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HomeMy WebLinkAboutBOS MINUTES 9-18-1985BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PRESENT: Selectmen Dunn, McNair, Mahana; Town Manager; Selectman Levine ar- rived at 7:45 P.M. 1. The meeting was called to order at 7:30 P.M. MOTION: That Norm Mahana be made temporary Chairman for this evening. Dunn /McNair VOTED: 2 -0 2. Minutes of September 11, 1985 140TION: To approve the Minutes of September 11, 1985. McNair /Dunn out Selectman Dunn pointed /a typographical error in the spelling of his name at the bottom of Page 4. VOTED: To approve as amended, 3 -0 3. Warrant #13 MOTION: To approve Warrant #13 in the amount of $1,499,023.45, dated September 18, 1985, broken down as follows: General Fund - $685,421.75 Revenue Sharing - 772.46 School Cafeteria - 4,787.29 Special Revenue - 13,168.48 Motor Pool - 54.15 Sewer Enterprise - 300,011.13 Water Enterprise - 21,395.20 Electric Enterprise - 473,412.99 McNair /Dunn VOTED: 3 -0 4. Licenses & Permits a) Ron Webster, of Webron Realty Trust, was again present in the hope of receiving approval for his Sewer Connection Permit as submitted last week, which was held over until the DPW Director researched it further and came back with a recommendation; Joe Zeneski was also present. He advised those present that he had a letter from Robert C. Currivan, Attorney, received August 2, 1985, which states that there is "litiga- tion which among other things involves the sewer line on Creedon Street and which terminates at Wood Avenue ". It goes on to present facts concerning private construction and ownership of the sewer line, by vote of the Board of Selectmen June 30, 1982, and that "While the public has a right -of -way over Creeden Street, this right does not ex- tend to the sewer ". He further states that "Extension of this sewer BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PAGE 2 line will, hopefully, be adjudicated at a trial commencing in Bristol County Superior Court on October 21, 1985 ". He went on to say that until October 21st, he requests that no action be taken until after October 21st, "in the interest of all parties ". The intention is to have the court establish, by court order, that there is an official agreement and determine if anyone has a right to connect into the sewer, or is it a public sewer. Ron Webster again stated that he wants to get his Building Permit, which requires a Sewer Connection Permit, but not his Occupancy Permit until the sewer connection is resolved. * MOTION: To table until after the court decision. McNair /Dunn VOTED: 3 -0 Levine abstained b) One -Day Beer and Wine Application for Saga Food Service of Mass., Inc., September 26, 1985, 3:00 - 8:00 P.M., at Sprague Electric Co. * MOTION: To approve the One -Day Beer & Wine License for Saga Food Ser- vice. McNair /Dunn VOTED: 3 -0 Levine out of room c) One -Day Common Victuallers License Application for Mansfield United Methodist Church, October 19, 1985, 9:30 A.M. - 3:30 P.M. * 140TION: To approve the One -Day Common Victuallers License for Mansfield United Methodist;Church, October 19, 1985. McNair /Dunn VOTED: 4 -0 MOTION: To waive the fee for the One -Day Common Victuallers License for Mansfield United Methodist Church. McNair /Dunn VOTED: 4 -0 d) Auctioneer License Application by C.B. Charles, 825 Woodward Ave., Pontiac, Michigan. * MOTION: To approve the C.B. Charles Auctioneer License Application. Dunn /McNair VOTED: 4 -0 e) Sewer Connection Permit Application by Pasco Construction for an ap- proved subdivision off Fruit Street (37 homes); fee of $370.00 paid. * MOTION: To approve the Sewer Connection Permit For Pasco Construction. McNair /Dunn VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PAGE 3 f) Transfer Request #2, Town Hall Expense, to pay for printing costs of the Mansfield Zoning By -Laws. No funds were appropriated for print- ing of the By -Laws, and it is likely that another printing will be nec- essary in the Spring. MOTION: To approve Transfer Request #2 in the amount of $445.26. McNair /Dunn VOTED: 4 -0 Ray Goddard Mr. Goddard had asked to present an on -going problem to the Board concern- ing his home at 496 Ware Street. In 1979 Mr. Goddard had insulation in- stalled in his home which turned out to be a cancer - causing formaldehyde based insulation; this caused his daughter to be sick, and she eventually moved out of the home. He then got permission to build a new home behind the contaminated one, after which the original one was to be destroyed or removed. He has had a case in court against the insulation company for several years and hopes that the next scheduled date of January 1986 will resolve the issue; he cannot do anything with the old house until the case is settled. In the meantime, the Assessors require that he pay taxes on this home; although, as he said, he cannot occupy it nor insure it, the Assessors say it has a value. He received an abatement in 1983 of 50% of the old house value, and has paid nothing since. He was asking the Board for a "stay" until the court case is settled. Asked if he had gone to the Assessors, he said they say it is worth half the value. If he disagrees, he can go to Tax Appellate Court, but has to have all taxes paid first. Selectman Levine said she could see Mr. Goddard's problem, but the Board has no jurisdiction over the matter. She questioned whether the Board might ask Town Counsel to see if there is any avenue to pursue; it is the judicial system that is holding Mr. Goddard up and causing him to have to pay the taxes. MOTION: To look at the legal aspects of this and see if Town Counsel can come up with something by September 30, 1985. McNair /Levine VOTED: 4 -0 Public Hearinq /Real Estate Classificati The Clerk read the Notice of Public Hearing; Al Turinese, Chairman of the Board of Assessors, and Peter Saunders were present, along with their Office Manager, Shirley MacPhee. Al Turinese said the percentages had hardly changed at all from last year, and the Assessors have voted to go with one rate again this year; Mansfield has almost 50% industrial and commercial. The hearing was opened to people in the audience and discussion followed from residents covering too much concern for industrial, rather than resi- BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PAGE 4 dential, weighing the balance between what industry vs. residential can bear, and some clarification as to what a Factor of 1 means, i.e., one rate for all classes. * MOTION: To support the tax classification Factor of 1. Dunn /McNair VOTED: 4 -0 The Clerk then read a Memorandum from the Treasurer /Collector recommend- ing that the Board of Selectmen request the Board of Assessors to proceed with the setting of the FY 1986 tax rate. She went on to say that she understands that the budget, as voted, is so close to the 22 cap that it would be unadvisable to hold up the tax rate for a special town meeting. * MOTION: That the Board of Selectmen ask the Board of Assessors to set the FY -86 tax rate. McNair /Levine VOTED: 4 -0 Peter Saunders said it is the policy of the Board of Assessors to release the tax rate to the Board of Selectmen and the School Committee at the same time, and he wanted everyone to know this. He also made note that re- evaluation during the upcoming year will make changes is taxes, which he wanted the public to realize. 7. Public Hearing /Foxboro Terminals The Public Hearing for Real Estate Classification was interrupted twice to open the scheduled Foxboro Terminals hearing, first to postpone the Real Estate Classification hearing for two minutes (McNair /Dunn VOTED: 4 -0), after which the Clerk read the Notice of Public Hearing, then a let- ter received at 4:45 P.M. this date, from David L. Petri, Chairman of Fox- boro Terminals, in which he requested an October 9, 1985 hearing date. The letter explained they were "rethinking (their) approach... ", so needed more time, and that they were going to ask the Planning Board for a contin- uance of 60 days. * MOTION: To continue the hearing until October 9, 1985. McNair /Levine Selectman McNair explained the reason to "continue" the hearing was so that it does not have to be readvertised. Selectman Dunn said he would like to bring it up to an earlier date, so that it would be certain to take place prior to the Planning Board's deci- sion, should they not grant the extension. Selectman McNair rescinded his motion. * MOTION: To continue the hearing without setting a date. McNair/ no 2nd BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PAGE 5 The two minute postponement.of the Real Estate Classification hearing was well over; it was suggested that the Foxboro Terminals hearing be delayed one minute; a motion was then made to postpone it until a later time, so that the Real Estate Classification hearing could be completed (Dunn /Levine VOTED: 3 -1 Mahana opposed). The Foxboro Terminals was then reopened and Selectman Dunn said he felt it was important to have a public hearing to document for the record the pub- lic concerns and opinions. Between Selectman Dunn and Levine it was de- termined to hold this evening's hearing (even though many residents who had called and /or who had come this evening, were not present due to being told and /or reading on the posted Agenda that the hearing had been postponed until October 9th), because there were many present and that they would be asked to not participate in the next hearing. Joanne Begley, a resident in the audience, then advised those present that the Planning Board had just voted to not grant the continuance to Foxboro Terminals and they would hold their hearing next Wednesday; their decision must be made by October 2nd. It was then established, by a consensus of the Board of Selectmen, that it ( will hold its public hearing next Wednesday (Sept. 25th) at 7:00 P.M., so that the information they garner may be passed on to the Planning Board in time for study prior to making their decision. Selectman Dunn said Fox- boro Terminals is delaying the process and not allowing the Planning Board to get all the information it needs in order to make a determination. If there are problems with the Planning Board process, it is the fault of Fox- boro Terminals. Joanne Begley also reported that the Planning Board had received a letter from the Police Chief concerning the impact of traffic from such a terminal; this because the Planning Board had asked for it. The Board of Selectmen then asked the Tom Manager to ask both the Police Chief and Fire Chief to be present for its hearing next week. The Chairman wants all input documented; the meeting was opened to those present. Scott Buttons gave the Selectmen a set of 5 blown -up photographs he had taken, over a period of three days at different times of the day, showing trucks negotiating the turn off of Crocker Street onto North Main. All clearly showed the inability of a tractor - trailer truck to make that turn without totally blocking the other side of the street. One resident gave the Board two photographs of an elementary school child, in the hospital, having been hit at the intersection of Hope Street and Rt. 106. Concern was expressed for speed, lack of sidewalks, sometimes lack of a crossing guard, increased traffic from train station, school hours, and industrial plant shifts. Chairman Mahana asked that the school bus schedules be in- cluded in information gathered, as well as input from the School Superin- tendent and School Business Manager. Someone spoke of the recent Roadway Management Committee meeting; minutes from that meeting are to be asked for. Another resident had taken the time to research Foxboro Board of BOARD OF SELECTMEN MINUTES OF MEETING ( SEPTEMBER 18, 1985 PAGE 6 Selectmen Minutes over a period of four years; he said there were count- less references to problems with Foxboro Terminals in Foxboro including one order of Cease & Desist from a judge. He also said there are many reports of vandalism in the police records in connection with Foxboro Ter- minal drivers. After a good hour of discussion, the hearing was continued until Wednesday, September 25th at 7:00 P.M. 8. Correspondence a) Letter from the MMA re: Federal Fair Labor Standards Act Workshop October 2nd; referred to Joan Cutillo. b) Mass. Dept. of Revenue "Information Guideline Release re: Local Option Hotel /Motel Excise. * MOTION: That the Town adopt Chapter 64G, Section 3A and that we en- act an excise tax limited to 4% on hotels /motels. Levine /no 2nd It was pointed out that the Board had received two letters on this pro - posal, when it first came up, from Manager of the Sheraton - Mansfield as well as Senior V.P. of Finance, Inncorp Resorts and Conference Cen- ters, opposing such a tax and why; and that Chairman D'Onofrio had re- sponded assuring them that there would be no action taken until a pub- lic hearing had been held on it. c) Letter to Chairman D'Onofrio re: Energy Audit Program for Commercial Entities, from Rep. Vernon. d) Copy of letter to Assessors from Dept. of Revenue re: Minimum residen- tial factor Mansfield may adopt and percentages of local tax levy to be borne by each class of property for.FY -86. e) Newspaper clipping from Boston Globe re: Consultant for music series at Great Woods Performing Arts Center (Don Law). f) Letter from United Way re: Erecting a sign on Mansfield Town Common for upcoming United Way campaign; referred to Recreation Commission. g) Letter from Easton Town Administrator, Daniel Morgado, re: Representa- tive to Self -Help. * MOTION: To approve a Town of Easton appointment to the Self -Help Board of Directors. Levine /Dunn VOTED: 4 -0 h) Letter from School Supt. Barbarisi re: Additional funds being requested for appropriation, if available. BOARD OF SELECTMEN MINUTES OF MEETING ( SEPTEMBER 18, 1985 PAGE 7 i) Letter from PIMA re: Impact of Supreme Court's decision that the Fair Labor Standards Act applies to municipalities. j) Request from Mansfield Band Parents Club re: Use of Memorial Park for the Second Mansfield Invitational Marching Band Competition, Oct. 20th; referred to Recreation Commission. k) Memorandum from State Auditor's Office re: Mandate Update - Right -To- Know. 1) Notice of Public Hearing by DPU on Oct. 17th re: RCI Corp. m) Memo from Police Chief re: Radar Citations and Disturbances Related To Licensed Liquor Establishments. n) Copy of Memo from Town Counsel to Planning Board re: Granting exten- sion to a Special Permit. o) Copy of ACTS, 1984 - Chap. 459, from the Secretary of State Office, re: Multiple Elective Offices. p) Copy of letter to Foxboro Terminals from Planning Board re: Issuance of a Special Permit. q) Letter from Atty. Rasmussen re: St. Don's problem at 581 Elm Street; Health Board and Town Counsel handling this. r) Petition to amend Town Zoning By -laws by adding to Section III. K. (Water Protection District); referred to Planning Board for hearing date. 9. Old Business a) The Town Manager had given each Board member a copy of the proposed changes in the Mansfield /Foxborough WWTP Agreement. He reviewed these briefly and then recommended approval of the agreement. He reminded the Board that time was of the essence (Selectman Dunn left the room for this discussion). * MOTION: That we accept the proposal with the minor changes as sug- gested iin the Memorandum of September 18, 1985 on the Agree- ment with the Town of Foxborough. McNair /Levine The Town Manager said Chariman D'Onofrio, DPW Director, Joe Zeneski, and Joan Cutillo, as Acting Town Manager, have spent alot of time on ( this Agreement. Tonight's Chairman Mahana seconded this and congratu- lated all of them. VOTED: 3 -0 BOARD OF SELECTMEN MINUTES OF MEETING 1 SEPTEMBER 18, 1985 PAGE 8 b) Selectman McNair said there is still a problem with parking on Crocker Street and that a Memorandum from the Police Chief indicates he feels it is a problem. Selectman McNair feels that a $5.00 fine is not enough to discourage the violators, and would like to see Crocker Street de- clared a tow zone area; that fee would help clear up the problem. * MOTION:_ To make Crocker Street in the 2 Hour parking limit area a Tow Zone area. McNair /Dunn Selectman Mahana suggested also extending the tow zone area to other areas that may feel the impact from Crocker Street. There was a ques- tion as to whether this would require a hearing. It was decided to leave the option open . VOTED: 4 -0 (Selectman Dunn had returned for this discussion) Joanne Wood, a resident, then asked about a small section in the area of Thomas Street, Rumford Ave., Old Colony Way, wondering if it was for parking; if so, it should be lined to so indicate parking. Selectman McNair felt they are waiting to move the poles in front of Catalano's. c) Selectman Levine offered reasons for Tedi Hornung leaving the Self Help Board of Directors, which she felt the Board had asked for. She men- tioned it in connection with the letter from Easton's Town Administra- tor. * MOTION: To allow Easton to appoint someone to Self -Help. Levine /Dunn VOTED: 4 -0 d) Selectman Levine apologized to the Sun Chronicle reporter, Alan Johnson, saying tier complaint last week was not directed to him, it should have gone to the Editor. 10. New Business a) The Town Manager had a Memo from the DPW Director requesting that the Board of Selectmen approve expenditure of approximately $10,000 from Water Projects II to provide materials for replacement of approximately 400 feet of 6 -inch water main with new 12 -inch pipe and fittings at the intersection of Essex Street and Ware Street. It went on to explain that Brugliera Construction Co. will be installing a 21 -inch drain line outfall and will lower the finish grade at that intersection. This is an opportunity for the Town to regrade and improve sight lines and dis- tances, thus improving safety. The contractor will replace the water main at no cost to the Town, if the Town will provide the materials. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 18, 1985 PAGE 9 MOTION: To approve expenditure of approximately $10,000 from Water Projects II for materials for replacement of a 6 -inch water main with a new 12 -inch pipe and fittings at the intersection of Essex and Ware Streets; labor and equipment to be provided by Brugliera Construction Co. at no cost to the Town. Dunn /Levine VOTED: 4 -0 b) The Town Manager advised the Board that he has received a letter of resignation from the DPW Director /Town Engineer, Joe Zeneski, effective September 30, 1985; he has accepted a position in the private sector./ The Town Manager expressed some concern and said he would like to see the Board follow the Town Charter by establishing two separate positions; one, a DPW Director and one, Town Engineer. He said he feels the com- combined position is too much for one man to be able to handle and ac- complish thoroughly in all areas, and that now is the time to consider it seriously. Chairman Mahana supported the recommendation. The Town Manager said he was not criticizing Joe Zeneski; he can see that he has done a great deal for the Town. Selectman Dunn said Joe will be missed; he also agrees that two men /positions is needed. The Town Manager would like to see the Board insert an article for funding.a second posi- tion, should the need for a Special Town Meeting come up. The Town Man- ager was asked to work on numbers and job descriptions, as well as pos sible sources for where the money would come from. c) Each Board member had been given a copy of the DPW Director Memo cover- ing water used vs. water billed, as requested by Selectman Mahana some time ago. There was agreement that there is evidence of considerable discrepancy. The Town Manager said he would like to see a computer set- up which makes such information always available and up -to -date. 11. Adjournment The meeting adjourned at 10:40 P.M. MINUTES APPROVED: Date signed