Loading...
HomeMy WebLinkAboutBOS MINUTES 6-8-1983D BOARD Of SELECTMEN HUG % (r' MINUTES Of THE MEETING JUNE 8, 1983 PRESENT: Selectmen Dunn, Wills, D'Onofrio, and McNair; Town Manager Maurer. Selectman Levine arrived at 7:19 P.M. The meeting was called to order at 7:00 P.M. * 1. MOTION: To go into Executive Session for the purpose of collective bargaining and /or possible litigation. McNair /D'Onofrio Members polled, 4 -0 Meeting returned to Open Session at 7:56 P.M. * 2. Warrant #73 - $642,416.86, approved. Wills /D'Onofrio Federal Revenue Sharing $ 200.00 Municipal Electric Enterprises 197,827.98 Water Enterprises 5,545.07 Capital Improvement Projects 288,379.78 Special Revenue Account 7,524.35 Generll Fund 142,939.68 VOTED: 4 -0, Levine abstained. Wills abstained on Item 6138 3. License Applications * A. One -day Beer & Wine License for Tri- County Beagle Club, Saturday, June 18, 1983, from noon to 11 P.M.; Sunday, June 19, 1983, from noon to 11 P.M. MOTION: To grant. Wills /McNair VOTED: 5 -0 B. Common Victuallers License for Quality Inn signed. C. Week -day Music Machine License for Quality Inn signed. 4. Public Hearing - Central Liquors The hearing was canceled for this evening because the applicant failed to do some of the required paperwork in time. Hearing re- scheduled for Wednesday, June 22, 1983, at 8 P.M. 5. Cable TV Access Corp. * Nominations were made as follows: A. Jeffrey J. Siena, 364 South Main St. Levine /D'Onofrio B. Anne Kaufman, 505 West St. Wills /D'Onofrio C. George Wojtkiewicz, 1 Gladiola Terrace Wills /D'Onofrio D. Nicholas Zaharias, 27 Village Rd. Dunn /Levine * MOTION: To close nominations. Wills /McNair VOTED: 4 -1, Levine �� opposed. BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 1983 Page 2 Ballots were cast as follows: (1) Jeffrey J. Siena - Levine, Wills (2) (2) Anne Kaufman - D'Onofrio, Levine, Wills (3) (3) George Wojtkiewicz - D'Onofrio, Dunn, Wills (3) (4) Nicholas Zaharias - McNair, D'Onofrio, Dunn, Levine (4) Anne Kaufman, George Wojtkiewicz, and Nicholas Zaharias were declared elected. 6. Camp Dresser McKee - Treatment Plant Report Charles Loveridge and James Glendye were present to report on the progress of the plant. At this point the project is ahead of schedule, with the majority of the work done this month being on the aeration tank basins and the primary clarifying site. The location of the dropped manhole cover was changed to Cobb St. to prevent having to acquire property to go from the interceptor to South Main St. Pictures of the work site were circulated. The project is 56% complete moneywise with in -place completion at 43 %. A financial breakdown was provided in response to previous Board questions. DPW Director Zeneski reported that CDM has provided him a copy of the Lyons Brook report which he has available for review. 7. Correspondence A. Letter from Mo Prasad re: appointments of three members to the. Cable Access Committee. Appointments made. B. Letter from the Elks re: purchase of Town owned land off Rte. 106. Put Elks on agenda. C. Letter from the Fafard Companies re: use of Spaulding School. Referred to Downtown Advisory Committee. D. DPU Notice of Public Hearing. E. Letter from Army Corps of Engineers re: site inspection of the Wastewater Treatment Plant. F. Notice of the Joint Transportation Planning Group Annual cookout. G. Letter from the Building Inspector re: permit for Dr. Massand advising the Board that he was not responsible for the 61 day delay. I BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 1983 Page 3 H. Certificate of Appreciation from the Boy Scouts. I. Letter from the Dept. of Environmental Management re: a grant program for jobs for the summer. J. Notice from the Farmers Home Administration re: payments due on the FHA loan. K. Thank you note from the North Attleboro Board of Selectmen for the Mansfield Fire Dept.'s assistance in the May 19th fire. L. Letter from State Auditor John Finegan re: the appointment of Patrick J. Moynihan to his staff. M. Letter from Sen. Paul Tsongas re: repeal of legislation on withholding tax on interest and dividend income. N. Notice of DPU public hearing. 0. Notice of the summer meeting of Bristol County Selectmen's Association on June 22. * MOTION: To begin summer schedule effective June 22nd, meeting every other week. Wills /Levine VOTED: 5 -0 P. Letter from Executive Office of Consumer Affairs re: June 29, 1983, conference on local liquor licensing laws. Q. Memo from Police Chief re: radar violations. R. Memo from Police Chief re: liquor disturbances. * S. Memo from Fire Chief re: memorial service. MOTION: To grant parade permit for Sunday, June 12, 1983, at 9 A.M. from Central Station to Springbrook Cemetery. Wills /Levine VOTED: 5 -0 T. Letter from Margot Jellinek re: Electric Dept. meeting of May 10. Referred to Electric Commissioners. 8. Work Programs - Community Development A. Planning Department - Due to the vacancy in the Town Planner "s position, Town Manager Maurer presented the work program for the department, stating that at this point the work program and objectives portion of the presentation were his and may be revised when the position is filled. The secretary is paid totally from the Planning Department budget, although her time is divided equally between Planning and Building duties. The need for storage space is a major concern. Selectman D'Onofrio questioned whether or not the Planner gets involved in developing plans for condominiums. He was told that at present we have no BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 1983 Page 4 specific By -law covering condominiums or condominium conversions and that the Planner could get involved in that as part of zoning. He also asked if fire -proof or plain storage is required. Plain storage is needed and the only fire -proof storage we have presently is the main vault. The feasibility of microfiliming documents was discussed. B. Inspection Department - Building Inspector Bertram M. Cook presented the work program and objectives of his department, explaining that fees are collected from the Town, but that they enforce State codes. The Assistant Building Inspector is paid $10. per inspection; the other assistants receive 65% of any permits they issue. He also explained that assistants are necessary as a backup when any of the inspectors are sick or on vacation, or when the inspectors' work as contractors need! to be inspected. The State Inspectors work as their super- visors, checking their records and making on -site random inspec- tions. Article 12 of the State Building Code regarding fire alarm and sprinkler systems is enforced jointly by the Building Inspector and the Fire Chief. The Building Department also works closely with the Fire Department in boarding up buildings following a fire and contacting utility companies to shut off service. Selectman Wills asked the Building Inspector if the Selectmen want to allow a charitable institution to hold an event in a non - conforming zone, does a letter from Town Counsel protect him. Mr. Cook responded that it does not and that a variance is really necessary to prevent a double standard in enforcing the Zoning By -law. It was suggested that a solution would be to work together in drafting a zoning amendment to cover such situations. Mr. Cook spoke of his continuing need for additional storage space. Health Department- Health Agent Karl Drown explained that they attempt to do industrial inspections four times each year, while the State requires only two. They also attempt to respond to all citizen complaints the same day or refer them to the proper agency or department. Apartment inspections are done on request as part of the Minimum Housing Standards, but individually owned homes are not inspected. The Town contracts with the Attleboro Area Health Agency and the Menatl Health Clinic for services. The Health Agent also serves as Hazardous Waste Coordinator when necessary. Questions were asked by the Board relating to the slaughtering of animals. Discussion also took place regarding junk cars. Selectman D'Onofrio requested information on the number of Mansfield residents using the services of the Mental Health Clinic BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 1983 Page 5 * 9. Minutes of June 1, 1983 MOTION: To accept the minutes of the Open Session as presented. Levine /Wills VOTED: 5 -0 10. Town Manager Evaluation /Contract Renewal * A. MOTION: To grant a contract to Town Manager W. Chadwick Maurer, Jr., for an additional three -year term beginning August 18, 1983. Wills /Levine VOTED: 3 -2, D'Onofrio and McNair opposed. Selectman D'Onofrio stated that while the present Town Manager exhibits many areas of strength, the evaluation process and workshop had raised some areas of concern which he felt should be addressed and that he had not had sufficient time as a Selectman to work with the Town Manager on these areas. It was his opinion that the best interests of the Town would not be served in granting a three -year contract at this point and offered the following as a substitute motion: B. MOTION: To extend the appointment of the present Town Manager for a period of one year subject to the ability of the Board of Selectmen and the present Town Manager being able to come to contractural terms which are agreeable to both parties; such terms to further define cause for contract termination and specific other conditions of employment which the Board of Selectmen may require. D'Onofrio /McNair NOT VOTED: 2 -3, Dunn, Levine and Wills opposed. Selectman Wills challenged the permissibility of allowing a substitute motion and pointed out that the Town Charter speci- fies that the Town Manager's term of office be three years. Selectman D'Onofrio countered that the legal precedent had already been set for a shorter contract when the present Town Manager was re -hired in December. Selectman D'Onofrio then offered the following amendment to his previous motion: MOTION: To re- appoint the Town Manager for a three -year period subject to the ability of the Board of Selectmen and the Town Manager being able to come to contractural terms which are agreeable to both parties; such terms to further define cause for contractural termination and specific other conditions of employment which the Board of Selectmen may require; and that such contract be retroactive to December 18, 1982. D'Onofrio /McNair NOT VOTED: 2 -3, Dunn, Levine and Wills opposed. BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 1983 Page 6 Selectman Wills expressed his belief that the voters left the definition of "cause" open in the Town Charter for good reason and that making the contract retroactive would result in granting a less than three -year term which would also violate the Town Charter. Selectman Levine stated that in no other contract was "cause" defined and that she felt this would be discriminatory. Selectman D'Onofrio responded that he was not talking about the present Tom Manager, but about the Board of Selectmen properly protecting itself and others. Selectman Dunn stated that he could think of no other contract that the Board had signed being so specific with regard to termination for cause and that such action would create the appearance of being "out for a particular individual with respect to his situation and what we feel is cause for termi- nation." Selectman D'Onofrio countered that his reason for broaching the subject at this time is that this may -be the only opportunity he may have to input into the process. * D. MOTION: To appoint two of our members to begin negotiating the terms of a contract with the Town Manager, such contract to begin on August 18, 1983, and run for three years; that such contract define the performance goals and evaluation system of the Town Manager for that three -year period; that the contract allude to removal from office within the three -year period only by citing the appropriate Charter provision; and further, that if it is acceptable to him, that Dick (D'Onofrio) be involved in that negotiation. Wills /Levine VOTED: 3 -2, D'Onofrio and McNair opposed. E. Selectman D'Onofrio passed out a document for the Board's con- sideration for inclusion in the contract. MOTION: To allow the handout to be used as the working document in writing the contract. D'Onofrio /McNair NOT VOTED: 2 -3, Dunn, Levine and Wills opposed. In discussing the document, Selectman Wills stated his belief that it was not acceptable because it would allow the Board of Selectmen to define cause for removal during the three -year period and that it was not practical since it would apply undue pressure since an agreement had to be reached by June 15th in order to re -hire the present Town Manager. He also stated that some of the items presented in the handout were in opposition to the votes taken by a majority of the Board this evening. The Town Manager voiced his objection, stating that evaluation process was set up as a positive tool for the positive growth BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 8, 19$3 Page 7 and development of the community with. the Town Manager as the chief admini'strati've official and that the provisions of the handout go against the way the evaluation process was set up. * F. MOTION: That the Chairman and Selectman Wills be appointed to begin negotiating the new contract of the Town Manager. Levine /Wills VOTED: 4 -0, D'Onofrio abstained. Selectman D'Onofrio declined appointment, believing that his credibility had been severely inhibited, since the Town Manager had expressed his belief that it was ludicrous to think his actions were not being directed towards an individual. 11. Town Manager's Business A. The Town Manager reviewed the process -of- converting street lights to high pressure sodium lights. It was his recommendation that the process be started in the high density neighborhoods or new developments in East and West Mansfield. He also reported that residents of the Lantern Lane area are requesting that as a minimum, street lights be turned on in accordance with the original standard adopted by the Board i'n 1981. Presently there are at least two lights which do not meet the minimum standard in that area. * MOTION: To adopt the minimum standards of lighting in the Lantern Lane area which were supposed to have been met and have not as yet. Levine /McNair VOTED: 4 -1, Wills opposed. * MOTION: To amend the previous motion to turn on all lights where the minimum standards are not met. 4lials - -no second. K. The Capital Improvements. Committee did not meet last night and has rescheduled their meeting for Tuesday, June 21st, at 7;00 P.M. C. Joint.:ftdget Committee * MOTION: To set up a meeting with the School Committee as soon as possible to discuss the guidelines. Wills /Levine VOTED: 5 -0 D, The. Town Manager reported that Peat, Marwick & Mi:tchell will be in next week to discuss the audit. E. Street Acceptances - The necessary plans to accept Heather Lane and Planti:ngfi.eld Rd. have been reviewed by the DPW Director ( and there. will be a letter next week wi:th_hi:s approval. BOARD OF SELECTMEN "MINUTES OF THE MEETING JUNE 8, 1983 Page 8 12. Selectmen's Business A. Selectman McNair requested a status report on Michael - Angela Estates. He was advised that the court action has been con- tinued for three more weeks and that test holes have to be done with the two towns sharing the cost. B. Selectman D'Onofrio suggested that as a policy statement the Board consider leaving the salary for public safety chiefs negotiatiable when vacancies exist in those positions. C. Selectman Dunn requested that he as Chairman be provided with the vacation schedules of all Board members in order to insure a quorum for summer meetings. * 13. Adjournment — MOTION: McNair /Wills At this point Margot Jellinek asked to be heard. Motion to adjourn VOTED: 1 -4, Wills in favor. Selectman Wills left the meeting at this point. 14. Margot Jellinek read a letter from Reichhold Chemicals, Inc., written to Robert E. Donovan, Hazardous Waste Coordinator for the Commonwealth of Massachusetts, dated August 12, 1981, regarding the surface impoundment investigation. She also read a letter written May 18, 1983, addressed to the Board of Selectmen from the Hazardous Waste Study Committee of the Norton - Mansfield League of Women Voters regarding a potential problem in a lagoon located on the property of Reichold Chemical. The Board will forward the concerns to the Health Agent for investigation and possible action. * 15. MOTION: To adjourn at 11:15 P.M. Levine /McNair VOTED: 4 -0 APPROVED: 11/16M DATE