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HomeMy WebLinkAboutBOS MINUTES 10-19-1983BOARD OF SELECTMEN MINUTES OF MEETING ( OCTOBER 19, 1983 PRESENT: Chairman Dunn; Selectmen Jim Wills, Richard D'Onofrio, Sandra Levine, John McNair; Town Manager. 1. 7:30 P.M. Meeting called to order 2. Minutes of October 12, 1983 Item 10 -a should indicate that Joe Zeneski met with Brian Jeans of DEQE, not Foxboro officials. * MOTION: To approve the Minutes of October 12, 1983 as amended. McNair /Levine VOTED: 3 -0 Wills and D'Onofrio abstained. 3. Warrant #21 * MOTION: To approve Warrant #21, dated October 18, 1983, in the amount of $410,298.73, broken down as follows: General Fund - $354,762.71 Special Revenue - 9,370.17 Recreation Revolving - 263.41 School Lunch - 5,277.83 Sewer Enterprise - 2,986.17 Water Enterprise - 5,622.42 Electric Enterprise - 32,016.02 McNair /D'Onofrio VOTED: 4 -0 Levine abstained 4. License Applications a) Renewal application for Junk Dealer's License under name of Collectors Anonymous, owned by Cal Vizedom, located at 70 N. Main Street. * MOTION: To approve renewal Junk Dealer's License for Cal Vizedom. Levine /McNair VOTED: 5 -0 5. Correspondence a) Invitation to Fall Show Preview at the Bristol Co. Agricultural School, October 27th. b) Copy of letter to David Wellman from DPW Director in recognition of his 20 years as a Town of Mansfield employee. c) Letter from Cable Vision regarding complaints received on consumer ser- vice during July, August and September. This was discussed with a decision to send a copy to the Cable Advisory Board with an inquiry as to how accurate this report is. BOARD OF SELECTMEN MINUTES OF MEETING ( OCTOBER 19, 1983 PAGE 2 d) Letter from Boy Scout Troop 17 requesting permission to use Town Common, near Town Hall, for sale of Christmas trees. * MOTION: To grant permission to Boy Scout Troop 17 to sell Christmas trees on the Town Common, Dec. 9 through 24, 1983. McNair /Wills VOTED: 5 -0 e) Notification of Bristol County Advisory Board meeting, Nov. 3, 1983, 7:00 P.M. f) Letter from MMA concerning three legislative matters: Pension Funding; Increase of Liability; Right -to -Know. Discussion followed. * MOTION: To send a letter to the Senate and House representatives strongly urging them to oppose House Bill 6688. Wills /McNair VOTED: 5 -0 * MOTION: To send a letter to legislators asking them to support Senate Bill 2161. Levine /McNair VOTED: 5 -0 g) Letter from Ann Iarrobino requesting the street light across from their home (185 S. Main Street) be turned on. * MOTION: To turn street light on across from 185 S. Main Street. McNair /D'Onofrio VOTED: 4 -1 Wills opposed h) Letter from Margot Jellinek re: additional nuclear power. This is to be considered at a Light Commissioners meeting. i) Notification of Public Hearing from DPU re: New England Telephone service. Discussion followed concerning Mansfield's needs vs. this type of new ser- vice being offered other communities. * MOTION: To send a letter to DPU, referring to their Notice 1570, specifi- cally pointing out the fact this this particular community has been promised ESS service since 1975 and is still waiting for improvements to its basic service. D /Onofrio /Levine VOTED: 5 -0 j) Letter from Dept. of Public Health requesting that the Board of Selectmen proclaim the week of November 13 through 19 "Emergency Medical Services Week ". * MOTION: To proclaim the week of November 13 through 19 Emergency Medical Services Week in the Town of Mansfield. Levine /D'Onofrio VOTED: 5 -0 k) Notification of a one -day Local Government Seminar at Sturbridge Nov. 5th. 1) Memo from Conservation Commission re: Meeting with Foxborough regarding their Wetland Protection By -law on October 24, 9:00 P.M. m) Copy of letter from DEQE to Senator David Locke re: Hercules Powder site on Stearns Ave. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 19, 1983 PAGE 3 n) Memos from Police Chief on Liquor Disturbances and Radar Violations for week of October 12 - 19. o) Letter from Aberthaw Construction Co. regarding withdrawal of Sewer Appli- cation for 130 Forbes Blvd. 6. 8 :00 P.M. Public Hearing - Bristol Package Store Mr. Stephen J. Payne, Manager of Bristol Package Store was present to explain the desire to expand the size of the present store from 1350 sq. ft. to 1880 sq. ft., by removing the partition which divides the present store from a vacant area formerly occupied by Douglas Sharp Clock Shop. The enlarged area would allow them to enlarge their cooler and storage space, as well as im- prove the appearance of the overall store. Plans include eliminating the door used by the Douglas Sharp Clock Shop, so that there will only be the same two doors for the Package Store, as before. The Hearing closed at 8:10 P.M. * MOTION: To approve the Bristol Package Store request for expansion of their store from 1350 square feet "to 1880 square feet, subject to approval by the Building Inspector concerning removal of the partition. McNair /Levine VOTED: 5 -0 7. Old Business - Town Manager Town Manager previewed his discussion, on a Memorandum which had been distri- buted to each Selectman, by stating that two weeks ago, by vote of the Board, he had been instructed to come up with a reduction in appropriation of $84,000. In order to accomplish this, he had sent a Memo to each department head asking them to make at least a 2.1% cut in their appropriation. He re- ceived these, together with department head requests, on Monday, 10/17, and met with them again on 10/19 after he had reviewed them. From this he de- veloped the proposal, as included in the Memo, which will accomplish the $84,000 reduction without substantial cut in services, he feels. He has divided reductions into three general areas: Minimum Impact; Major Impact; and General. At this point, discussion was postponed until after a scheduled Public Hear- ing. 8. 8:30 P.M.- Public Hearing - Real Estate Classification Present were Harold Mendoza of Appraisal Consultants of New England, Corp; Al Turinese and Pete Saunders of the Board of Assessors; Shirley McPhee, Assessor's Office. Mr. Mendoza's first comment was that Mansfield is in ex- cellent condition. He then substantiated this with figures for four major classes: 1) Residential 51% of total value; 2) Open Space 2.6 %; 3) Commer- cial 4.3 %; 4) Industrial and personal property 46.3 %. With classification a minimum residential rate (65 %) could be $12.07; the commercial rate could be as high as $26.12. If the Town uses a single rate it will be $18.58. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 19, 1983 PAGE 4 The Hearing was then open to the floor. Tony Farinella, of Sannie's, voiced his desire to not classify, feeling higher rates could discourage further development and industry; Mr. Dalton, representing Cabot Cabot & Forbes was in agreement with this; Alan Johnson said he felt the Town was presently of- fering improvements in many areas with the tax rate now used; Margot Jellinek then asked the Selectmen to please continue the Hearing and advertise it, which, she said, is required by law. The Chairman asked Town Counsel, who was present, for his opinion on this; he said it was not required to readver- tise or post a continued hearing. Mr. Turinese then thanked Mr. Mendoza for coming tonight. MOTION: To close the Hearing. Levine /Wills VOTED: 5 -0 MOTION: To continue the classification factor at 1. Levine /Wills VOTED: 5 -0 Old Business - Town Manager (Cont'd) Each of the three general areas was covered and discussed in some detail. Town Manager advised that he feels after the Board has reviewed these recom- mended cuts, a special meeting should be held to formally discuss each one in detail, then a formal vote should be taken on the reductions. Discussion then covered Conservation Land Acquisition funds being appropri- ated for general tax rate reduction or into a special fund to be used for future pensions; this issue was suggested as one for the Special Town Meet- ing warrant. Eight other Articles were offered, plus three from the Board of Assessors and one from the School Committee. The Town Manager summed up his feelings by stating that he feels the town officials need to sit down and face the Town's fiscal condition NOW, in the hope of formulating a direc- tion for the future. The School Committee article was discussed with Town Manager expressing the feeling it was not necessary as the items covered in it were covered, each separately, in the other Articles as presented. Dave Clemmey, of the School Committee, stated he felt, as a matter of courtesy, it should be put in. It was pointed out by Town Manager, that as the Articles are worded for the Warrant, it does not tie the Town into a set amount. Selectmen D'Onofrio felt it would be wise for the Seelctmen to sit down with the Town Accountant and the Town Manager for consideration concerning revenue. MOTION: To accept the Articles as presented by Town Manager for the Special Town Meeting, and to include the Article by the School Committee and those by the Board of Assessors. Levine /No second AMENDED MOTION: To put three Assessors Articles in as #10, #11, #12 and put the School Committee Article in as #13. Levine /McNair VOTED: 5 -0 MOTION: To accept the initial Motion as amended. Levine /McNair VOTED:. 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING ( OCTOBER 19, 1983 PAGE 5 * MOTION: For the Board of Selectmen to call a Special Town Meeting for Mon- day, November 7, 1983, 7:30 P.M. at Mansfield High School Auditor- ium on East Street. Wills /Levine VOTED: 5 -0 * MOTION: To close the Warrant for the Special Town Meeting. McNair /Levine VOTED: 5 -0 At this point Selectmen D'Onofrio said he felt that as a matter of courtesy all Boards should be notified of the proposed cuts. It was decided to meet Monday, October 24th at 4:00 P:M. to discuss the reductions in more detail. 10. Old Business - Selectmen a) Selectman Levine advised that she had checked the Minutes and found that on 8/31/83 a vote was taken to turn the street light on at Juniper and Hemlock, and it is not yet on. Town Manager will take care of it. b) Selectman D'Onofrio said he had received a request from a resident on Stearns Avenue to reconsider the light at the end of Stearns Ave. at the Easton line. Town Manager said this should be on; he will attend to it. c) Chairman Dunn brought up the matter of the past -due ambulance bills. The Board felt they were not yet ready to take a vote. d) Questioned about the lime injection program and treatment plant proposals, DPW Director, Joe Zeneski who was present, indicated both are progress- ing; lime injection should begin within a matter of weeks, Town Manager explained he has received two draft proposals for the treatment plant and has inspected two operating plants to date. He hopes to have a rec- ommendation on this by November 1st. e) Discussion was again initiated concerning budget reports, something to enable identification of expected expenditures for an entire year; ex- pecially for items expected to be overbudgeted. A need for more exercise in budget management was expressed. Selectman D'Onofrio felt there was need for a history of expenditures for the various departments before you can get a good overall picture. 11. New Business - Selectmen a) Selectman D'Onofrio said he had a confidential matter from Ernest Mar- shall which he felt would be better discussed in Executive Session. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 19, 1983 PAGE 6 12. Executive Session The question was raised as to whether it is proper to go into Executive Session to discuss sewer problems. Town Counsel said Yes, if the issue could result in litigation. * MOTION: To go into Executive Session to discuss three items. Dunn /D'Onofrio Not voted. Alan Johnson of the Sun Chronicle objected, saying the Board would be open to a suit if they go into Executive Session for anything other than a matter of litigation. * AMENDED MOTION: To go into Executive Session to consider land acquisition and a confidential matter only. Levine /Wills VOTED: 2 -3 Dunn, D'Onofrio, McNair opposed Chairman Dunn stated that the Town Engineer has a report for the Board which offers alternatives which should be considered in Executive Session. The Board would not be setting a policy in Executive Session, just discussing the issues. * MOTION: To go into Executive Session to consider three matters. To open the meeting for adjournment only. D'Onofrio /McNair VOTED: 3 -2 Wills and Levine opposed Further discussion followed; Town Counsel advising that the fact that the Town may shortly be in litigation over one submitted application indicates the discussion should be handled in Executive Session. * MOTION: To take a 10 minutes recess for Town Counsel to do some research. D'Onofrio /McNair VOTED: 5 -0 Town Counsel came back advising that in reviewing the law the Board has only one reason to go into Executive Session: to discuss strategy with respect to bargaining or litigation. The question as to when litigation begins, as interpreted by Town Counsel, is when the actual filing takes place. * MOTION: To reconsider the vote to go into Executive Session for three matters. D'Onofrio /McNair VOTED: 5 -0 Selectman Levine then asked Town Manager if the land acquisition matter needed immediate action. He advised that it relates to a grant being applied for which is due November 1; it is a grant for watershed protection. It was decided the matter could wait until next week's Board meeting. Town Manager then reveiwed the background on sewer applications, stating that following the vote of the Board two weeks ago to secure a professional BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 19, 1983 PAGE 7 opinion concerning capacity on West Street, Camp Dresser & McKee advise that they feel they gave an opinion a year ago and nothing has changed. At that time they said there was no further capacity; Selectman McNair advised that as far back as 1978 the system was thusly appraised. He also said that a sewer policy had been formulated in 1982; unfortunately there had not been any follow -up. DPW Director, Joe Zeneski, discussed his view of the situation, answered questions, and elaborated on methods he is now instituting to remedy problems, catch infiltration, misuse, etc. He feels we can see the light at the end of the tunnel (new treatment plant) and in the interim the department is doing everything possible to handle the sit- uation fairly well. He reminded the Board that EPA is aware of the prob- lems, but accepts it as long as there is indication it will be remedied as soon as possible. Town Manager reminded the Board that Mansfield has de- pended upon industrial growth to defray the expense of new capital costs, and if a moratorium is declared, it will apply to the entire system. Further discussion covered whether to continue with the present sewer policy, which is that of former Boards; continue the policy with some changes; can further applications be considered on a monitored basis. Town Counsel's opinion is that they must be taken on a first -come first -serve basis. Again the matter of infiltration as a factor was brought up. Joe Zeneski advised that they are now monitoring water consumption vs. sewer discharge as a possible indication for problem areas. * MOTION: To consider the Sewer Applications which had been tabled. Levine /D'Onofrio VOTED: 5 -0 * MOTION: To approve the Sewer Application for Dominic Texeira on Liberty Street. Levine /D'Onofrio VOTED: 4 -1 Levine opposed. * MOTION: To approve the Sewer Application for William Richard at 22 Pleasant Street. Levine /D'Onofrio VOTED: 4 -1 Levine opposed. * MOTION: To approve Sewer Application for Leon Grant at 235 S. Main Street. Levine /D'Onofrio VOTED: 4 -1 Levine opposed. * MOTION: To approve Sewer Application for Bonwood Co., Inc., Lot 5 Creedon Street. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. * MOTION: To approve Sewer Application for Bonwood Co., Inc., Lot 6 Creedon Street. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. * MOTION: To approve Sewer Application for Bonwood Co., Inc., Lot 7 Creedon Street. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 19, 1983 PAGE 8 * MOTION: To approve Sewer Application for Bonwood Co., Inc., Lot 8 Creedon Street. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. * MOTION: To approve Sewer Application of Bonwood Co., Inc., Lot 1 Henry Avenue. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. * MOTION: To approve Sewer Application of Bonwood Co., Inc., Lot 2 Henry Avenue. Levine /D'Onofrio VOTED: 3 -1 Levine opposed; Wills abstained. * MOTION: To not accept any furhter application, based upon the Town Engineer's opinion that there is insufficient capacity in the line, until a new policy is formulated and voted upon. D'Onofrio /Levine VOTED: 5 -0 13. Adjournment * MOTION: To adjourn at 12:10 A.M. Levine /McNair VOTED: 5 -0 MINUTES APPROVED: r � � Cj rk p Date "signed