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HomeMy WebLinkAboutBOS MINUTES 8-10-1988BOARD OF SELECTMEN MINUTES OF MEETING AUG 2 51988 AUGUST 10, 1988` m PRESENT: Selectmen Markt, Tartufo, Levine; Town Manager Selectman Dunn arrived at 7:45 P.M. 1. The meeting was called to order by Selectman Levine at 7:40 P.M. * MOTION: To appoint Selectman Levine Chairman for the evening. Tartufo / Markt VOTED: 2 -0 The Flag was saluted. 2. Warrant Nos. 5, 6 and 7 * MOTION: To approve Warrant No. 5 in the amount of $743,581.66, dated July 26, 1988, broken down as follows: General Fund - $536,329.77 Revenue Sharing - 504.40 Special Revenue - 21,994.27 Capital Projects - 1,652.00 Sewer Enterprise - 8,745.98 Water Enterprise - 21 036.74 Electric Enterprise - 153,318.50 (' Tartufo / Markt VOTED: 3 -0 Levine abstained on School items * MOTION: To approve Warrant No. 6 in the amount of $798,967.82, dated August 2, 1988, broken down as follows: General Fund - $572,675.38 Revenue Sharing - 1,548.00 Special Revenue - 23,519.56 Capital Projects - 171,818.55 Sewer Enterprise - 7,236.37 Water Enterprise - 8,950.34 Electric Enterprise - 13,219.62 Tartufo / Markt VOTED: 3 -0 Levine abstained on School items * MOTION: To approve Warrant No. 7 in the amount of $748,685.74, dated August 9, 1988, broken down as follows: General Fund - $210,475.02 Revenue Sharing - 7.99 Special Revenue - 22,703.42 Capital Projects - 236,336.05 Sewer Enterprise - 52,358.71 Water Enterprise - 12,072.49 Electric Enterprise - 214,731.86 Tartufo / Markt VOTED: 3 -0 Levine abstained on School items BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 2 3. Minutes of July 20 and July 27, 1988 MOTION: To approve the Minutes of July 20, 1988. Tartufo / Markt VOTED: 3 -0 Levine abstained MOTION: To approve the Mintues of July 27, 1988. Markt /Tartufo VOTED: 4 -0 4. Licenses & Permits a) Application for One -Day All Alcoholic License for Sept. 3,4,5,6 for their field trials and dinner.- Tri- County Beagle Club. MOTION: To approve the One -Day All Alcoholic License. Markt /Tartufo VOTED: 4 -0 b) Request for waiver of Building Permit Fee, roof repairs for the D.A.R. house on Central Street. MOTION: To waive the fee 5. Question & Answer Period Markt /Tartufo VOTED: 4 -0 Acting Chairman Levine acknowledged the presence of a large group of citi- zens who were responsible for the flyer which had been passed out entitled C T A (Citizens for Trash Alternatives). Selectman Levine read the flyer, then asked if there was a spokesperson for the group. Michael Marrese said he was a resident and an attorney; he asked "Has the Catalyst Waste To Energy Corp." information been submitted to any board /committee ? ", How can this pro- posal be considered by any board when there is a moratorium ?" Selectman Dunn explained the Town's clear statement /moratorium; however, an individual, as a private developer, has the right to initiate such a pro- posal. The State is requiring him to proceed with an environmental impact study, and the Town is proceeding to implement a Solid Waste Study. Mr. Marrese asked "When does the Town say you can go no further ? "; it would then become a legal case. Selectman Tartufo said the Board of Health has "siting" jurisdiction. Mr. Marrese asked the Board of Selectmen to consult with Town Counsel as to what is acceptable Town action under the moratorium and what is not. He was advised that nothing pertaining to the proposal has come be- fore the Board yet. Mr. Marrase said he feels the moratorium is on siting. Selectman Dunn said the intent of the moratorium was not just to delay but to stop. MOTION: To ask Town Counsel what Town action is prohibited during the two -year moratorium voted on at the April 1987 Special Town Meeting, with a request for a written response for the August 24th meeting. Tartufo / Markt VOTED:4 -0 BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 3 Selectman Tartufo advised that the Board of Health did impose some regula- tions, and Mansfield's are more stringent than the State's. He was not sure whether they would have to be followed, whether they would precede the State's. 6. Public Hearings /New England Telephone Co. The Clerk read Petition No. 88 -4 for conduit, manhole, pad and service term- inal location on East Street and Eastman Street (Rt. 106). Ken Carlson, rep- resentative for the phone company, was present. He explained that the Mans- field Electric Company and the Cable TV will also be putting their lines in the conduit. Notice to abutters, with Return Receipts, were noted. Mr. Carl- son advised that one pole is required to bring the electric cable down to the conduit and a petition for that pole will come next week. The Clerk read Petition No. 88 -5 for pole and wire locations on Francis Ave. Selectman Dunn said he thought those lines were to be underground. Mr. Carl- son was not knowledgeable of this petition. * MOTION: To close the hearings. Dunn /Tartufo VOTED: 4 -0 * MOTION: To approve Petition No. 88 -4 for underground cables on East Street and Eastman Street, with one pole. Dunn /Tartufo VOTED: 4 -0 * MOTION: To deny Petition No. 88 -5 for pole and wire locations on Francis Ave. and require installation of underground according to the plan. Dunn /Tartufo VOTED: 4 -0 7. Fair Housing Interviews Since two applicants were not able to attend, it was decided to put off all interviews until the next meeting, August 24th. 8. Correspondence a) Letter to the Board from Assistant Secretary Tierney, Executive Office of Communities & Development re: Strategic Planning applications. b) Copy of letter to Nick Carpeno, Highway Foreman, re: Appreciation for prompt and thorough attention to a problem. c) Letter from U.S. Bureau of The Census re: Need for temporary workers. d) Letter from Executive Secretary, Mass. Municipal Personnel Assoc., Inc. re: Invitation to become a member. e) Memorandum to the Board from Zoning Board of Appeals re: Reorganization of their board. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 4 f) Copy of letter to Self -Help, Inc. from Director of Mansfield Council -On- Aging re: Use of Mansfield facility for Sept. 23 Special Election of area representative. g) Letter to the Board from Chairman Flood, Committee on Taxation, House of Representatives, Boston re: His letter to House Speaker Keverian requesting House being called back into session to deal with Governor's veto of $91 million to local aid funds. h) Meeting Notice from Executive office of Environmental Affairs re: Neces- sity for an Environmental Impact Report for Whiteville Pond, Franklin Street, Mansfield, August 4th consultation meeting. - Conservation Agent attended i) Letter to the Board from Senator Locke re: Copies of letter to Pres. Bulger and Speaker Keverian in favor of calling a formal session of the legisla- tion to address the local aid veto. j) Memorandum from Fire Chief Shedden re: Letter he sent to management staff of the Amego House. k) Letter to the Board from Executive Director Stephen Andrade, S.E. Mass. Partnership re: Proposed Taunton River Basin Water Needs Study. - The Town Manager said he is presently serving as interim representative. 1) Neighborhood Sound Update for Great Woods, June 30 -July 15, 1988. m) Letter from Acting Executive Director of the MMA re: MMA Board of Direc- tors meeting with Gov. Dukakis to discuss the $91 million veto of local aid. n) Memorandum from SRPEDD re: Projects Eligible for Economic Development Administration funding. o) Letter to the Board from John Moran, Supt. of Schools, re: Request for Special Election for ballot question for new elementary school. - See #9 following p) Copy of letter to Jerry St. Hilaire from Section Chief, Mass. Division of Water Control /DEQE, re: Appreciation of guided tour afforded them. q) Letter to Municipal and School Officials from Assistant Secretary, Execu- tive Office of Communities & Development re: Cancellation of Round 10 Incentive Aid Program. r) Brochure from MMA re: Tenth Annual Meeting & Trade Show January 6 -9, 1989. s) Memorandum to the Board from Chairman Harrington re: Special Election. t) Copy of letter to the Town Manager from Town Counsel re: Jackson Court property. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 5 u) Three notices of public hearings by Dept. of Public Utilities: - ACC Long Distance Corp. - Berkshire Cellular, Inc. - American Paging, Inc. v) Notice of requirement for an Environmental Impact Report from Secretary of Environmental Affairs re: Mansfield Resource Recovery Facility /Cata- lyst Waste -To- Energy Corp. w) Letter to the Board from Mr. & Mrs. Funsch, 962 Maple Street re: Need for new elementary school and Special Election for ballot question, ac- companied by a petition with some 60 names. x) Memorandum to Board of Selectmen and Planning Board from Chairman of the Master Plan Advisory Council re: Joint meeting for presentation of the the Master Plan. 9. School Committee Reauest for Special Election Joanne Begley, Chairman of the School Committee, had asked for time to ad- dress this issue; School Superintendent, John Moran, and the School Business Manager, Bob Gurek, were present, along with other Committee members. John Moran reported the crowded conditions, particularly in Grades 4, 5 and 6, and reminded the Board members that with 95 new units in Mansfield Depot II, that will add almost one student per unit. He said the need for a new ele- mentary school is clear and is going to get worse during the year. Joanne Begley advised that anything other than a new building is not reim- bursable and, if they do not go forward now, they will very likely lose the 67% State funding. Suggested dates for a Special Election were October 13th or 18th, otherwise it runs too close to the State Primary and Presidential elections. Select- man Dunn spoke of the Board's Executive Session August 10th and the decision to go for an override for land acquisition for a well site. Selectman Levine suggested that the School Committee and Selectmen hold a joint meet- ing to sit down together for a common discussion. The Town Manager said he had discussed elections with the Town Clerk and reminded the Board there must be a 2/3 vote (2/3 of the entire Board, not just those present) for this issue. Selectman Tartufo pressed for a decision for the School Commit- tee tonight. Selectman Levine countered that the Board has two issues and they both have to be faced now. The Town Manager reminded the Board that one issue has come before the townspeople twice and both issues have Town Meeting approval contingent upon passage of an override. Selectman Dunn said he feels the two issues should be kept on separate ballots; the School Committee is here, so the Board should consider their request tonight. Selectman Levine reminded the School Committee she cannot vote on their issue because of conflict of interest, so that the Board cannot vote tonight. Consensus of the Board was for two separate ballots /elections, and for the School Committee to meet with the Board August 24th. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 6 10. Open Meeting /Wastewater Treatment Plant Bill Mackey and Jim Small, of CDM, were present, along with Jerry St. Hilaire, Operations Manager of the WWTP. They mounted a map of the town on the wall on which was shown proposed sewer line installations for both West Mansfield and East Mansfield, and Bill Mackey offered pros and cons for West vs. East. Selectman Tartufo said he does not see the advantage of putting sewer out School Street mainly to eliminate one pump station. East Street will access many customers and has a developer who is willing to contribute towards the line in East Mansfield. The suggestion was made that the Town take the lead, then institute a "recovery cost" for developers who want to tie in. It was stated that a lift station creates flow restriction. Bill Madan, representing the Planning Board, was present. He advised that the Planning Board feels it's "now or never" with many developers. One developer is willing to contribute $100,000, and two or three others are willing to negotiate. Bill emphasized that the Planning Board wants to pro- tect the aquifer in East Mansfield, by; not having septic systems. Bill Mackey suggested that the Town go the next step, the preliminary design plan for putting sewer in on the way to the north side of East Mansfield, then talk to the developers. Selectman Dunn said there is no doubt sewer is needed more in East Mansfield. The Town Manager felt the design of the School Street line should be done using the $400,000 already appropriated. Selectman Tartufo pointed out that if a sewer line goes past a subdivision they are required to tie in (State law enforced by Boards of Health). Consensus of the Board was to ask Camp Dresser & McKee for design cost for the School Street line, then preliminary planning for East Mansfield, even though there is no money. Selectman Levine asked for comparison of cost for West Mansfield vs. East Mansfield. The Town Manager is to work with the Planning Board and Camp, Dresser & McKee. Plant Expansion - Bill Mackey said the plant was designed to be increased in capacity, but it should be done in like -size units. The plant can be increased as much as 50 %. The picture for State and Federal funds right now is bleak. With grants it would take approximately 8 years; without, approximately 5. The Town Manager reviewed funds available, then asked the Board if it wants to wait for a grant or go forward on its own. A grant would not be until next year and possibly low, and the State must first give scope of the work, then CDM can estimate cost. Selectman Dunn said the intent of the capital charge was for expansion and he feels the Board should go forward. Consensus was agreement. Inflow - The Town Manager reported that the decrease in rainfall had de- creased the amount of infiltration /inflow, but the Town must identify and correct any major point sources. A grant for this work has been submitted, and it is hoped notification regarding eligibility will be received this Fall. The Town has nearly $100,000 set aside for the Town's share if the grant is received. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 7 Plant Operations - Jerry St. Hilaire reviewed information contained in a Memorandum to the Town Manager which had been distributed to each Selectman. He stated that the plant has experienced some reduction in flow in FY -88 as compared to FY -87, most of which is probably due to reduction of rainfall. State and Federal mandated discharge parameters are being met and the plant continues to operate at high quality standards. Septage - Jerry then discussed septage - concentration vs. normal sewage, difficulty in isolating cost of handling, quantity coming from Norton and Foxboro. His figures indicated a need to raise the septage rate from $15/1000 gallons to $21.25/1000. MOTION: To change the septage rate to $21.25 per 1,000 gallons. Levine /Markt Brief discussion followed on whether this rate was simply "break- ing even "; $25.00 was suggested. MOTION: To change the septage rate to $23.00 per 1,000 gallons, effective September 12, 1988. Levine /Dunn VOTED: 4 -0 Miscellaneous - The Town Manager reportedthat the sewer budget is in a posi- tive position. The sludge landfill for composting will start next April. There will be an industrial pretreatment program public hearing in Septem- ber, then the information goes to the EPA. Concerning intermunicipal connec- tions, Jerry St. Hilaire's Memorandum of August 5th had covered this in some detail, so it was only touched on briefly. Norton plans to have Knoll - wood Estates tied in by the end of August. Foxboro's Cannon Forge Condos have been tied in since last August; Underground Camera and Day's Inn tied in in February '88, Foxboro Co. at the end of June and CC &F will probably tie in in late FY'89. The flow meters for the Foxboro connections were mal- functioning and was not discovered until March and has been corrected as of July 21, 1988. A method for checking the operation of the meters is cur- rently being worked out between Foxboro and Mansfield. 11. Old Business - Town Manager a) Spaulding School - Mary Steele was present (Selectman Tartufo left the room for this discussion). The Town Manager explained that the attorney for the bank loaning funds to the Steeles for purchase of Spaulding School discovered that the legal description voted on in 1986 at Town Meeting authorizing sale of the school only describes half of the prop- erty. Apparently the Town acquired that property in two separate par- cels. The correction, although essentially "housekeeping ", will require a Town Meeting vote on an article including both halves of the school land. The Steeles are distressed, but understanding, and are willing to wait for a Town Meeting, assuming there will be one in the Fall. In the BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 8 meantime Tom has extended the time for closing 30 days, but recommends that the Board approve indefinite extension until the next Town Meeting. The Steeles have gone to considerable expense, investigation, etc. al- ready and will consider a lease /purchase agreement until a Town Meeting can be held. If the Board will approve, the attorneys can draw up such an agreement. Consensus of the Board was - no objection. b) Sale of 3 parcels of Town land, approved at the April 1988 Town Meeting. Two articles read "direct" the Board of Selectmen, one for a parcel off Rt. 106 in East Mansfield read "authorize" the Board of Selectmen. The Town Manager said before securing an appraisal of the latter parcel, he needed the Board's approval. Consensus of the Board was to go ahead. c) CDAG Grant - Tom reviewed a Memorandum he had previously given each Board member concerning the $170,000 shortage. The CDAG policy for a grant was to cover only those "affordable" housing units created by a development project; Mansfield Depot II has only 33 units classified as "affordable "; and this was not clear when Keith Development submitted the application. The Town is, therefore, eligible for $330,000, but since the original budget figures for work on Oakland Street. XX was in two phases; Phase I from Mansfield Street to Swett Street, Phase II for Swett Street to Francis Street, the grant funds will cover Phase I, Tom asked for the Board's direction to scale down the application amount to meet Phase I needs and the grant level. MOTION: To support the developer's application revision to $330,000. Dunn / Tartufo Selectman Tartufo said he would like to look at the plans and changes it will require, and the Town Manager assured the Board that there will be complete reconstruction of the road, not just resurfacing. VOTED: 4 -0 d) Discussion on the School Street traffic complaint was deferred until the next meeting. 12. New Business - Town Manager a) The Town Manager had received a Memorandum from Town Clerk requesting that hours be established for the State Primary September 15th. MOTION: To establish 7:00 A.M. to 8:00 P.M. polling hours. Dunn /Markt VOTED: 4 -0 b) Each Board member was given information sheets covering disputed billing for Merckens Chocolate dating back to January 1986. It was explained as a very confusing situation with the principal problem being the sewer account. During the time of disputed billing, back to Jan. 1986, BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 10, 1988 PAGE 9 Merckens paid an additional $11,345 in discounts not allowed, and there was a credit of $16,325 owed from September 1986 that never went through. As documented in the Town Manager's Memorandum covering both the sewer and water account delinquencies and adjustments, the Town Manager asked the Board to approve Merckens' payment of $12,461 to bring both accounts to a current status. * MOTION: To proceed with settlement as proposed by the Town Manager. Markt /Dunn VOTED: 4 -0 c) The Town manager asked for Board approval of a Sewer Extension Permit for Alan Brown at Brook Street and Shawmut Ave., a residential unit. * MOTION: To approve the Sewer Extension Permit. Tartufo /Dunn VOTED: 4 -0 13. Selectmen Business a) Selectman Dunn reported on the first meeting of the new Solid Waste Com- mittee. Michael Van Splinter was appointed Chairman; they hope to have an implementation program to submit to the Board within six months. meeting of the b) Selectman Tartufo reported on the recent /Canoe River Aquifer Committee in Sharon where, at the end of the meeting, they discussed the town's use of calcium choloride with sand, instead of salt. They find it less ex- pensive and it works better in cold temperatures. Selectman Tartufo said he would like Mansfield to consider using it. c) Selectman Tartufo expressed concern over the many problems the Town has to face; i.e., Electric Dept. debt, parking situation, train station. He said alot of these require money and some funds should come from the State; instead, the Governor is "stealing" from the State (took from the Lottery fund). He went on to say many towns in the state have the same problems and they should be addressed. Selectman Levine suggested util- izing the Mass. Municipal Assoc.; she feels it is a strong means for ap- plying pressure for change. 14. Adjournemnt The meeting adjourned at 12:20 A.M. MINUTES APPROVED: ✓f " �.1 ztrlr F� Clerk Da�/signedi �