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HomeMy WebLinkAboutBOS MINUTES 3-6-1985BOARD OF SELECTMEN MINUTES OF MEETING MARCH 6, 1985 (� MAR J A I 5 PRESENT: Chairman Wills; Selectmen D'Onofrio, McNair, Dunn; Town Manager 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of February 20, 1985 and February 27, 1985 * MOTION: To approve the Minutes of February 20, 1985 McNair /Dunn VOTED: 4 -0 * MOTION: To approve the Minutes of February 27, 1985 McNair /D'Onofrio VOTED: 3 -0 Dunn abstained 3. Licenses and Permits a) 3 Sewer Connection Applications by Michael Trowbridge (tabled from last week), Lots 1, 2 & 3 on North Main & Dane Streets. The Town Manager ad- vised that the owner is Michael Trowbridge; the applications provided the name of the excavator as Turtlebrook Excavating. * MOTION: To approve the three Sewer Connection Permits. D'Onofrio /McNair VOTED: 4 -0 b) Application by A & A Pizza for one (1) video -type game; it was noted they already have just one. * MOTION: To approve the one (1) additional video -type game. McNair /Dunn VOTED: 4 -0 c) Transfer Request #3 for $375.72, Electrical Inspector's Fees for Febru- ary; enough money was not appropriated for this account. * MOTION: To approve Transfer Request #3 in the amount of $375.72. D'Onofrio /McNair VOTED: 4 -0 d) Transfer Request #4 for $300.00, Board of Appeals Expense for advertis- ing hearings; due to an unexpected number of variance requests. * MOTION: To approve Transfer Request #4 in the amount of $300.00 (McNair /D'Onofrio VOTED: 4 -0 e) The Warrant for the Election and Annual Town Meeting was signed. BOARD OF SELECTMEN MINUTES OF MEETING ( MARCH 6, 1985 PAGE 2 4. Warrant #37 * MOTION: To approve Warrant #37 in the amount of $755,931.80, dated March 6, 1985, broken down as follows: General Fund - $589,297.77 Revenue Sharing - 628.43 School Lunch - 18,600.63 Special Revenue - 10,508.80 Motor Pool - 29.16 Sewer Enterprise - 3,138.22 Water Enterprise - 4,932.88 Electric Enterprise - 128,795.91 D'Onofrio /McNair VOTED: 4 -0 5. Correspondence a) Letter from Eugene P. Marsolais requesting permission to maintain approx- imately 450 feet of the right -of -way being used for the sewage treat- ment pipe; Town Counsel is reviewing. b) Memo from Town Treasurer re: Letter from Bureau of Accounts. c) Letter from Joseph St. Onge, Old Colony Diner, re: Sidewalk cafe permit. - The Town Manager is to review the change from a seasonal cafe to a per- manent, enclosed addition, for any change in handling this. d) Letter from State DPW Office of the Commissioner re: "Program of Projects to be Advertised, January 1985 through December 1986 ". e) Letter from Conservation Law Foundation of New England, Inc. re: Their manual "Underground Petroleum Storage Tanks: Local Regulations of a Groundwater Hazard" aimed at helping local communities address this prob- lem. - The Town Manager is to check on who should handle this and what has or can be done. f) Copy of a letter from Supt. of Schools to the Town Manager re: The School budget. g) Notice of Public Hearing from DPU re: Executive Office of Energy Resour- ces filed petition to conduct a rulemaking to amend the Department's rules governing sales of electricity by small power producers and cogen- erators. - Referred to the Electric Dept. Director with question as to how this might affect Mansfield rates. ( h) Notice of Public Hearing from DPU re: U.S. Telephone, Inc. BOARD OF SELECTMEN MINUTES OF MEETING ( MARCH 6, 1985 PAGE 3 i) Copy of Army Corps of Engineers report of inspection at Wastewater Treat- ment Plant February 20, 1985. j) Copy of letter from Executive Office of Transportation and Construction to Richard J. DeTucci, Dept. of Mental Health, re: Mansfield Housing Authority's request for land, on South Main Street, for a housing unit; the letter advises that this land had previously been committed to the Mansfield Conservation Commission. The letter states they will canvass the various section heads of the Department and officials of the Federal Highway Administration on the feasibility of lifting this restriction. k) Letter from Mansfield Housing Authority re: Tax Exempt Local Loans to Private Developers (80 -20 Program). 1) Letter from DEQE re: Approval by the State of Dustin Well for lime treat- ment system. m) Copy of letter from Chairman of Finance Committee to the Chairman of the School Committee re: Adjustment of the School budget's maximum. n) Letter from Dept. of Revenue re: State Cherry Sheet. o) Copy of letter from Francis Sarro to the Town Manager re: Damage to his car due to condition of street; claim is being processed and paid. p) Memo from Dept. of Revenue re: Information Guideline Releases. q) Letter from MMA re: Final agenda for the upcoming 10th Annual Municipal Association Legislative Conference, March 30th. r) Memo from the Police Chief re: Radar Violations and Disturbances Related to Licensed Liquor Establishments, February 20 - March 5, 1985. 6. Old Business a) In the time left before a scheduled Public Hearing Selectman McNair raised the question of Town Counsel's opinion concerning Mr. & Mrs. Kirby's complaint over a home occupation at a residence on East Street. The Town Manager advised that it was Town Counsel's opinion that the interpretation of the By -law and the information given the Kirbys by the Building Inspector was proper. Selectman D'Onofrio read the Building Inspector's letter to the Kirbys, then expressed concern for the By -law using the term "customary home occupation ", asking where does this end and commercial enterprise begin to merge? There was some discussion; Selectman D'Onofrio pointed out that the Building Permit was granted for a specific use - agricultural - now it is not an agricultural use. The question was also asked who is the owner of the property, and if not the people now operating the business, does this enter the picture? The Chair- man suggested asking Town Counsel to define "customary ", and these other i BOARD OF SELECTMEN MINUTES OF MEETING MARCH 6, 1985 PAGE 4 points raised; the Town Manager is to follow through on this. Public Hearing /Hatheway & Patterson Co., Inc. William E. Haynes, President of Hatheway & Patterson; was present to answer any questions concerning his License Application for a 30,000 gallon stor- age tank, aboveground, for a 7% aqueous solution of non- hazardous compounds. He gave each member of the Board a copy of their advertising literature covering use of this substance, which is as a fire retardant treatment for wood. It is not flammable nor toxic, and he advised that after approval by the Board, the application must go to the Mass. Dept. of Public Safety. Fire Chief Sliney was present and said he has no problem with it. At this point Margot Jellinek asked to read a letter from the League of Women Voters Hazardous Waste Committee. The letter asked the Board of Selectmen to re- quire Hatheway Patterson Co. to use a fiberglass tank, instead of a steel tank, because fiberglass lasts longer; also that a concrete platform or apron be required to collect and hold any spill, because the facility lies in the Rumford River Basin, which has a very high water table. They fur- ther suggested that approval be subject to final cleanup and removal as ordered_ by DEQE in 1982. The Board asked Mr. Haynes about such an order, and he said they are still monitoring the situation, but that DEQE had said they would like to close the file a year or more ago; Hatheway & Patterson asked them not to close it because of their continued monitoring. He also said they have complied with every requirement of DEQE. The hearing was then closed. MOTION: To approve the application for one (1) aboveground 30,000 gallon storage tank. D'Onofrio /McNair Selectman Dunn suggested contacting the Board of Health and the DEQE to see whether they have any concerns. AMENDMENT: Subject to favorable response from DEQE and the Board of Health regarding continuing problems. VOTED as amended: 4 -0 8. Public Hearing /Maverick Drive Speed Limit The Clerk read the Notice of Public Hearing to consider installing a speed sign on Maverick to lower the speed limit from 30 MPH to 20 MPH. The Town Manager then explained that a resident in that area had requested the speed sign because there is one resident who speeds ; the Police have not been able to catch him, but he has been spoken to and claims he does not speed. It had also been pointed out that there is a blind child in the neighborhood; there is a sign posted to that issue. Selectman McNair expressed his feeling that if the 30 MPH isn't adhered to, neither will the 20 MPH. When the Chair- BOARD OF SELECTMEN MINUTES OF MEETING MARCH 6, 1985 PAGE 5 man opened the hearing to the floor, Bob Petrone of 32 Maverick Drive, identified himself as father of the blind child, and said there are 30 children under the age of twelve in that neighborhood, so much concern for their safety, even though it is a deadend street. He felt the 20 MPH would be helpful. Selectman McNair said with the representation here tonight from the neigh- borhood, it would appear that it would put their minds at ease to post the lower speed limit. Selectman D'Onofrio agreed with this, stating his be- lief in a policy of public safety, and Selectman Dunn said he also supports it because of the number of young children. The Town Mnaager cautioned the Board members that if it is done here, there will probably be other requests and that the Police Department would have a problem enforcing many addi- tional areas. One difference here is there is a blind child. The hearing was then closed. * MOTION: To instruct the DPW Director to post a 20 MPH speed sign as soon as possible on Maverick Drive. McNair /D'Onofrio VOTED: 4 -0 9. Foxborough Board of Selectmen Andrew Gala, Dick Thompson, Bill Gaffey, Paul Lanza and Ernie Hirsch were present; also, the Town Manager introduced Alan Slater of DEQE, who served as sort of a mediator. Paul Lanza was the spokesman for Foxboro and opened discussion by stating that the problem seemed to be the issue of timing of their payment to Mansfield; that they do not want to make payment until they have their construction grant assured. He said, and it was repeated through- out the discussion, they cannot sell the Town Meeting voters for a payment without anything concrete to indicate that they will be able to proceed with the project. October 1st was targeted as the date for receiving the grant, with the feeling that if they do not by then, there may no longer be Federal funds available. When asked, Alan Slater thinks it can be done by October 1st, but said it will be very tight; Foxboro doesn't yet have a consultant; they don't yet own the land and to acquire a railroad easement is very diffi- cult, especially in a hurry, and should be "started as soon as possible. Paul Lanza said they would pursue the easement right away. In discussion Mansfield took the stand that they want to set a policy for all users, not just Foxboro; the Town Manager pointed out that Mansfield had asked its Town Meeting to authorize borrowing 30 million for the treatment plant and the risk was accepted. At this point the meeting was adjourned for a five minute caucus of both Boards. Foxboro came back still wanting to tie payment into receiving the grant. Chairman Wills emphasized his Board's need to see Foxboro committed, and that it._must report to Town Meeting also. He went on to say your voters may be satisfied when you receive a design grant, and we realize that asking you to pay and sign on the line by July 1 will put you in a bad position with your voters; we, therefore, will com- BOARD OF SELECTMEN MINUTES OF MEETING ( MARCH 6, 1985 PAGE 6 promise to allow you to go to your voters and suggest 50% July 1 and 50% October 1, with interest on the balance in the interim, which we feel is a useful compromise. Paul Lanza said they are sure of State funds, but not Federal, and a commitment to payment dates without assurance that the pro- ject can be built is very difficult. The Chairman's answer was that we need to make an agreement upon which the payment is definite, not contingent. The Town Manager then suggested putting the whole thing on hold until they receive their grant. Alan Slater stated that, assuming the plans and speci- fications are completed, and the grant is completed, we should have it by October 1; then reminded everyone there is an outstanding administrative order for Foxboro. Another five minute caucus was declared. Foxboro came back suggesting that the wording be changed to indicate payment within 30 days of construction grant receipt, or receipt of flow, whichever came first. Mansfield countered with 50% July 1, 50% when you get the con- struction grant. The Town Manager reminded both Boards of the need to come up with an agreement that both can support and go back to try to sell to the respective Town Meetings. Alan Slater then suggested an escrow account and that his department head would mandate the date for payment to Mansfield. Paul Lanza again stated, his group is in unanimous agreement that to go to their voters without anything concrete would be a disaster. Chairman Mills offered, no payment until October 1 and market interest rates on the capital payment which we thought due July 1; our voters want something positive, not something based on a contingency. At this point Foxboro's Chairman Dick Thompson voiced the feeling that all that is being accomplished at this point is repetition, that nothing more will be accomplished tonight, so suggested both Boards mulling it over and meeting again in a few days. This was agreed, with Chad Maurer and Andrew Gala arranging the next meeting date. Alan Slater said DEQE will do all it can to put the project through. Chad Maurer asked him to bring a schedule of what has to be done by October 1, to the next meeting. Chairman Wills advised the Foxboro Board that should they choose an escrow fund, it would not be for October 1, but earlier, he wanted them to understand. 10. Old Business (cont'd) b) Chairman Wills reminded the Board members of the Sunday 9:00 A.M. meet- ing with the Finance Committee. The Town Manager was asked to try to have the School Committee meet with them also, at 9:00 A.M., and the DPW at 10:00. Selectman McNair brought up presentation of the budget; this will be discussed at the Sunday morning meeting. 11. New Business a) Selectmen Dunn and D'Onofrio reported briefly on the Tuesday night Cap- ital Improvement Committee meeting, advising that they are looking at a ( fairly lean fund. BOARD OF SELECTMEN MINUTES OF MEETING ( MARCH 6, 1985 PAGE 7 b) The Chairman advised the Board that there was a Bristol County Advisory Committee meeting Saturday which he would not be able to attend. 12. Adjournment The Board was polled to adjourn, at 11:00 P.M.: 4 -0t MINUTES_APPROVED: k Date signed