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HomeMy WebLinkAboutBOS MINUTES 9-9-1992c� BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 9, 1992 92 SEP 1 I fii I1: 3 PRESENT: Chairman Tartufo; Selectmen Robinson, Collell;�,,'',PAsqui -1 e, Penney; Town Manager, Bill Williams 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of August 26, 1992 MOTION: To approve the Minutes of August 26, 1992. Colella /Robinson VOTED: 5 -0 3. Warrants #11 & #12 MOTION: To approve Warrant #11 in the amount of $590,044.69, dated September 1, 1992, broken down as follows: General Fund - $368,966.63 Special Revenue - 29,354.00 Capital Projects - 72,183.43 Sewer Expense - 9,887.87 Water Expense - 6,954.62 Electric Enterprise - 102,698.14 Pasquale /Colella VOTED: 5 -0 MOTION: To approve Warrant #12 in the amount of $1,184,907.72, dated September 8, 1992, broken down as follows: General Fund - $1,050,682.64 Special Revenue - 44,024.16 Capital Projects - 16,467.00 Sewer Expense - 7,941.72 Water Expense - 7,578.25 Electric Enterprise - 58,213.95 Robinson /Pasquale VOTED: 5 -0 4. Licenses & Permi a) Application for a 3 -day Beer & Wine License by Jerry Moses d /b /a Fanfare,,Inc., for the Mansfield Airport Rotary Club Balloon & Car Festival, September 25, 26 and 27, 1992. MOTION: To approve the 3 -day license. Colella /Penney VOTED: 4 -0 Tartufo abstained b) Release of Covenant for Lot 2 and Agreement Amendment for Serena Nardone, Lot 2 and 6A, Bird Road. - See Old Business - Town Manager 5. Correspondence ( BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 9, 1992 PAGE 4 facts in chronological order "(each Selectman had recived a copy). Town Counsel's conclusion was that the Zoning Board "considers the current use of the property to be legal ", and "all of Mr. Morton's zoning complaints have been considered and resolved" Mr. Morton was present and stated Town Counsel's letters have no relation to his questions to the Building Inspector which were not answered. He said he is interested in Bert Cook's 'misuse' of his office. He wants the Board to investigate the performance of an employee. He maintains the ZBA Enforce- ment Officer does not have authority to reverse a decision of the ZBA. Selectman Pasquale asked the Town Manager to get a decision from Town Counsel on Mr. Morton's three questions; also as to who has a right to authorize use of Town property, and should an abutter be notified of an annulled decision of the ZBA. The Town Manager said he was disappointed that Mr. Morton finds Town Counsel's answers unacceptable and suggested an Executive Session with Town Counsel concerning clarification of the issue. Selectman Pasquale said he does not want more time spent by Town Counsel only on specific general points. The Town Manager then said he will arrange a meeting with himself, Bert and Mr. Morton if that is what he wants, and he will get an answer to his three questions. Chairman Tartufo stated he is not sure the meeting will resolve the issue and there has been considerable time spent on this. Mr. Morton said he would like another person at the meeting - someone from the Board. Selectman Colella said he would be glad to attend. Selectman Pasquale said he does not feel another party should be there. Selectman Robinson said the Town Manager asked for an Executive Session and the Board owes him that respect he felt. 8. John Todesco applied for a sewer connection for Lot 253 on Perkins Ave. Each Selectman had a copy of the Town Engineer /DPW director Memorandum and map /sketch. Lot 253 is owned by Mr. Todesco's daughter and son -in -law. Mr. Todesco's proposal is to tie into Paquin's existing 6" sewer line and that the sewer remain private for the Paquin's and himself. There are several lots on Perkins Ave., and Bob's Memo included discussion concerning condi- tions for permit provisions if the private setter is made available for multiple dwellings. Some discussion followed as to a covenant for future buyers regarding easements and responsibility of the sewer maintenance. * MOTION: To approve and to include but not limit to conditions of the Town Engineer. Pasquale /Penney VOTED: 5 -0 9. Old Business i a) Board of Health sewer tie -in. Henry Austin, Chairman of the Board of Health was present and referred to the newspaper report concerning the proposed sewer tie -in. He said it was just a matter discussed, to date; there will be a clause for limited income households; State law gives BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 9, 1992 PAGE 5 the Board of Health the right to mandate such a tie -in. The question was raised about waiver of the fee, or could Town employees /Board of Selectmen defray the cost. Henry Austin said his Board will hold a hear- ing and people are welcome to attend their meeting tomorrow evening; they will be glad for in -put Each Selectman had been given a copy of the proposed "Sewer Use Regula- tion", which was in draft form. Selectman Penney questioned the $50.00 per day fine for violation, and suggested a grace period. He stated the intent is to get houses to tie in, not to collect fines. Selectman Pasquale commented when East Mansfield sewer was discussed last year, he feels a tie -in was to be voluntary, with the exception of a failed sys- tem. He suggested the possibility of the Town having a contractor install the sewer lines to houses, the contractor give a report of the cost, then the Town combine that cost to the resident's betterment charge over the 20 -year period. Selectman Colella said he is totally against mandatory tie -in; he feels the entire sewer project is being done for one developer. Selectman Rob- inson said he feels eighteen months is not a fair time period, and this issue will leave a bad taste in everybody's mouth. Selectman Penney sug- gested considering only requiring multi- residences tie -in with a ten -year period for others, or when a house is sold. * MOTION: To send a letter to the Board of Health, from the Board of Sel- ectmen requesting that it not approve mandatory sewer connec- tions at this time. Pasquale /no 2nd Chairman Tartufo stated he does not approve of sending messages to other boards and committees as to what they should be doing. Selectman Robinson said he does not like specifying number of years; originally it was to be voluntary. * MOTION: That the Board send a letter to the Board of Health stating the Selectmen do not support their idea of hook -up for the entire town. Colella/no 2nd Chairman Tartufo said there are legitimate environmental health reasons for the Town installing sewer lines. Selectman Robinson pointed out the amount of building that is going on in East Mansfield. Selectman Penney expressed a desire for the Board of Health to reconsider their recom- mendation for mandatory tie -in. Henry Austin said his Board will con- sider some type of incentive for tieing in. Selectman Pasquale pointed out the regulations do not apply to just East Mansfield, but to any place in town. It was suggested that the Tom Manager and Engineer work with the Board of Health to come up with incentives for tieing in. ( BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 9, 1992 PAGE 6 b) Beaumont Pond /Joanna Drive - (Chairman Tartufo and Selectman Penney left the room for this discussion). The Town Manager advised he had received a letter from Edward C. Marche - selli, Trustee, Beaumont Realty Trust stating that he is presently the owner of the Beaumont Pond Estates subdivision, having purchased it from Paul Folkman. It goes on to state that his company is prepared to honor what Paul Folkman had agreed to do for the extension of Joanna Drive to Maple Street, plus being responsible for the paving, curbing and sidewalks. The Town Manager said Bob Swanson, Town Engineer, is prepared to go before the Conservation Commission to make application for any requirements needed. All that is needed is the Board's support. Selectman Pasquale said he wants the agreement with the developer executed by Town Counsel. Mr. Morrison, resident on Maple Street, who had attended former meetings covering this issue, enouraged the Board to go ahead with this for the benefit of the Town and residents on the street. c) Wastewater Treatment Plant Consultant Financing - Bob Swanson reported Alex Moles is willing to work with Camp Dresser & McKee on any evaluat- ing of operations at the treatment plant. This is basic for approving a purchase order for CDM to prepare an RFP and help.with the evaluation - $20,000. Selectman Pasquale stated he wants guidelines listed on the purchase order. MOTION: To proceed with Camp Dresser & McKee consultant financing. Pasquale /Penney VOTED: 4 -1 Robinson opposed d) Gilbert Street bridge - The Town Manager advised he had sent letters to Rep. Hyland and Senator Keating requesting support for the Gilbert Street bridge project. Each Selectman had a copy of the Town Engineer report on his contact with the Mass. DPW Bridge Division, and they predict con- struction of the bridge in 1994. Bob Swanson advised, however, that he has learned that either Conrail or Amtrac will be electrifying their line and thereby the Gilbert Street bridge may have to be raised, which could mean the railroad would contribute funds. e) Bird Road - (Chairman Tartufo left room for this discussion) The Town Manager had copied members of the Board two letters from Attor- ney Richard Gelerman =xuceaftp; which he reviewed; one of which con- tained options the Board may consider if the work is not completed as spelled out in the agreement. After brief discussion, the decision was made for each Selectman to evaluate the condition of Bird Road, study Dick Gelerman's letter, then hold a discussion October 7, 1992. A second letter from Dick Gelerman covered a substitution of lots for Serena Nardone. He had enclosed a Release of Covenant for Lot 2 and an Agreement Amendment subjecting Lot 6A to the terms of Paragraph 8 of the Bird Road Agreement in substitution for Lot 2 and Covenant for Lot 6A. BOARD OF SELECTMEN MINUTES OF MEETING 1 SEPTEMBER 9, 1992 PAGE 7 The Town Manager recommended approval of this switch. * MOTION: To approve the two documents and sign them. Robinson /Penney VOTED: 4 -0 f) 297 -301 North Main Street property - The Town Manager reviewed a letter from Tom Counsel concerning "legal issues which may arise if the Town enters into a rental arrangement" for the property, or a lease agreement with option to purchase. He cautioned the Town could become liable for clean up costs associated with release of oil or hazardous materials, which are known to exist. A Memorandum to the Town Manager from Shaun Burke, Director of Planning and Development indicated there will be a meeting with Mr. Giordani to discuss the status of the property, September 22, 1992. Selectman Penney again stated his concern for the Town owning the prop- erty and recommended a lease /purchase agreement. g) Rt. 106 Speed Limit - The Town Manager reviewed a second letter he had received from Chief Engineer, Michael Swanson, of the Mass. DPW, regard- ing the speed limit on Rt. 106, offering his department reasons for not lowering the speed limit. The Town Manager advised he has written to Rep. Hyland and Senator Keating asking their assistance. h) Park Row School - The Town Manager stated the Park Row School has been accepted by the Town, and he will be working with the Municipal Build- ing Committee and Planning Board on use of the school; also discuss use of the playground equipment with the Recreation Department. Selectman Pasquale asked for a time frame on use of the Park Row School. 10. Old Business - Selectmen a) Selectman Robinson thanked the Town Manager for the report on water service interruptions during the East Mansfield sewer construction. He then mentioned concern for the contractor's use of Town water with- out metering. He said he would like a letter to go to the contractor advising that the Board knows he is using water without paying for it, and if it continues, he will be shut down. The Town Manager said he will discuss it with Bob Swanson, Town DPW Director. b) Selectman Pasquale read the inscription for Ted Robinson to be put up by the Lions Club at Fulton Park. c) Selectman Pasquale asked for a time frame on the Plymouth Street play- ing field plans. Chairman Tartufo said he has talked with a contractor about the needed culvert, and the Conservation Commission will hold a �� hearing next week. ( BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 9, 1992 PAGE 8 d) Selectman Penney announced that aerial views of the LegoWorld site are now on display in Town Hall. 11. New Business a) A Memorandum from Bob Swanson, DPW Director /Town Engineer, indicated a need and feasibility for a sidewalk on the north side of Rt. 106 be- tween Stearns Ave. and Bristol Plaza. There is sufficient space for a sidewalk; the estimated cost would be $1500 - $2000. He recommended postponing it until the Contractor for the East Mansfield sewer project is working on Rt. 106. * MOTION: To approve the installation of a sidewalk as recommended by the DPW Director /Town Engineer. Pasquale /Penney VOTED: 5 -0 b) Selectman Pasquale addressed the sound levels at Great Woods for the TESLA concert stating he had talked to General Manager, Bruce Montgomery, and it was adjusted. 12. Adjournment * MOTION: To adjourn (at 12 Midnight). Colella /Pasquale VOTED: 5 -0 MINUTES APPROVED: Clerk d Date signed