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HomeMy WebLinkAboutBOS MINUTES 2-15-1984* l BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 r• FR 2 3 1984 PRESENT: Chairman Dunn; Selectmen Wills, D'Ohofrio, McNair; Town Manager; Selectman Levine arrived at 7:38 P.M. 1. Meeting called to order at 7:33 P.M. 2 MOTION: That the Board of Selectmen adopt a new policy, that being to salute the flag at the start of their meetings. D'Onofrio /Wills VOTED: 4 -0 The flag was then saluted. Minutes of February 8, 1984 * MOTION: To approve the Minutes of February 8, 1984. D'Onofrio /McNair VOTED: 3 -0 Dunn abstained 3. Warrent #39 Selectman McNair questioned a Water Department voucher for repairs/remodel - ing'of a 1979 Dodge truck, as a water line expense.. The DPW Director was present and explained that the truck was converted for use for the lime system and, subsequently, a small truck was converted also. * MOTION: To approve Warrent #39, dated February 14, 1984, in the amount of $620,427.95, broken down as follows: General Fund - $122,909.10 Revenue Sharing - 11,376.93 Special Revenue - 4,166.12 Motor Pool - 328.20 Sewer: Enterprise - 60,980.12 Water Erite.rpr4se. 9,132.17 Electric Enterprise'- 411,535.31 D'Onofrio /McNair VOTED: 4 -0 At this point Selectman McNair stated that the Board had been given a full explanation concerning Voucher No. 3796 in.the amount of $468.77,(which was voted to be held "out at last week's meeting) by John Larch, and it ap- peared that the Town was at fault. * MOTION: To approve Voucher No. 3796 in the amount of $468.77. McNair /D'Onofrio VOTED:" 4 -0 Levine abstained 4. Senator Locke Senator Locke discussed the local aid package which had been passed by both branches of the legislature. He said, however, that the formula being ap- plied is not yet available, and this fact he does not like. He went on to BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 2 say that there has been aid which, he feels, is specific yet, but that Asked about Chapter 90, a deliberate public statement regarding the local a good sign. As for ear - marking, there is nothing it may come in through the back door, so to speak. he said there is no real change. Chairman Dunn asked the senator if there was anything he could do to en- courage New England Telephone to cooperate with the Town's effort to put down underground lines in the downtown area. Selectman Wills emphasized the deadline which is approaching, as set forth in the Grant. Senator Locke said he would ask Dan, in his office, to talk to Chad for details concerning the matter. The senator asked about progress with Foxboro and the wastewater treatment plant. The commuter rail service was discussed in relation to increased use when the Southeast Expressway reconstruction begins; Senator Locke commended Mansfield's efforts on behalf of commuters. Selectman D'Onofrio asked about developing revenue without increasing taxes, with discussion following. Senator Locke said there is some justification for increasing fees (non - taxable revenues) in some areas. Dresser & McKee Jim Glendye, Charles Loveridge and Paul Marchessault were present to give their monthly report. Main discussion focused on details concerning the roof for the Process Building. Project costs were reviewed. CDM is pres- ently reviewing a contractor request for a six month time extension to the contract; in -place construction is estimated at 74.5 %. Mr. Loveridge asked for approval of one Change Order to cover by -pass pumping around an existing box culvert. MOTION: To approve a Change Order in the amount of $2450.70 to cover by- pass pumping around an existing box culvert. Wills /D'Onofrio VOTED: 5 -0 Paul Marchessault advised that the Contract 3 amendment had been approved and should be out to bid by March 1, 1984, with construction to start by June 1, 1984. The Clerk then read a letter from Paul Marchessault expressing his regret over having to leave the project at this time and his appreciation in work- ing with Mansfield officials. * MOTION: To write a letter of appreciation and commendation to Paul March- essault, to be included in his personnel file, with a copy to his bosses. Wills /McNair VOTED: 5 -0 Paul Marchessault advised the Board that he has met with the DPW Director, Treasurer and Accountant to go over necessary information they will need to handle future matters, and that time so spent will be reimbursable up to 90 %. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 3 6. Mo Prasad, Mansfield Cable Access Corp. Mo Prasad was present to answer questions concerning complaints pertaining to Cable TV and to discuss the use of local channels. The Clerk first read a letter from Mo Prasad which was in answer to the Board's letter of February 6, 1984. Mo advised that Channel 13 is running a notice that any complaints should be submitted in writing, giving the correct name and ad- dress to send them to. He then described the equipment, keyboard, etc. which are presently being acquired and installed (Police Dept. and School Depts. already have theirs) for local programs, saying they will shortly be running an ad for people interested in learning (as volunteers) to act as producers, programmers, etc. He said they hope to televise the Town Meeting this year. American Paper Recycling Co. Mr. Mauermann of APR was present along with his attorney, James P. Perkoski; Town Counsel was also present. The Clerk read a letter received from Atty. Perkoski to open the discussion; Chairman Dunn spoke briefly covering the fact that the Board had promised everyone at the January 25th hearing that the Board would come up with a decision on this date, and that he had spent some time with Town Counsel going over the areas of concern. There was discussion over the issues, with much repetition; APR claiming that much of the noise is coming from other plants in the area, trains, etc. Selectman Wills asked, would they be willing to enter into a consent decree in the court, explaining that an agreement is needed that the court can put a stamp on so that it can be enforced. Selectman D'Onofrio asked if they thought they could operate without a third shift; i.e., no shift between 11:00 P.M. and 7:00 A.M. * MOTION: To ask Town Counsel to file a complaint as soon as reasonably possible after consultation with the Zoning Officer and other appropriate parties with the intention of securing a- decree from the court for enforcement of regulations that would alleviate the problem. Wills /McNair VOTED: 5 -0 8. New Business - Selectman Levine Selectman Levine asked the Board for time to present an important matter, which possibly may concern litigation at some point, while Town Counsel was present. This was granted. She said she had received a telephone call yesterday from a Lee Distefano of the State Ethics Commission regarding a complaint from a Mansfield resident claiming that Sandra Levine had a con- flict of interest acting as a Light Commissioner regarding actions on Mun- icipal Building electric rates and residential all- electric rates, mention- ing an actual or potential benefit received. Mrs. Levine then read her reply to Mrs. Distefano in answer to the allegation; then asked the Board for * * BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 4 permission to afford her the use of Town Counsel to represent her in the State Ethics Commission case. MOTION: That we request Town Counsel to give his opinion to Mrs. Levine, based upon the facts presented in the case of Mrs. Levine. Wills /McNair 9. Correspondence VOTED: 4 -0 Levine abstained a) Valentine from Mansfield Jaycee Women. b) Letter from the State DPW requesting a vote from the Board of Selectmen to lower the speed limit on Elm and School Streets. MOTION: To adopt the new Speed Regulation No. 687 -A for Elm Street and School Street, as written. Wills /D'Onofrio VOTED: 5 -0 c) Inspection report of the Wastewater Treatment Plant by Corps of Engineers. d) Notice of public hearing before the Department of Public Uitlities. e) Letter from Steven Greenberg to the Board of Selectmen requesting an opinion from Town Counsel concerning his candidacy as a member of the School Committee. Discussion followed, with Town Counsel advising that he had already spoken to Mr. Greenberg on the phone. The feeling was that since Mr. Greenberg is not a Town official, he is not entitled to use Town Counsel. * MOTION: To have Town Manager send a letter to Mr. Greenberg informing him that he cannot use Town Counsel for an opinion, but should go directly to the State Ethics Commission; however, if he is elected, he can then seek Town Counsel's opinion. Wills /D'Onofrio VOTED: 5 -0 f) Notification from SRPEDD requesting the Board of Selectmen to appoint a representative to the Joint Transportation Planning Group. It was de- cided to table this until next week, while Town Manager checks to see if the incumbent representative would take the position. g) Notification from Dept. of Environmental Management on the appropria- tion for insect and pest control for the Town of Mansfield. h) Letter from William Palanza notifying the Board that he will not accept the appointment as an Associate Memeber of the Mansfield Board of Ap- peals. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 5 * MOTION: To accept William Palanza's resignation and send him a letter thanking him for his years of service McNair /Wills VOTED: 5 -0 i) Notification from State DPW re: Change of speed limits on Rt. 140. j) Weekly rainfall report from the DPW. k) Memos from Police Chief re: Liquor Disturbances and Radar Citations. 10. Old Business a) The Tom Manager took a minute to clarify information on bonding which he had presented at last night's meeting with the School Com- mittee and Finance Committee. Selectman Levine left the room for this and next discussion. b) Selectman D'Onofrio wished to make a public statement, referring to discussion of an item a School Committee member had brought up which was seen in the "paper and was at odds with facts "; i.e. He, Select- man D'Onofrio, has never taken the position that Selectmen should be- come involved in school business. Selectman Levine returned. c) The Town Manager advised the Board that their vote to limit commuter parking in one area to Mansfield residents only has raised questions as to State approval, and he has discussed this with people in the DPW Commissioner's office. He, therefore, suggests that the Board not implement the restriction until word comes back from the Commis- sioner. Discussion followed on other means of accommodating commuters. par- ticularly because of the expected increase as the Southeast Express- way reconstruction begins. Possibilities included petitioning the MBTA to reactivate the East Foxboro station; possible leasing of prop- erty available adjacent to the tracks. d) The Town Manager reviewed his Pending Items Memo concerning a request from William Upham, of Stearns Avenue, for a connection to the Easton water system. He had met with the Easton Board of Selectmen Febru- ary 13th, who tabled the Upham's request until Mansfield meets cer- tain requirements. Town Manager suggests the following: 1) A definitive statement, voted by the Board of Selectmen, stat- ing that the only dwellings that can be connected to the Easton BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 6 water system are the ones that have already been constructed. 2) That the Mansfield Board of Health, which has to approve all private water supplies, put on notice all well applications in the Stearns Avenue area that the Town's experience in the past has been that wells developed in that area are not able to maintain their rated safe yield. * MOTION: To approve the Town Manager's proposal and put a disclaimer on wells in the area, by the Board of Health. Wills /McNair VOTED: 5 -0 e) The Town Manager advised the Board that the lime treatment equipment has not yet been delivered and will not be for several more weeks. The possibility of asking for liquated damages was discussed, but felt to not be likely since the Town had not paid any money to date. f) Town Manager reviewed a Memo from the DPW Director covering the DPW uniform expense, as questioned last week. Last week's questioned voucher was not for just one month's expense and included purchase of a winter jacket as more cost effective than renting one. The uniform requirement is in accordance with the Union contract and the DPW Direc- tor feels it has had a good effect on morale and public image, and identifies Town employees. The Board was satisfied with the explana- tion as presented. g) Selectman D'Onofrio spoke about budget purposes and issues facing the Town and what, he felt, was a sorely needed education on budget opera- tions. He suggested holding a one -day workshop involving Selectmen, School Committee and Finance Committee, to develop knowledge and under- standing from each side. He does not think anybody knows what 2 -1/2 means and feels all could benefit by opportunity to get better know- ledge base from which to operate. Chairman Dunn supported the sugges- tion; the Board will take it under consideration. h) Chairman Dunn expressed a desire to set a date for the next joint meet- ing with Boards and Committees. * MOTION: To hold the next meeting with the Planning Board only to dis- cuss Articles, to discuss status of the Master Plan, to dis- cuss duties of the Town Planner, and to discuss the limit of authority of that Board. Wills /D'Onofrio Selectman Wills said time is extremely limited and there are issues that come up very shortly. There was discussion as to whether to hold BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 15, 1984 PAGE 7 a separate meeting, or to meet on a Wednesday evening when both Boards are already gathered. The decision was to ask them to meet Wednesday, February 29th at 9:00 P.M. VOTED: 5 -0 * MOTION: To hold joing meeting with Boards and Committees March 5th, 7:30 P.M. D'Onofrio /Levine VOTED: 4 -1 Wills opposed 11. Applications and Appointments a) Jocelyn Rosado Application for Constable, as Dog Officer for the Town of Mansfield. * MOTION: To approve the application of Jocelyn Rosado. for one year. Levine /D'Onofrio VOTED: 5 -0 b) The Clerk read a letter from William Richard declining his appointment to the Electric Advisory Commission, stating he would prefer to re- main available for the Airport Commission. * MOTION: To accept William Richard's letter of resignation from the Electric Advisory Commission. D'Onofrio /Wills VOTED: 5 -0 * MOTION: To appoint William Richard to the Airport Commission. D'Onofrio /Wills VOTED: 5 -0 12. Adjournment * MOTION: To adjourn at 11:25 P.M. Wills /Levine VOTED: 5 -0 MINUTES APPROVED: