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HomeMy WebLinkAboutBOS MINUTES 9-19-1984BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PRESENT: Chairman Wills; Selectmen D'Onofrio, McNair, Levine, Dunn; Town Manager 1. The meeting was called to order at 7:00 P.M. and the Flag saluted. 2. Minutes of September 12, 1984 * MOTION: To approve the Minutes of September 12, 1984. D'Onofrio /McNair Selectman D'Onofrio pointed out that the specified "prepared statement" mentioned under Item 7 on Page 5 should be removed and inserted in the MOTION under Item 1, on Page 2. Also, under Item 6, Page 5, the word "consumed ", rather than drunk, is preferred. VOTED to approve as amended: 5 -0 3. Licenses and Permits a) The One -day Beer and Wine license for St. Mary Church was signed. b) Application for One -day Common Victualler License by United Methodist Church, for October 6, 1984, 9:30 A.M. to 3:30 P.M. * MOTION: To approve the One -day Common Victualler License. McNair /D'Onofrio VOTED: 5 -0 * MOTION: To waive the fee for the United Methodist Church license. McNair /D'Onofrio VOTED: 5 -0 c) Sewer Connection Permit for MRM Equipment Corp., for Francis Ave. * MOTION: To approve the Francis Ave. Sewer Connection Permit. Levine /McNair VOTED: 5 -0 d) Sewer Connection Permit for Brunetti for 632 N. Main Street; this is an emergency due to a failed septic system. * MOTION: To approve the Sewer Connection Permit for 632 N. Main Street. McNair /Levine VOTED: 5 -0 4. Warrant #13 * MOTION: To approve Warrant #13 in the amount of $1,452,897.66, dated September 19, 1984, broken down as follows: BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PAGE 2 General Fund - $601,383.25 Revenue Sharing - 1,140.49 School Lunch Salaries - 4,613.86 Special Revenue - 54,869.00 Motor Pool - 158.53 Sewer Enterprise - 27,018.70 Water Enterprise - 26,296.64 Electric Enterprise - 737,417.19 McNair /D'Onofrio VOTED: 4 -0 Levine abstained Special Municipal Employees MOTION: In accordance with the provisions of Chapter 268A of the Mass. General Laws, the Mansfield Board of Selectmen hereby classify all appointed Town officials, referred to under all sections of Article 5 of the Mansfield Town Charter as "Special Municipal Employees ". Dunn /Levine Selectman Dunn said the intent of this motion is to reconsider any previous vote taken relative to the above officials; to estab- list a classification policy which will maintain a consistency and stability of those positions now filled. He said he is dis- turbed over what happened last week which he considers a polit- ical set -up. He proposes this motion to eliminate future in- justices and put a stop to the political chicanery which is so disruptive to the faithful, honest individuals who serve on so many of the Town boards and committees today. He said he feels actions initiated behind the veil of the Ethics Commission by individuals who remain anonymous are too easily done in a mali- cious manner, and he cannot support such actions by allowing a classification system to continue to present such a threat to so many valuable people. Chairman Wills asked if his intent was to grant the same classi- fication to elected officials as well. Selectman Dunn said he intends to offer another motion concerning elected officials. Selectman Levine said she would like to offer an amendment to the motion indicating the Town Charter "as amended ". Chairman Wills said referral to the Town Charter always means the latest edition. Selectman D'Onofrio again stated his feeling that the Special Municipal Employee classification is not in the best interest of the Town and emphasized that at no time did he say there was any one individual in conflict of interest; the Ethics Commission did. He said it is not the Selectmen's responsibility to determine this BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PAGE 3 Selectman D'Onofrio then suggested that a Memo be sent to all boards and committees instructing those individuals who comprise the boards and committees that any individual who thinks he /she could be in conflict should seek Town Counsel advice. Selectman Dunn said he is against asking boards and committees to see who is in conflict. Selectman Levine expressed the opinion that we are only allowing a person to serve, not to act, and went on to say the Town is starved for qualified people to come forward and volunteer; she feels the Special Municipal Employee classification will allevi- ate this situation. MOTION VOTED: 3 -2 D'Onofrio and McNair opposed * MOTION: That in accordance with the provisions of Chapter 268A of the Mass. General Laws, the Mansfield Board of Selectmen hereby classify all elected Town officials referred to under Sections 3 -3 -, 3 -4 and 3 -5 of Article 3 of the Mansfield Town Charter, as "Special Municipal Employees ". Dunn /Wills - Seconded by Wills for purpose of discussion Chairman Wills then excused himself because his sister is a member of the School Committee. Selectman Dunn said the intent-of this motion is the.same.as the one'for appointed officials; i.e. to maintain consistency and stability of those positions now filled. MOTION: To table. Levine /McNair VOTED: 4 -0 Joanne Colella, whose position as Director of the Mansfield Housing Auth ority as well as being a member of the School Committee, initiated the Special Municipal Employee discussion, then asked to have the floor. She advised the Board that;:the State Ethics Commission was in error, referring to Chapter 1218, Public Welfare Law, which covers establishment of Housing Authorities, and Chapter 268A, which she read from and which indicates that she already is a Special Municipal Employee. She has advised the Ethics Commission of this fact, and is awaiting their reply. She then pointed out that Vincent Guerrini had also requested the Special Municipal Employee designation. The discussion ended here, with a recommendation that the Board move on to the fire apparatus issue. 6. Fire Apparatus The Chairman opened this discussion with a question to the Town Manager concerning whether he thought the Board would be able to make a decision tonight or would it probably need a few hours over the weekend in order to make a final recommendation for the Special Town Meeting on Monday night. It was felt more time would probably be needed. The Chairman then said he BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PAGE 4 had another commitment, turned the gavel over to the Clerk, Selectman D'Onofrio, and left the meeting. The Town Manager then reviewed his Memo, copies of which had been given to the Selectman, which covered evaluation of the fire truck bids received and opened that morning. There were four bids received, of which two were closest to meeting the specifications of the Town - Emergency One and Pierce, each with two options. The Town Manager said it appears that the decision on which manufacturer will rest upon service, relationship with the dealer, delivery time, equipment rental, and not on technical points. Both the Demers Associates consultant, Dave Demers, and the Fire Chief were present, as well as salesmen from three of the four bidders, and the representatives answered questions. Dave Demers said he feels either engine of Emergency One and Pierce is acceptable. Chief Sliney said the life ex- pectancy for a custom pumper is 20 years, 15 years for a commercial pumper; both come with a one -year warranty. There was discussion covering the package bids vs. other options, as well as single pricing and trade -ins, with the resulting opinion that more in- formation needs to be provided for a workshop. The decision was to meet at 3:30 P.M. Monday, September 24th. The Town Manager will prepare the options for study prior to the workshop. Great bloods Performing Arts Center Mary O'Neil, attorney for JDC, Inc. came before the Board to ask that the Board not take up the matter for the Center's Entertainment License at this meeting, but that it be put on the agenda for next week. She was ad- vised that it was not on tonight's agenda, but would be for next week. 8. Margot Jellinek Margot came before the Board with a petition signed by 284 people from all over town asking the Board of Selectmen "to use all legal means necessary to ensure that Mr. Chadwick Maurer, Town Manager, will never again be in a position to violate any Federal Laws ". It went on to state that Mr. Maurer, as purchasing agent for the Town, had violated Federal law, referring to the previous purchase of fire equipment, and she repeatedly asked that the Board fire Chad Maurer. She also reminded the Board that if they did not, they then would also be violating Federal lain. MOTION: To take the petition under advisement. McNair /Dunn VOTED: 4 -0 Correspondence a) Notification from Railroad Weed Control, Inc. re: Application of herbi- cides; application is given pursuant to Mass. Gen. Laws. Chapt. 1328. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PAGE 5 b) Letter from Joseph Lambos declining to be appointed as a Special Con- stable; notes problem with gate at Maple Park; referred to DPW Director. c) Letter from Army Corps of Engineers re: Inspection of Wastewater Treat- ment Plant on October 3, 1984. d) Memo from Dept. of Revenue re: Estimated tax payments for communities undergoing Full and Fair Cash Value Certifications for FY -85; Mansfield will be required to recertify in FY -87. e) Copy of report from Corps of Engineers re: Inspection of Wastewater Treatment Plant on Sept. 5, 1984. f) Memos from Police Chief re: Liquor disturbances and radar citations for week of Sept. 12:- 18, 1984, g) Thank you note from Mrs. John White. h) Petition from Loraine Wright and 23 residents of Central Street asking for a sign to be placed on the corner of Central Street and Rt. 106 prohibiting trucks over 5,000 pounds from using Central Street. There was discussion as to whether this could be included in the hearing scheduled for next week, but it was felt the scheduled hearing was for limiting hours and gross weight of trucks (in connection with the APR complaint). * MOTION: To refer to Town Counsel.to determine if a No Through Truck- ing sign requires a public hearing. Levine /Dunn VOTED: 4 -0 i) Letter from Alexander Salachi, Chairman of the Library Board of Trus- tees, requesting to meet with the Board to discuss ideas concerning library expansion or relocation, and the Board's permission to contact a State Board of Library Commissioner's consultant to tour the Town Hall /Police Station facility to aid in evaluating its potential as a library site. * MOTION: To communicate that the Board will be happy to meet with the Trustees at a time when information is available to discuss the problem in earnest. D'Onofrio /McNair VOTED: 4 -0 10. Old Business a) The Town Manager said he had forwarded to all departments the formal request for budget requests, to be submitted to him by November 1st. He said it will be similar in format, but with more information. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1984 PAGE 6 b) The Town Manager called attention to the DPW Director's Memo concern- ing Town Hall maintenance /repair. c) Selectman D'Onofrio advised that he no longer feels the need for a Noise By -law after the discussion with Town Counsel Query last week, as long as the licensee is willing to have a sentence inserted stat- ing that he will abide by all Town by -laws. d) Selectman Dunn inquired about the status of the computer; the Town Manager reported that everything has now been ordered; except the word processor, and the police officers will start training next week. 11. New Business a) Selectman D'Onofrio referred to a newspaper article from the Taunton Gazette, of which everyone had received a copy, which offered a rate fGieclr ") comparison of some 15 communities in the surrounding area; it shows that Mansfield is lower than 11 of the 15 communities. 12. Adjournment * MOTION: To adjourn at 9:40 P.M. McNair /Dunn VOTED: 5 -0 Selectman D'Onofrio then requested that the Board re -open the session so that he could request an Executive Session. * MOTION: To go into Executive Session for the purpose of discussing pend- ing litigation and labor negotiations, and to come out only to adjourn. Levine /D'Onofrio VOTED: 4 -0 MINUTES APPROVED: