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HomeMy WebLinkAboutBOS MINUTES 4-2-1986Z I BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PRESENT: Chairman McNair; Selectmen Dunn, Harrington, Mahana, D'Onofrio; Town Manager 1. The meeting was called to order at 7:30 P.M. and the Flag saluted, after which the Chairman paid tribute to Margo Jellinek, a long -time resident of Mansfield, active in conservation, water resources and the like for the town; she passed away Sunday, April 1, 1986. The Chairman asked for a moment of silence for her. 2. Selectman Dunn asked for the Board's indulgence so that he could bring up a couple of matters before he goes next door to the Planning Board's pub- lic hearings. Selectman Dunn said he had spoken to both Town Counsel and the Town Moder- ator concerning the Board of Selectmen legal representative for its Zon- ing Board of Appeals application concerning the Buildi.ng Inspector's de- cision to grant Tighe Trucking a Building Permit. MOTION: That the Board retain Richard Gellerman to represent the Board of Selectmen at the public hearing by the Zoning Board of Appeals relative to the Tighe Trucking Building Permit. Dunn /D'Onofrio VOTED: 5 -0 Selectman Dunn then said he has heard that Town Meeting may be delayed, and that the Industrial Zoning Articles may be brought up first, by hold- ing the Special Torun Meeting at its now scheduled date of April 7th. He requested that the Special Tom Meeting be held at the same time as the regular Town Meeting; there was some discussion. MOTION: That we delay the process a week for consistency so that the Annual Town Meeting and Special Town Meetings get the best cross - section representation to act on all the Articles. Dunn /Harrington VOTED: 5 -0 Chairman McNair then requested that the press be :informed that the delay ,is due, to.a delay:.in printing of the Articles. Selectman Dunn left the meeting at this time. 3. Minutes of March 26, 1986 MOTION: To approve the Minutes of March 26, 1986. Harrington /D'Onofrio VOTED: 4 -0 * * * BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 2 4. Warrant #43 MOTION: To approve Warrant #43 in the amount of $831,378.56, dated April 2, 1986, broken down as follows: General Fund - $750,500.04 Revenue Sharing - 607.99 School Lunch - 5,785.39 Special Revenue - 14,076.63 Sewer Enterprise - 29,336.56 Water Enterprise - 4,731.38 Electric Enterprise - 26,340.57 Mahana /D'Onofrio VOTED: 4 -0 5. Licenses & Permi a) Petition for Change of Manager by Tang -SZ Corp., d /b /a Cheng -Du Restaur- ant, from Allan Hersh to Kuo Rung Tang. MOTION: To approve the Change of Manager for Cheng -Du Restaurant. Mahana /Harrington VOTED: 4 -0 b) Great Woods, Inc., John E..Drew, Manager Beer and Wine License; the Board signed the ABCC Form 43 in order to have the license application processed, with the understanding that the actual license will not be issued until the terms and conditions of the Agreement have been met. c) Great Woods, Inc. 7 -Day Entertainment License was signed, but will not be issued until the terms and conditions of the Agreement have been met. d) Transfer Request #25, Assistant Building Inspector fees, $260.00. MOTION: To approve Transfer Request #25. D'Onofrio /Harrington VOTED: 4 -0 Selectman D'Onofrio pointed out that this Transfer Request does not indicate inadequate budgeting; rather that the fees are subject to the amount of building that took place, and the fees collected go into the General Fund. e) Transfer Request #26, Plumbing & Gas Inspector fees, $1,870.38. * MOTION: To approve Transfer Request #26. Mahana /D'Onofrio VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 3 f) Transfer Request #27, Electrical Inspector fees, $4,689.43. * MOTION: To approve Transfer Request #27. Mahana /D'Onofrio VOTED: 4 -0 g) Transfer Request #28, Selectmen Expense for advertising for public hearings on Zoning Articles sponsored by the Selectmen, $509.43. * MOTION: To approve Transfer Request #28. Mahana /Harrington Selectman D'Onofrio said he opposes approval; the past prac- tice of the Board has been to exhaust the line item before requesting a transfer from the Reserve Fund. He recommends replenishing the account only to the extent necessary. Selectman Mahana withdrew his motion. * MOTION: To approve Transfer Request #28 in the amount of $284.21 for Selectmen Expense. Mahana /Harrington VOTED: 4 -0 * h) MOTION: To approve New England Telephone Petition #86 -6 for removal of one pole on Fruit Street; and Petition #86 -7 for one pole relocation on Ware Street; no hearings required. D'Onofrio /Mahana VOTED: 4 -0 6. Correspondence a) Letter from MMA re: Two complex pieces of legislation: Chap. 740 - The Compensating Balance Law; and H.R. 3838 - The Tax Reform Act of 1985. - Town Treasurer will attend a Treasurer's and Collector's Assoc. seminar on these two pieces of legislation. b) Memorandum from Council on Aging re: Appointment of Robert Marshall and Leigh Ann Foster as COA representative Associate Members of the Build- ing Committee for the length of the Library /COA Building Project. * MOTION: To appoint Robert Marshall and Leigh Ann Foster as Associate Members to the Municipal Building Committee for the length of the Library /COA Building Project. Mahana /D'Onofrio - Steve McCaffrie, Chairman of the MBC was present and questioned the authority, per Town Charter, to do this; he also voiced concern that BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 4 with 4 Associate Members his Board could be outvoted /unbalanced. Sel- ectman D'Onofrio felt Chairman McCaffrie's interpretation of the Charter was incorrect. After some discussion, the following motion was made: * MOTION: To withdraw the motion until further information is re- ceived, in writing. D'Onofrio /Harrington VOTED: 4 -0 c) Copy of letter to Board of Assessors from Dept. of Revenue re: Full and fair cash value assessment as of January 1, 1986. - Selectman Harrington asked to have the Board of Assessors meet with The Board of Selectmen, and possibly include the Finance Committee, to review their method for assessing. d) Letter from Dept. of Environmental Management, Division of Waterways, re: Petitions for State waterways projects. e) Letter from Hillside Adult Day Health Center, Inc., a new non - profit center located in the greater Attleboro area re: Services offered, and an invitation to their Open House April 3rd. f) Letter from Disabled American Veterans re: Invitation to attend Install- ation of Officers of the Mansfield Memorial Chapter #61 at Legion Hall, Fruit Street, April 12th, 7 P.M. g) Letter from the Town Manager of Town of Arlington re: State surplus sharing with cities and towns. * MOTION: To prepare a Resolution to coincide with the Town of Arling- ton and other cities and towns. Mahana /Harrington Selectman D'Onofrio said he is opposed; he feels the towns- people should receive the funds, not the towns and cities. VOTED: 3 -1 D'Onofrio opposed h) Notice of Meeting with contractor for Construction of Foxboro- Mansfield Regional Interceptor, April 2nd. ! - The Town Manager attended this meeting, which he reviewed briefly. The main point he made was that Foxboro officials were advised that they would need to come before the Board for a permit to tie into Mansfield's interceptor prior to construction in the town. �. i) Copy of decision relative to School Dept. case concerning Building In- spector decision on Paine School. - Consensus of the Board upheld the Building Inspector's decision. BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 5 j) Notice of approval from State DPW re: Request for certain parking changes; River Street request must be re- submitted. * MOTION: To resubmit the River Street request and strike Fire Lane. Mahana /D'Onofrio VOTED: 4 -0 Q Letter to the Town Manager from Charles River Pollution Control District re: Sludge Management Study's First Informational Public Meeting, Thurs- day, April 17, 7:30 P.M. in Medway. 1) Notice of Public Hearing by Planning Board re: Application of Phillip Beatty to subdivide a parcel of land located off Essex Street, for 10 lots. m) Letter from Paul H. Rupp, Executive Director, Thrift Institutions Fund for Economic Development (The Thrift Fund) re: Fact sheet and 1st An- nual Report. n) Letter to Town Manager from Frank B. Hall Risk Management, Inc. re: Safety Committee meeting and Chairman's handling commended. o) Letter to Board from Board of Health Chairman re: Their opposition to House Bill 3509. * MOTION: To support the Board of Health's position by a letter to Rep. Vernon. D'Onofrio /Mahana VOTED: 4 -0 p) Memorandum from Town Clerk re: Town Meeting Checkers /Security pay increase to $5 /hr. - There was discussion; McNair and Harrington were opposed. * MOTION: Increase their pay to $4.00 per hour. Mahana /no second * MOTION: To provide a 6% increase - $3.50 per hour. D'Onofrio /Harrington VOTED: 4 -0 q) Letter to Board of Selectmen from Leon R. Haynes re: His request put to Board last week for an easement to their property behind Mansfield sewer line; their property presently land - locked. - This will be forwarded to Town Counsel and the Town Engineer with in- structions that a record itemizing costs be kept by each. r) Copy of letter to Leon Grant from the Torun Engineer re: Wood Ave. sewer extension. BOARD OF SELECTMEN MINUTES OF MEETING ( APRIL 2, 1986 PAGE 6 s) Copy of two letters to Ron Bonvie from Mansfield's Construction Inspec- tor re: Wood Ave. sewer extension inspection. t) Copy of letter to the Town Manager from Town Counsel re: Resident Only Parking. - The Town Manager briefly explained that the Town may not restrict parking on a public way other than by enactment of a by -law "for pro- hibiting or regulating the parking of motor vehicles in front of any dwelling house except by the occupants ". Town Meeting may petition the legislature to allow restricted,oarking for residents on specifi- cally named streets even though they may not live on those streets. * MOTION: That the Board entertain such a concept for the River and Allen Streets area for the land swap with Clemmey Tank, and request the MBTA to consider some allocation for parking in that area for Mansfield residents. Mahana /D'Onofrio It was pointed out that the Town owns 3/4 of a acre on River and Allen Streets which was a possibility for use for residents only. Selectman Harrington spoke to the Samoset Street area in connection with this and questioned Article 20 as address- ing this. Motion VOTED: 4 -0 u) Copy of letter from the Town Manager to the insurance adjusters re: Highway Garage fire of 2/11/85. - The Town Manager explained he is requesting additional funding from the insurance company due to the Certificate of Occupancy being re- voked because of lack of compliance with the Building Code. v) Copy of letter from the Town Manager to DEQE Chief of Solid & Hazard- ous Waste Section re: Groundwater quality at Sludge Landfill, Phase I, Fruit Street. 7. Municipal Building Committee The Chairman, Steve McCaffrie, and committee member, Bob Paza had been asked to present their proposal for the DPW Garage. Steve said 8 or 9 months after the fire of 2/11/85, the condition of the garage came under the Emergency Clause; this was while Joan Cutillo was Acting Town Manager. When Rande Wilson became Town Manager, Gale Engineering had been engaged to prepare a "needs" study for area space to bring it up to required level of use. It was then proposed to add an additional side building for the BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 7 DPW personnel from Town Hall. The Committee was recommending a figure of $809,230, but advised that there were still details to work out. They showed overall plans and said the Planning Board has approved the plan and theory. The intent is for the Town Manager to present the proposal as a bonding issue at Town Meeting. The Town Manager said this will be a Public Works facility, will include salt storage, 3 new gas tanks (fibre glass); the present arrangement is very inefficient, there are no lifts for vehicles. The proposal is for a block and brick construction. Selectman Mahana questioned the location for salt storage, as did Sandra Levine who was present in the audience and has a continuing concern for water contamination. Selectman Mahana also expressed concern for under- ground gas tanks. Selectman Harrington said he would like to investigate costs for other types of building construction; Selectman Mahana said he would like a figure for the cost of the building; then cost of accessories. Selectman D'Onofrio asked for financing. Selectman Harrington said he feels the issue is not ready for Town Meeting presentation. No decisions were reached. 8. Representative William Vernon Rep. Vernon's visit was to report to the Board on their concern with the lack of action from the State DPW, particularly regarding the Board's re- peated requests for answers to the Town's complaint of highway salt use. Rep. Vernon said there are at least 100 towns with similar complaints. He said the DPW is beginning to get back manpower, and the department now has a legislative liaison program which is proving helpful. He said the de- partment has a "flow chart" which they are going to send to him, and there will be a special personnel who will come out to discuss the Town's prob- lem with Rande. Bill said he has alot of frustration with the DPW. Switching to the old Rt. 140 underpass problem, he said Mansfield is cur- rently on a list for design contract; it will take 6 to 8 months to com- plete the design work. Selectman Mahana asked if it would be appropriate to refer the salt prob- lem over to the Dept. of Environmental Affairs now. He also requested that Town Counsel report on the status of preparation of a law suit against the State. Sandra Levine expressed her deep concern, saying that once salt goes into the ground, it never comes out, and she is concerned for areas that will be damaged but don't show it yet. Selectman Harrington sug- gested the possibility of the 100 towns and cities with similar concerns get- ting togetherto issue legislation to reduce the amount of salt use. Selectman D'Onofrio then asked about the parking for residents problem; asking Rep. Vernon if there was anything he can do. Bill said he would like to see more detail. Bill then said they start the budget next week, BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 8 and local aid will come up. He wants to see an absolute minimum 100% re- imbursement for loss of Revenue Sharing. Another issue is to give a full 40% local aid to towns. He suggested that the Board write Richard Voke, Chairman of Ways and Means, the Speaker of the House and the Governor. 9. Review of Town Meeting Articles The hour was too late to consider starting review of Town Meeting Articles the Board decided. Next Monday, April 7th was chosen for a special meet- ing to to just that business, since the Town Meeting had been postponed. 10. Old Business a) Selectman Harrington asked for a time frame for the Town Engineer's estimates for water and sewer rates; he emphasized his feeling that these issues are urgent and would like something within the next week or two. b) Selectman Harrington mentioned the Growth Management Council appoint- ments; they are to be next week, April 9th. Rumor is that the Plan- ning Board may not support the Council, which would make it a bit awk- ward, the Board felt. The Board asked Chairman McNair to contact the Planning Board Chairman, Marydee Flynn, prior to next Wednesday. c) Selectman D'Onofrio said he had received a letter from Lorraine Wright, of Central Street, asking for consideration for elderly citizens. It was suggested that the Town Manager be asked to prepare a cost impact and cost discount for people with limited income and /or other economic handicaps. Selectman Mahana suggested pulling Whitman & Howard's cost scale study of a few years ago. He said both Boston and Norwell have structures in place. * MOTION: That we direct the Town Manager to investigate the concept of a senior citizen discount. D'Onofrio /Harrington VOTED: 4 -0 The issue was then raised, would the proposed rate structure for user portions be retroactive; the decision was Town Counsel would have to check into that. Further discussion led to the fact that there is consulting money available in that account, so a consultant could be used to speed up the process to develop the data. * MOTION: That the Board give authority to utilize that fund for a sewer /water rate study. D'Onofrio /Harrington VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 9 11. New Business a) The Town Manager reported that the Sludge Landfill bids, Contract 6, are due Tuesday, April 8th. He said Walsh Construction has asked for a postponement in order for them to secure qualification as a Building Contractor; presently they are Paving Contractors. * MOTION: To extend the bid opening three weeks, contingent upon Town Counsel. Mahana /no 2nd Although Walsh had worked on the Wastewater Treatment Plant project and it was felt were good contractors, consensus of the Board was that they had waited until the last minute to make the request and that it would create problems to postpone the date at this time. b) Selectman Harrington asked that the Board hold a bi- monthly meeting with boards and committees. The Town Manager suggested setting up a time schedule to meet with various boards and committees, instead of all at one time. This is to be done at next week's meeting. c) Selectman Harrington asked if it would be possible to receive on a monthly basis delinquencies on sewer, water, electric and ambulance billings. He was advised that at present the sewer and water billing would have to be done by hand and it would take hours; ambulance should be available; electric should be taken up at the Light Commis- sioners meeting. d) Selectman Harrington advised the Board that his wife had spent 4 or 5 hours today cleaning up the Fulton Pond area; she carried trash over to their yead and piled branches, brush, etc. (and a dead duck) in a pile. Larry asked if the piled branches could be picked up in the morning before someone uses it to start a fire; also that the trash barrels be replaced, as well as a little more timely attention given to help keep the area clean. The Town Manager will take care of this. e) Selectman Mahana reported constant aroma coming from the Bristol Arms area. He suggested the Board have Camp Dresser & McKee look at a feasibility cost - sharing study with Bristol Arms for sewering. This will be discussed with the Board of Health. f) Chairman McNair said it appears that the Town has a second dump now; i.e., area behind the Getty Station, Pratt and Hope Streets. He said he knows contractors are using it, and it is building noticeably. The Town Manager will look into it. BOARD OF SELECTMEN MINUTES OF MEETING APRIL 2, 1986 PAGE 10 12. Adjournment MOTION: To adjourn (at 10:30 P.M.). Mahana /Harrington VOTED: 4 -0 MINUTES APPROVED: