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HomeMy WebLinkAboutBOS MINUTES 2-26-1986M M BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 26, 1986 PRESENT: Chairman D'Onofrio; Selectmen Dunn, McNair; Town Manager Selectman Levine arrived at 7:55 P.M. The meeting was called to order and the Flag saluted at 7:30 P.M. 2. Minutes of February 19, 1986 MOTION: To approve the Minutes of February 19, 1986. McNair /Dunn VOTED: 3 -0 3. Warrant #38 MOTION: To approve Warrant #38 in the amount of $322,281.46, dated Febru- ary 26, 1986, broken down as follows: General Fund - $149,515.06 Special Revenue - 4,966.22 High School Roof - 20,976.95 Motor Pool - 193.12 Sewer Enterprise - 13,071.19 Water Enterprise - 10,404.44 Electric Enterprise - 123,154.48 McNair /Dunn VOTED: 3 -0 4. Licenses & Permits a) Transfer Request #14 in the amount of $4,565.85, Parks Expense; repairs to park truck, Maple Park bathhouse, Memorial Park restrooms and Memorial Park football field, caused by vandalism; repairs to Park tractor, trans- mission overhaul; install water line at West Mansfield Little League field ($1,602). Transfer Request #15 in the amount of $1,275, Parks Expense to sod the outfield of newly reconstructed softball field in Memorial Park. Paul Split was present to answer any questions. He explained the Lions Club did all of the labor for the water line; vandalism insurance requires $1,000 deductible, buildings $10,000 deductible. The sod for the softball field was needed for earlier use of the field by the High School Athletic Department; although he had funds for sod, it was used to take care of the vandalism problem. The Town Manager recommended approval of the two transfers, along with a letter of concern to the Finance Committee indicating that although under normal circumstances the water line and sod items would not qualify for Reserve Funds, these circumstances are unusual and unforeseen. MOTION: To approve Transfer Request #14 and #15, with a letter of concern to the Finance Committee. Dunn /McNair VOTED: 3 -0 Levine abstained BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 16, 1986 PAGE 2 Paul Split thanked the Board; then reminded everyone of the Candlelight Vigil for the Challenger astronauts on Thursday evening, 7:30 P.M. b) Transfer Request #17 in the amount of $160.00 Building Department Assist- ant Fees for the month of February. * MOTION: To approve Transfer Request #17. McNair /Dunn VOTED: 3 -0 5. Correspondence a) Army Corps of Engineers Interim Report on February 11th inspection. b) Letter to Hazardous Waste Coordinator from Community Health Associates re: 549 Elm Street. - Conservation Commission has a Cease & Desist Order on this property. c) Copy of letter from Selectmen John Dunn to Town Counsel re: Selectmen Sponsored Articles. d) Copy of letter from Town Counsel to Selectman Dunn re: Selectmen Spon- sored Articles. e) Letter from S.E. Regional School re: Final operating and maintenance bud- get for FY 86 -87. f) Letter from Atty. Edward Troy re: Application for Notary for Karen DePalma. - This was signed by Selectman Sandra Levine g) Notice of denial of Motion for Reconsideration by Mark Audet. h) Copy of Memo to Capital Improvement Committee from Town Manager re: Capital Improvement Program for FY -87. i) Letter from MMA Executive Director re: 11th Annual Legislative Conference March 22nd at the State House. j) Letter to Chairman D'Onofrio from Acting Chairperson of Planning Board re: Gelerman & Cashman Bill. * MOTION: To approve payment of the bill. McNair /Dunn VOTED: 3 -0 Q Letter from Senator Kerry re: Tax reform proposals currently being consid- ered by Congress. 1) Notice from ABCC re: Approval of Sherman Central Liquors License Transfer. m) Letter to Chairman D'Onofrio and Selectman McNair from Mrs. Richard Gor- don re: Request for explanation of purported false statements made. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 26, 1986 PAGE 3 n) Copy of letter to Acting Chairperson of Planning Board from Town Manager re: Job description and duties of the Planning Director. o) Letter from Rep. Vernon re: Amendments to local aid resolution and to the fiscal 1987 budget. p) Letter from Margot Jellinek re: Selectmen concerning themselves with "nuts and bolts" (daily routines) of the town. q) Notice from DPU re: Public hearing for Bay State Gas. r) Letter from Communications Director of MMA re: Notice from Dept. of En- vironmental Management re: Financial liability of Mansfield for 1986 for Insect Pest Control and Dutch Elm Disease Control. s) Letter from Communications Director of MMA re: National League of Cities "Congressional Cities Conference" in Washington, DC, March 8 -11. t) Letter from Executive Office of Energy Resources re: Contact person for public building energy needs in Mansfield. * MOTION: To appoint the Town Engineer as Contact Person. McNair /Dunn VOTED: 3 -0 u) Letter to Board from Atty. Thomas Hunt re: Claim for personal injuries of Edward Lariviere. - This man was an employee of a sub - contractor at the WWTP prior to the Town's acceptance of the plant. v) Letter from MIIA to the Town Manager re: Rejection of MIIA Workers' Com- pensation program, effective July 1, 1986. - The Town Manager explained this is due to the Town's poor loss experi- ence; he feels it is a serious situation, he has a Safety Committee working on it, and expects to meet with the MIIA concerning it. It is basically due to losses in the Public Works and School Departments. w) Copy of Memorandum to Town Manager from Fire Chief re: Wage increase. x) Copy of Memorandum to Public Works Dept. from Town Manager re: Chain of command in absence of Public Works Director. Y) Copy of letter from Town Counsel to Town Manager re: Peter Thibault drain- age problem. - The Town Manager explained that both the Town Engineer and Town Counsel have looked at this situation and it appears that the Town is probably trespassing on Thibault's property with drain water. Town Counsel rec- ommends taking measures to live within the easement boundaries, which will require installing a pipe. If the Town will provide the pipe, Mr. Thibault has said he will install it. The Town Manager said this will BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 26, 1986 PAGE 4 probably require transfer funds. z) Copy of two letters awarding bids for: Removal of storm damaged and dead trees to Ropes and Saddles Endeavor; Catch Basin Cleaning to Roto- Rooter Sevier and Drain Service. aa) Memo from Fire Chief re: Call Firefighter retirements. MOTION: To order plaques for Clarence Leonard's 34 years of service and Norman Pinette's 18 years of service, and send a letter of commendation. McNair /Dunn VOTED: 4 -0 6. Industrial Zoning Study Committee Update The Chairman of the committee, Selectman John Dunn, and the Planning Board were present; Selectman Dunn gave each member a package of information he had compiled, then reviewed it for all present. He said the committee was proposing changes to zoning for Town Meeting to implement; said changes will have an impact on the direction of future in- dustrial development. He had charts showing seven industrial areas and loca- tions and a matrix showing catagories of concern and uses as defined by pre- sent zoning by -law; also identification of present catagories of concern. There was also a chart showing inventory of industrial land, total acreage, undeveloped and percentage undeveloped. The end result of the committee's work was reviewed as the Articles submitted; their proposal is to rezone 12.9% of the total industrial land Agricultural. John Dunn read both the letter he had sent to Town Counsel and Town Counsel's reply concerning Selectmen sponsored articles, and summarized by advising the Board that the Industrial Zoning Study Committee would like to submit their Articles in a Special Town Meeting within the Annual Town Meeting. He said he does not want any small technicality to negate the acceptance and inclusion of the committee's Articles. Discussion as to placement in the order of all Articles, consensus of the Board was to move the Planning Board three Articles up to #35, #36 and #37, replacing them with the Special Town Meeting, moving the rest of the numbered Articles up accordingly. The com- mittee Articles will be submitted to the Board for a vote to include. Considerable discussion, questioning and exchange followed, with a repre- sentative group present from Mansfield's industrial businesses, land owners. John Dunn made it clear that the committee had held an informal hearing for the purpose of input from industries and residents, and that there would be a formal hearing, before the Planning Board, prior to Town Meeting. He also wanted to make it clear that many industrial uses fall under "light industry ", and these would require a Special Permit, which is different from a Variance, BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 26, 1986 PAGE 5 and can be issued by the Planning Board, the Board of Selectmen or the Zon- ing Board of Appeals. Karl Clemmey spoke against what he called a "Zoning Change Committee" rather than a "Study" committee; he also objected to the Planning Director voting on the committee, as he is neither a resident nor voter of the town; he sug- gested a zoning change committee composed of industry people who could then report to a study committee. Ralph Seifert, a member of the Industrial Zon- ing Study Committee said he had opposed some of the Articles, and overall felt too much had been studied and conclusions drawn too fast for an accur- ate and fair picture. An attorney, representing one industry, advised the Board that they could not make a substantive decision tonight because the articles are not a result of a consensus and such articles should be with- drawn. John Dunn countered that when the articles are submitted to the Board, they will be definitive. Another industrial land holder found the matrix to be conflicting and highly subjective; he was focusing primarily on Area 5. Mr. Clarence Leonard of Hatheway & Patterson said to change zoning on exist- ing businesses is very detrimental. Graphic Labs owner said he feels he de- serves to be listened to and that businesses should be involved in such de- cisions. Everyone was thanked for coming and for their input. Town Meeting Articles Review The Town Manager opened by advising he had numbered them in what he believed was the usual order; everyone seemed to be in agreement. The Chairman then made a run -down of the financial impact articles which each Board member had received a copy of last week, giving his suggestions as to need for recommend- ation from one or another committee, also Town Counsel and /or Town Moderator. The consensus of the Board was to support the Chairman's recommendations, and the Town Manager will follow through on them. Selectman Levine questioned the absence of an article for payment of unpaid bills. It was decided that there were none, because of the Fall Special Town Meeting covering them. Old Business a) Selectman Levine said Town Wells #2 and #3 have had to be closed down be- cause of salt content. She would like Town Counsel's opinion on whether the Town has any recourse with the State because of their use of heavy salt on the highways; she reminded the Board that the Town has tried re- peatedly to receive cooperation from the State on this matter, two letters having only recently been sent, with no response. The Board's consensus was to pursue it. Selectman Dunn suggested asking the State Representa- tive to intervene on the Town's behalf; and Selectman McNair suggested possibly the DEQE Water Pollution Control also. 9. Adjournment MOTION: To adjourn (at 10:35 P.M.). McNair /Dunn VOTED: 4 -0 �� f