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HomeMy WebLinkAboutBOS MINUTES 10-6-1993�t BOARD OF SELECTMEN MINUTES October 6, 1993 PRESENT: Chairman Pasquale, Clerk Ronald, Selectmen Penney and Royle, and William F. Wit - liams, Town Manager Executive Session to Discuss a Personnel Matter MOTION: To go into executive session to discuss a personnel matter. (Ronald - Royle) Selectman Royle - Aye. Clerk Ronald - Aye. Selectman Penney - Aye. Chairman Pasquale - Aye. The executive session minutes may be found on Page 1A. 2. The meeting was called to order at 7:50 P.M. followed by the pledge of allegiance. 7:50 P.M. - The Board of Selectmen met with four Boards and Committees during this portion of the meeting- -the Board of Assessors, Finance Committee, Municipal Building Committee, and Airport Commission. A. Board of Assessors Both Walter Main and Al Turinese were present for this discussion. Al Turinese stated that he would like the Board of Selectmen to hold a classification hearing on October 27, 1993 at 8:30 P.M. It was suggested that the Selectmen receive any relevant material prior to the hearing. Mr. Turinese also requested a joint workshop meeting with the Board of Selectmen to discuss some of the Board of Assessor's problems. Members of the Board of Selectmen asked the members of the Board of Assessors questions regarding the number of new industrial developments (there aren't any) and the number of requests for tax abatements received. B. Airport Commission Jeff Siena, Chairman of the Airport Commission, was present for this discussion. Mr. Siena stated that the project to pave the airport runway has been completed and that in the next three to four years the Commission would like to replace and repair the remainder of the pavement in the airport. Members of the Board of Selectmen commented on and asked questions regarding the follow- ing: Pilots Association's club for kids, experimental limitation of aircraft, noise abatement used, hours of operation, receiver of noise complaints, Airport Commission meeting days, need for treetopping, airport career awareness, and openings on the Commission. C Municipal Building Committee Steve McCaffrie was present for this discussion. Chairman Pasquale informed Mr. McCaffrie that there is now one open position on the Municipal Building Committee. Mr. McCaffrie requested that the Board of Selectmen appoint someone to the Committee who has a construction or engineering background. Discussion between Mr. McCaffrie and Chairman Pasquale followed regarding the Municipal Buildings Study public hearing scheduled for October 12, 1993 at 7:00 P.M. in the Jordan Jackson School. Also discussed was a request from the School Committee for $17,000 at Town meeting to conduct a study on school facilities. The study would include present and fu- ture space needs and use of space. Lastly discussed was an insulation problem at the Jordan Jackson School. D. Finance Committee Robert Lynch, Chairman of the Finance Committee, was present for this discussion. Chair- man Pasquale asked if the education reform discussion had been rescheduled. Mr. Lynch stated that the Finance Committee is meeting on October 12 to discuss the issue as a Com- mittee and is meeting with the School Committee on October 18 to discuss the issue jointly. Mr. Lynch suggested that the Board of Selectmen call an emergency meeting sometime be- tween October 18 and 25. Selectman Royle suggested Mr. Lynch speak to Joan Cutillo regarding education reform. The Last item discussed was "free cash ". Mr. Lynch explained what "free cash" is and where it comes from. 3. Minutes of September 29, 1993 MOTION: To approve the minutes of September 29, 1993. ( Royle- Penney) MOTION: To approve the minutes of September 29 subject to the following corrections: George Wojtkiewicz was not at the Zoning Board of Appeals discussion with the Board of Selectmen. The discussion regarding Hercules Dump site should state that Mr. Mr. Swanson noted that he inspected the property. He noticed no erosion problem but noted an open face from the former landfill and the same gray leachate that had been previously determined to be inert by the Board of Health. ( Royle- Penney) (3 -0 -1) Chairman Pasquale abstains. PASSES. 4. Warrant No. 15 MOTION: To approve Warrant No. 15 in the amount of $1,526,07792. ( Royle- Penney) All in favor. PASSES. Selectman Royle abstained from all Health Department related warrant items. Licenses and Permits Live Weekday Entertainment License Application for the Tahana restaurant. Jim Mark, owner of the restaurant was present for this discussion. After Clerk Ronald read comments from the Police Department, Building Department, and Fire Department, members of the Board of Selectmen asked Mr. Mark questions regarding the type of entertainment(karoke), procedure used to prevent under -aged people from drinking in the es- tablishment, and which night entertainment would be provided (Thursdays). Lastly, Chairman Pasquale reminded Mr. Mark that if minors are served in his establishment, Tahana's liquor license would be revoked. MOTION: To approve the entertainment license for the Tahana with the proviso that Mr. Mark will allow Police details when required by the Police Chief. ( Royle- Penney) All in favor. PASSES. Request for Parade Permit from Mansfield High School MOTION: To approve the permit. 2 6. Request for Parade Permit from Mansfield's Parks and Recreation Dept. MOTION: To approve the permit ( Royle- Penney) All in favor. PASSES. Request for Parade Permit from Residents of York Road MOTION: To approve the permit with the proviso that they remain on the sidewalk as recommended by the Police Chief. ( Royle- Penney) All in favor. PASSES. Letter from the Board of Selectmen to Ed Cocoran regarding purchasing a 30,000 square foot parcel of land MOTION: To approve and sign the letter. (Penney - Royle) All in favor. PASSES. Special Town Meeting Warrants to be Posted After Clerk Ronald read the top and bottom of the warrants to be posted, the following motion was made. MOTION: To sign the warrant. ( Royle- Ronald) (3 -1) Selectman Penney Opposed. PASSES. As a result of an executive session held at the beginning of this meeting, Clerk Ronald read the following statement to the public: "On October 6, 1993, the Board of Selectmen met in executive session with Assessor Paul J. Folkrnan and his attorney to discuss allegations of impropriety of his serving on the Board of Assessors. Following extensive discussion, the Board of Selectmen con- cluded that there is nothing improper about Mr. Folkman's serving as an Assessor." Correspondence Letter from Charles Antonuccio to the Board of Selectmen stating that he is resigning from the Municipal Building Committee MOTION: To accept Mr. Antonuccio's resignation. ( Royle- Penney) WITHDRAWN. Following the above motion, Selectman Penney requested an opportunity to meet with Mr. An- tonnucio and Mr. Feeley to try to work out their differences. Letter from the Knights of Columbus to the Board of Selectmen requesting permission for their council to seek donations at various locations in Mansfield via a tootsie roll drive to raise money for physically and mentally challenged children MOTION: To approve (the above request) from October 7 to October 11. ( Royle- Penney) All in favor. PASSES. Memorandum from Arthur O'Neill to the Board of Selectmen recommending a "Slow Children" sign be placed at the beginning of Tracy Circle MOTION: To approve a sign being placed at the entrance of Tracy Circle. The Board would tike to be informed of the sign chosen. (Ronald - Penney) Alt in favor. PASSES. Letter from Paul K. O'Leary, Superintendent of Southeastern Regional Vocational Technical School, to the Board of Selectmen requesting the Selectmen appoint someone in the community to assist the Southeastern Regional School District Committee in collective bargaining The Board took a consensus and unanimously agreed to appoint Town Manager, William Wil- liams, as their representative. R1 Letter from the United Nations Association of Boston encouraging the Town to mark October 24, 1993 as U.N. Day in Mansfield MOTION: To approve October 24, 1993 as United Nations Day in Mansfield. (Penney - Royle) All in favor. PASSES. Memorandum from William Williams, Town Manager, to the Board of Selectmen regarding the policy on public employee complaints Consensus of the Board of Selectmen was that their policy on handling public employee complaints has not changed. Copy of a letter to Mrs. Parks, Customer Relations Manager of the MBTA, from Carole B. Maguire, Mansfield resident, lodging a complaint about the Attleboro /Stoughton MBTA Com- muter Rail service because trains are too crowded Letter to the Board of Selectmen from Stephen Grossman, District Manager, Cable Vision In dustries, regarding channel line up changes A consensus of the Board of Selectmen was to re- quest Mr. Grossman to meet with the Board on October 27, 1993, at 9:00 P.M. Copy of a Letter of Commendation to the Mansfield Fire Department from Acting Chief of Police Arthur O'Neill because of their professionalism and care in treating Officer Lance Law- son on the morning of his accident Building Department Permit Report SRPEDD JTPG Meeting Notice for Wednesday, October 6, 1993, at 2:00 P.M. 7. Questions and Comments Karl Clemmey, a Mansfield resident, expressed concern regarding zoning articles submitted by the Planning Board to be placed on the Special Town Meeting warrant and stated that he doesn't feel that the proper procedure was followed. The articles would have an impact on a commercial development Mr. Clemmey is proposing because some of the articles propose to al- low only one principal use and building per lot. Paul Lorenz, one of Mr. Clemmey's attor- neys, submitted a letter to the Board of Selectmen, dated October 6, 1993, in which lie requests the Board of Selectmen reconsider and reverse its vote of September 29, 1993 to in- clude the Planning Board's articles in the Special Town Meeting warrant. Mr. Lorenz doesn't believe the proper and usual procedure was followed when submitting the articles. William Madan, Chairman of the Planning Board, stated that the Planning Board articles had been submitted using the customary procedure and that a public hearing is scheduled for Oc- tober 21, 1993, at 7:30 P.M., at which public input would be solicited. Discussion with the Board of Selectmen followed regarding the stage that Mr. Clemmey is at with his project (site plan review), frontage for the lot on which a soccer field will be con- structed, if the Board of Selectmen's meeting is the proper forum for the discussion, the Selectmen reserving space on the warrant for articles, "housekeeping articles" vs. substantial issues, amount of time, or lack thereof, allowed for public input prior to Special Town Meet- ing, time frame for issuance of a building permit, and if the amendments are directed at one individual. Jerry Coogan, who represents both Mr. Clemmey and Mr. John Walsh, stated that it appears to him that the zoning changes are directed directly at Mr. Clemmey and that the amendments, if approved, would also be very detrimental to the potential development of his property, as well as Mansfield as a whole. 4 1' During the above discussions, the Board of Selectmen took several consensuses to request the Town Manager request opinions from Town Counsel as to whether or not the proper procedure had been followed by the Planning Board, to request a copy of that section of the Mass General Laws regarding the procedure for adopting zoning amendments, to request an opinion if the Board of Selectmen followed the proper procedure when reserving space on the warrant for the Planning Board articles, and who, if anyone, the amendments are directed at. Leonard Flynn, a Mansfield resident, stated that he attended a Planning Board meeting at which the proposed zoning amendments were discussed and that they were part of a recommen- dation made by the Great Woods Land Use Study consultants. Mr. Flynn also stated that he feels the articles are "housekeeping" and that alol of the articles were discussed jointly between the Zoning Board of Appeals and the Planning Board. William Madan, Chairman of the Planning Board, stated that he does not believe it is true that the proposed amendments are directed at Mr. Clemmey, and if after receiving an opinion from Town Counsel, Mr. Williams finds that the Planning Board did something wrong he will recommend and insist that this issue be immediately turned over to the State's Attorney General's office for investigation. The Board of Selectmen took a five minute break at this tine. Gerry Bedard of 108 No. Main Street asked if there is any additional information on the "No Parking" status on North Main Street in front of his business. Discussion followed regarding what year the designation of "No Parking" was voted, if the designation should be sustained or if parking should be reinstated in that area, the narrowness of No. Main Street in the subject area, safeness of vehicles traveling on No. Main Street if parking is allowed in front of 108 No. Main Street (would the traveling vehicles have to cross the yellow line into the oncoming flow of traffic), and lastly allowing a twenty minute loading zone and extending the time that parking is allowed in the Municipal Parking lot next to Mansfield Cooperative Bank. MOTION: In accordance with Selectman Ronald's recommendation to have a twenty minute loading zone and request the Town Manager to contact the Police Department about extending the allowed time for parking in the public parking lot next to Mansfield Cooperative Bank. (Penney - Royle) All in favor. PASSES. 9. Old Business a.) Town Manager William Williams, Town Manager, requested the Board of Selectmen sign the amended Bird Road Agreement attached to letter from Special Town Counsel dated October 4, 1993. Dis- cussion followed regarding the length in which the watermain will be extended, and that the completion date for installation of the water main should be changed to July 1, 1994. MOTION: To approve the agreement with a change to the completion date for the water main to July 1, 1994. ( Royle- Pasquale [Chairman Pasquale passed the gavel prior to seconding the motion.] (3 -0 -1) Selectman Penney abstained. PASSES. William Williams, Town Manager, commended Fire Chief Ed Sliney and those who assisted him in removing underground storage tanks, which was done in a cost - effective manner. M 10. 12. b.) Selectmen Selectman Penney stated that he is glad to see Town Engineer Robert Swanson's memorandum regarding the opening of bids for the Copeland Drive, West Street, and School Street intersec- tion. A consensus of the Board was for construction to begin in the spring. Selectman Royle stated that she contacted EPA regarding their request for permission to enter upon the Hercules Dump Site property to inspect it, and representatives of EPA stated that it will be a routine inspection to close the file on the site. The EPA representative also stated that they are not inspecting the site as a result of citizens complaints. Selectman Penney stated that as far as DEP is concerned complaints were received from resi- dents regarding the Hercules Dump Site. Chairman Pasquale asked William Williams, Town Manager, for an update on progress for the repair of a bridge on Judys lane. William Williams, Town Manager, responded that he will check with Dan Clifford, DPWDirector, on his progress with the project. New Business a.) Town Manager Purchase Order for 32 Percent Calcium Chloride to All State Asphalt Inc. in an Approximate Amount of $5000. MOTION: To approve the purchase order. (Penney - Royle) All in favor. PASSES. Wastewater Treatment Plan Robert Swanson, Town Engineer, stated that he is requesting a $1.00 increase on the sewer rate for the Industrial Sewer users in Mansfield, Norton, and Foxborough to recoup the costs of the IPP. The present sewer rate for is $22.62 (per 1000 cubic feet of sewage). MOTION: To increase the sewer rate by $1.00 for industrial sewer users. (Penney - Royle) All in favor. PASSES. At the conclusion of the discussion with Mr. Swanson, Chairman Pasquale requested that Mr. Swanson be placed on the agenda early in the evening. Adjournment - 10:55 P.M. MOTION: To adjourn. ( Royle- Penney) All in favor. PASSES. -t Clerk's , 11 gnature Date of Approval I/