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HomeMy WebLinkAboutBOS MINUTES 9-19-1988M BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 l j� PRESENT: Chairman Harrington; Selectmen Dunn, Tartufo; Town Manager; Selectman Levine arrived at 7:35 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. Chairman Harrington announced that Selectman Markt was out of town on busi- ness; he appointed Selectman Tartufo Clerk for the evening. 2. Minutes of August 24, 1988 MOTION: To approve the Minutes of August 24, 1988. Dunn /Tartufo VOTED: 3 -0 3. Warrant #12 MOTION: To approve Warrant #12 in the amount of $2,024,506.21, dated September 13, 1988, broken down as follows: General Fund - $1,000,818.29 Special Revenue - 19,456.22 Capital Projects - 11,461.76 Sewer Enterprise - 48,206.41 Water Enterprise - 22,986.05 Electric Enterprise - 921,577.48 Dunn /Tartufo VOTED: 3 -0 4. Correspondence a) Dept. of Personnel Administration ANNOUNCEMENT re: Amendment to Personnel Administration Rules - Smoking Prohibition; Related issues. b) Copy of State Ethics Commission Bulletin. c) Memorandum to Area Administrators & Local Officials from Convener of Execu- tive Office of Human Services re: Next meeting Sept. 14, 1988. d) Letter to the Board from Sen. William R. Keating re: Veto of $91 million in additional local aid. e) Copy of two (2) letters from Mansfield's Health Agent to: - Bureau of Solid Waste Disposal, DEQE, re: Town Counsel opinion concern- ing solid waste moratorium. - Town Counsel re: Article 9, 1987 Annual Town Meeting. f) Memorandum from State Auditor, Jos. DeNucci, re: Recent Mass. Superior Court decision concerning Prop. 21 and the financial impact of State regulations on cities and towns (Norfolk landfill liner). g) Announcement of Second Annual Corporate Health Care Exposition, Sept- ember 27th at the Hillcrest in Waltham. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 2 h) Memorandum to the Board from Fire Chief Shedden re: Acting Fire Chief during his training at the National Fire Academy, Sept. 10 -26. i) Announcement of 94th National Civic League's Conference on Government, The Rural /Urban Connection. j) Letter to the Board from Director of Mass. Dept. of Public Health, Office of Emergency Medical Services re: "Mass. Emergency Medical Services Week" Sept. 18 thru 24. * MOTION: To declare a "Massachusetts Emergency Medical Services Week" in Mansfield September 18 through 24, 1988. k) Notice of Fourth Annual Municipal Forum, Thursday, Oct. 6th at Best Western Royal Plaza Hotel, Marlborough. 1) Letter from MMA re: Endorsement of Fair Wage Committee and their campaign to repeal the prevailing wage law. - This further discussed under 'New Business - Town Manager. m) Letter from Plymouth County Cooperative Extension re: Closed as of Sept. 30th. n) Copy of letter to Town Counsel from Chairman Harrington re: Recent legal case settlements o) Memorandum to the Board from SRPEDD Representative, Kelli Baker, re: Muni- cipal Assistance Time. p) Letter from Dept. of Revenue, Division of Local Services re: Two new pub- lications: Laws Relating to Municipal Finance & Taxation, and Everything You Always Wanted to Know About Prop. 21, But Were Afraid To Ask. q) Letter to the Board from Deputy Commissioner, Edward J. Collins, Jr., Dept. of Revenue, Division of Local Services re: FY -89 Cherry Sheet Program Description. r) Letter to the Board from DEQE re: Contract No. 4, Change Order No. 8 approval. s) Copy of The Small Business Development Center Fall /Winter 1988 -89 Work- shop Calendar. t) Copy of DEQE Solid Waste Update, July and August 1988. u) Mass. Dept. of Revenue, Division of Local Services BULLETIN re: New Work- shop on Prop. 21, and INFORMATIONAL GUIDELINE RELEASES re: Certification of Regional Schools' Excess and Deficiency Funds, and Regional School District Budgets. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 3 v) Letter from MMA re: Call for legislature to override the administration's local aid vetoes. w) Copy of Memorandum to the Town Accountant from Chairman Harrington re: Overtime Expenses. x) Letter from Norton's Executive Secretary, Stephen Lombard, to the Board re: Joint meeting to discuss an area of mutual concern - Great Woods Per- forming Arts Center. - The Clerk read the letter; Chairman Harrington said the main problem seems to be the parking areas, which he had discussed with Bruce Mont- gomery. He suggested that the Board's sub - committee (John Dunn and Sandy Levine) address the concerns with Norton Selectmen. y) Copy of American Appraisal Associates Valuation Journal. z) Copy of advertisement for "Fuel Assistance Manager for Self Help. aa) Invitation from American Legion Post No. 198 to their Annual Installation of Officers Saturday, October 8th at 7:00 P.M. at the Post on Fruit Street. bb) Letter from Knights of Columbus to the Board re: Charity Drive for phy- sically and handicapped children and mentally retarded Thursday through Sunday, October 6,7,8 and 9, with request to adopt the enclosed proclama- tion and permit them to accept donations. * MOTION: To accept the proclamati.on as drafted. Dunn /Tartufo VOTED: 4 -0 * MOTION: To permit them to accept donations October 6th through the 9th. Levine /Dunn VOTED: 4 -0 cc) Copy of Tax Reform Update. dd) Notice of a workshop sponsored by Mass. Housing Partnership re: Creating Affordable Housing in Mass. ee) Memorandum to the Town Manager from Environmental Planner re: Maple Park Bath House. - The Town Manager advised that it is on the list of things to be done. ff) Letter from Karl E. Sharicz, 862 School Street, expressing interest and desire to serve on the Solid Waste Study Committee. - Selectman Dunn said he had talked with him, he has a chemist back- ground and advised that there is a third proposal due in soon. * MOTION: To appoint Karl Sharicz to the Solid Waste Study Committee. Dunn /Tartufo VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 4 2 7. Town Accountant The Town Accountant, Larry Gallagher, was happy to report that Pat Gannon, his bookkeeper, is expected back to work next week. He went on to report that the General Ledger is in balance for FY -88 and he expects to have the Schedule A completed by the due date of October 30th. He had put together a breakdown of Overtime for FY -88 and to the present in FY -89. Chairman Harrington asked for a revenue picture of the past vs. next year for a joint meeting with the School Committee. The Town Manager hopes to also have a revenue budget in December, along with the regular budget. Sel- ectman Dunn asked for quarterly reports on departments. Tom advised that Larry is working with the School Department personnel and that Larry is doing an excellent job. Chairman Harrington asked for a copy of the auditor's management letter as quickly as possible. Public Hearing /New England Telephone The Clerk read the three (3) Petitions, No. 88 -7, #88 -8, #88 -9, all for conduit, pad and service terminal locations on Oakland Street, Maple Street and North Main Street. Ken Carlson was present from the telephone company. He explained that in the summer of 1989 alot of cable work is going to be done, that the specified locations are inter - connection points in the north part of town. He then advised that the phone company is requesting two small changes: Petition 88 -7 will have one added pole further down on Maple Street; Petition 88 -8 will have one added pole further down on Francis Ave., and one pole further down on Oakland Street. Chairman Harrington then removed - one in Bristol not know about the Court discussed; he will check MOTION: To approve Peti asked Ken Carlson about two Street, and two on Court St Street situation, but knows into both. Lions No. 88 -7, 88 -8, 88 -9. Thomas Balboni /King Street poles which need to be ^eet. Ken said he does the other one has been Dunn / Tartufo VOTED: 4 -0 Chairman Harrington opened by he and the Town Manager reviewing the events which have taken place since the Board's vote to remove the boulders in King Street at the September 7th meeting. The Town Manager said he feels that both sides should be allowed to be heard, so he had given Mr. Balboni time to put together his petition, which he presented to the Board after he ex- plained his position. He also had several neightbors present, who had signed the petition, some of whom then spoke their feelings about choosing that location because they liked the idea of a dead -end street, quieter, safer, etc., and they were all concerned about truck traffic, using King Street as a short cut, if the boulders were removed. Selectman Tartufo said facts are facts, some people have done some homework, BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 5 the Town does not have deeds to its roads, a road is a public way; he named many roads in town which are public ways and existed before streets /roads were "accepted ". He finished by saying, the biggest issue is whether King Street is a public way. Selectmen Dunn said there are residents in town who remember when King Street was a through street, and the Police Chief considers having the boulders in the street. a public safety issue. Selectman Levine said the Town does not have to spend a cent to improve the road. Chairman Harrington said just be- cause there are DEAD END signs at both ends does not mean that that is right. The Town Manager said his plan is to remove the boulders and shape the road which leads up to where the boulders were; he does not plan to pave it, simply grade it and fill in trenches, etc. The Chairman said a motion was made last week to "Remove the boulders and open the street post haste ". Is there any motion to change that motion? MOTION: To put up sign "NO THROUGH TRUCKING" and to collect substantiating data later. Tartufo /Levine VOTED: 4 -0 8. Town Counsel /Cobb Street Both Jack Dwyer and Al Query were present to address the confusion over the vote on Article 28 of the May 16, 1988 Annual Town Meeting when the Modera- tor ruled a 2/3 vote was required rather than a majority vote. Jack Dwyer had recommended waiting until the next Town Meeting when the article could again be submitted because the Town Meeting believed it required a 2/3 vote. The land involved had been described as 'land locked' and not tax -title prop- erty; tax -title property only requires a majority vote. Jack said to sell it now under a simple majority vote might put a cloud on the title without going to a Special Town Meeting for a majority vote. The Town Manager ad- vised that a cloud on the title could limit bids. Selectman Tartufo said he feels the article should be presented as supported by the Board at another Town Meeting. Karl Clemmey's attorney, Charles Ben- nett, said the Statute said the article passed. Selectman Dunn said the land would be more valuable if the title is clear. Selectman Levine pointed out that at the Town Meeting all the data was not known, therefore, the vote might have been different. The Town Manager said he feels given the con- troversy the prudent thing to do is to give Town Meeting an opportunity to remove the potential cloud. Chairman Harrington summed up by saying, the question tonight is does the Board want to go forward with sale of the land. * MOTION: To go forward and direct the Town Manager to put this land up for public auction. Tartufo /Harrington Selectman Tartufo asked Town Counsel to put what he has said to- night in writing. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 6 AMENDMENT: subject to letter from Town Counsel. VOTED: 2 -2 Levine and Dunn opposed. Selectman Dunn said he feels because of the confusion there will be controversy unless it goes to Town Meeting. Chairman Harrington thanked Town Counsels for coming, then asked Jack Dwyer about the two recently settled cases which the Board had not received infor- mation on. The Kelton Potter vs. Mansfield Planning Board sued for its de- nial of a subdivision where the length of a newly proposed street was in excess of the 650 foot regulation. Court decision was in favor of the Town and includes recovery of the Town's costs. The second case was ABC Trust vs. the Conservation Commission concerning property on Central Street. Dam- ages were thrown out. Another case against the Planning Board by Richard Staples was dismissed August 19th. Town Counsel advised that the Kelton Potter case has already been appealed. Old Business a) Selectman Levine brought up a concern for speed limits on Lawndale Road which, she said, had been discussed some two years ago. The Board sec- retary was asked to research the issue. b) Decision was made to make the Airport Commission appointment next week. 10. New Business - Town Manager a) The Town Manager reviewed his previously distributed Memorandum to Board members covering his suggested DPW re- organization. He proposed estab- lishment of a combined position of Water and Sewer Operations Manager with an Assistant Manager position in both Water and Sewer Departments. He feels with a combined Water and Sewer Manager, consistency in opera- tions between the two utilities should be enhanced, and management back- up should be much better. His Memo went on to say another change he hopes to implement somewhere down the road is creation of a Public Works Maintenance Superintendent and Assistant Superintendents (non- union). He reviewed his suggested grade classification for the new combined Man- ager position at 'K' and the two Assistant Managers at 'J'. The Water and Sewer Operations Manager will be promoted from within and one of the two Assistant Managers as well, it is anticipated. Selectman Levine questioned the ability for one person to take over both water and sewer, commenting that there were two positions established a few years back because it was considered to be too much for one. The Town Manager feels that with Assistants also, it is advantageous. MOTION: To endorse and upgrade the re- organization plan and classifi- cation as proposed. Levine /Tartufo VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 7 b) Another item covered in the Town Manager's Memorandum distributed to Board members previously covered Fair Wages and the referendum question on the November ballot to repeal or amend the 74 year old prevailing wage law. He suggested that Board members consider a formal endorsement of the work of the Fair Wage Committee toward a repeal of the law which serves to needlessly escalate the costs of public improvement projects. Selectman Levine suggested that the Board's endorsement should be communi- cated to the Mass. Municipal Association. Tom felt it should be good pub- licity for the Town. * MOTION: To endorse the Fair Wage Committee in its campaign to appeal the prevailing wage law. Dunn /Tartufo VOTED: 4 -0 The Town Manager was asked to draft a press release on this. c) Selectman Tartufo commented on an article in the Mansfield News each week which is written by the new Superintendent of Schools, saying he thinks it has value. d) The Chairman reminded everyone of the Canine Carnival, put on by the { Animal Welfare Committee, which is to be held this Sunday, September 24th on the South Common. He also praised the work being done by this commit- tee. e) The Chairman also brought up proposals for Town Counsel services and suggested solicitation of names.,.:_: :..:.._._ He said he has talked to Jack Dwyer about it. Selectman Levine said she would like to have it made public, and the Board agreed. * MOTION: To go forward and solicit proposals for Town Counsel services. Tartufo /Levine VOTED: 4 -0 f) Chairman Harrington then asked the Board for their input concerning a Charter revision; does it want to go forward with this? A committee is needed to start it. Selectman Levine will work on it. 11. Question & Answer Period Thomas Balboni asked what determines a public way and what is not. Select- man Tartufo had three listings of town roads /streets, which he had referred to during the earlier discussion covering the King Street situation; King Street is listed as a public way. The secretary will make copies of these lists for Mr. Balboni. 12. Adjournment The meeting adjourned at 10.25 P.M. BOARD OF SEELCTMEN MINUTES OF MEETING SEPTEMBER 19, 1988 PAGE 8 MINUTES APPROVED: C , lerk t d.'Ll Date signed �