her letter contained in the infor- mation handed out. In essence, she pointed out that the original Building Permit, issued to Douglas King in 1981, was for a garage to park cars and farm equipment, that the accessory building was larger than permitted, that Mr. King still owns the property, plus other facts which, she claimed, all indicated violations by the Building Inspector. She summed up her presenta- tion by asking the Board of Selectmen to fire Bert Cook, the Building Inspec- tor. Town Counsel's reply to Mrs. Jellinek's statements was that this is a matter pf ;`40 tng policy and, if someone is aggrieved by an act of the Building In- speetor they oan go to the Zoning Board of Appeals. The Chairman asked if the pharse "ShVrartantr�if the "#I171diA ", is significant; Town Counsel said it is vague. Town Coluh'sel' sati'tf a «tf%p`e °of business is not excluded, so can be included; it is a matter of interpretation. There was some discussion, BOARD OF SELECTMEN MINUTES OF MEETING MARCH 13, 1985 PAGE 4 with resulting indication that the Board agrees it is not the Board's posi- tion to make a decision about the Zoning By -law and, as Town Counsel stated, the aggrieved person isthe.one to go to the Board of Appeals. At this point, Mr. & Mrs. Kirby the residents who raised the initial issue, identified themselves and stated that the building had never been used for agriculture, and they just want to know where does it stop? The Board advised them to go to the Board of Appeals and cautioned them that it must be done within 30 days of the Building Inspector's decision. Town Manager's Budget The Town Manager opened by saying the big issue is personnel. Selectman D'Onofrio said he would like to discuss the School Department's discussion at the Tuesday night meeting with the Board of Selectmen and Finance Commit- tee, when the School Department took the position that it is up to the voters to decide what to appropriate and what not to appropriate. He suggested that perhaps the Board should take the same attitude. * MOTION: That the Board of Selectmen's position is to support the Town Manager's original budget in its totality. Dunn /D'Onofrio The Chairman said the Selectmen would then amend the Finance Com- mittee's position at Town Meeting. Selectman D'Onofrio said al- though he is opposed to this, he will vote for it because it is the same every year - the School Department gets what it wants and the municipal budget gets all the cuts. He added he has infinite faith in the Town of Mansfield voters once they are given all the information. The Town Manager voiced concern over leaving it up to the voters. MOTION: To table. D'Onofrio /McNair OPPOSED: 4 -1 McNair abstained It was noted that the Finance Committee is required to make a pre- sentation to the Town; Selectman D'Onofrio does not feel that should exclude the Board. Also, there has to be the Town Manager's report. Original motion VOTED: 4 -1 Wills opposed Warrant Articles The following Articles were voted as indicated: Article 14 - Reserve Fund. To support McNair /Levine VOTED: 5 -0 It was noted that next year there must be an article to put something into the Stabilization Fund. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 13, 1985 PAGE 5 Article 15 - WWII Scholarship Fund. To support McNair /Dunn VOTED: 5 -0 Article 16 - School Department unpaid electric bills. - The Board is the sponsor of this article because it is proced- ural policy. - The Board does not recommend this article unless the School Department takes some funds from their budget to pay these bills; the money was allotted once and should not have to be raised a second time. Article 19 - $18,000 HUD loan reimbursement. To support McNair /Dunn VOTED: 5 -0 Article 23 - Study for contracting municipal services of ambulance and oper- ation of the landfill facility. - To support McNair /Dunn VOTED: 5 -0 Article 24 - Re- evaluation of town's water system. - Support, subject to the amount of money. D'Onofrio /Dunn VOTED: 5 -0 Article 25 - Electronic Voting Machines. Board's support is implicit. Article 27 - High School Roof. No support Article 28 - High School Roof facia flashing. Opposed McNair /Dunn All abstained Article 29 - High School wood shop dust arrestor. No recommendation Article 30 - Authorize Treasurer to borrow in anticipation of State and Federal grants for safety improvement projects at the Mansfield Municipal Airport. - To support, subject to no net cost to the Town. D /Onofrio /Gunn VOTED: 5 -0 Article 31 - $100,000 for State mandated recertification for FY -87. - To support McNair /Dunn VOTED: 5 -0 Article 32 - Conservation Commission for stream cleaning. - No position because details are not known. Article 33 - Transfer to Conservation Land Acquisition Fund. To support D'Onofrio /McNair VOTED: 5 -0 Article 34 - Reimbursement of PWED Grant for Winthrop Street parking lot and transfer for signal improvements and high hazard safety improve - ments at intersection of North Main Street and Rt. 106. - To support D'Onofrio /McNair VOTED: 3 -2 Wills and Levine opposed Subject to approval that Town will have control of the parking lot. BOARD OF SELECTMEN MINUTES OF MEETING (" MARCH 13, 1985 PAGE 6 r Selectman Levine left the meeting at this point. Article 36 - Development of an architectural plan for new Library space, and to include remodeling present Town Hall /Police Station facility into a permanent library facility, etc. - To support, subject to a reasonable amount of funding. Dunn /D'Onofrio VOTED: 3 -1 McNair opposed Article 42 - To hire a Town Engineer. - To oppose Dunn /no second - To approve McNair /D'Onofrio - This would increase Town personnel by one; Selectman Dunn feels it is the Town Manager who suggests the need for additional personnel. Selectman D'Onofrio questioned whether one man is sufficient to do the job and do it well; the Town Manager said he feels within the next year or so there will be a need for a_second person. - Motion to approve: FAILED: 2 -2 Dunn and Wills opposed Article 51 - Update the Master Plan. - To support D'Onofrio /Wills The opinion was expressed that this is an area that needs to be worked on and in which the Town has been deficient. Chair- man Wills said he will recommend sufficient cuts in other areas in order to come up with the amount needed for this. - VOTED: 3 -1 McNair opposed 10. Selectmen Business a) Selectman Dunn expressed concern over the status of contract operations. The Town Manager said Paul Kenney will be present next Wednesday to bring the Board up -to -date. b) Selectman D'Onofrio advised that he had noted what appeared to be possible dumping of debris on the Jackson /Gonsalves property and asked whether it would be possible to protect this property. The Town Manager will check into this. 11. Adjournment * MOTION: To adjourn at 10:43 P.M. D'Onofrio /Dunn VOTED: 4 -0 Date signed