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HomeMy WebLinkAboutBOS MINUTES 12-12-1988BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 12, 1988 PRESENT: Chairman Selectman 1. The meeting was LDEC,2 21988 jl TOWN CUEF" iarrington; Selectmen Tartufo, Markt; Town Manager Levine arrived at &;55 P.M. called to order at 7:40 P.M. and the Flag saluted. 2. Warrant #24 * MOTION: To approve Warrant #24 in the amount of $1,299,827.89, dated December 6, 1988, broken down as follows: General Fund - $ 957,784.94 School Lunch - 6,311.80 Special Revenue - 24,888.61 Capital Projects - 263,961.89 Sewer Enterprise - 6,068.28 Water Enterprise - 5,469,03 Electric Enterprise - 35,343.34 Tartufo /Markt VOTED: 3 -0 3. Minutes of November 30, 1988 * MOTION: To approve the Minutes of November 30, 1988. Markt /Tartufo VOTED: 3 -0 4. Licenses & Permits * MOTION: To approve the following Liquor License Renewals: Innholders: Quality Inn of Mansfield Sheraton Mansfield Hotel Restaurants, All Alcoholic: Cheng -Du Restaurant Homestead Restaurarn Willowdale Golf Course Geno's Restaurant Jim's Old Colony Diner, Inc. Regent Cafe, Inc. Jimmy's Pub 7(20(AaX8((X� %11X01x9X Restaurants, Wines & Malts: Roscoe's Cafe Tennis 95 Great Woods Performing Arts Center Package Stores, All Alcoholic: Villa Liquors, Inc. Bristol Liquors Dub's Discount Liquors Package Stores, Wines & malts: The Store Old Country Store West Mansfield Variety Dimonte's Variety BOARD OF SELECTMEN MINTUES OF MEETING i' DECEMBER 12, 1988 PAGE 2 Clubs: American Legion Post #198 VFW Post #3264 Markt /Tartufo VOTED: 3 -0 5. Correspondence a) Copy of letter to Chairman, Zoning Board of Appeals, from Chairman of Planning Board re: Donald DesVergnes Elm Street Variance Denial. b) Letter to the Board from Director of Council on Aging re: Waiver of Common Victuallers fee. * MOTION: To waive the Common Victuallers fee. Tartufo / Markt VOTED: 3 -0 c) Copy of letter to the Town Treasurer from SRPEDD Treasurer re: Assess- ment for Mansfield - $2,017.95. d) Letter to the Town re: New England Telephone proposed main line con- duit, manholes, pad and service terminal locations on School Street, Old Elm Street, Elm Street, Elm Terrace, Otis Street, Balcom Street. e) Invitation to SRPEDD SEED CORP. Open House, Dec. 14th, 4 -6:30 P.M. f) Thank you Memorandum from Recreation Director and Light Dept. Manager for help in the 1988 Annual Tree Lighting Ceremony. g) Memorandum to Municipal and School Officials from Auditor of the Common- wealth re: Law which regulates practitioners of athletic training. h) Letter from DEQE re: Key changes affecting DEQE municipal assistance programs. i) Two (2) letters from MMA re: - Commonwealth deficit and local aid, and capital spending - Gov. Dukakis proposal to stop quarterly distribution of local aid The Town Manager advised that as a result of the above the Town will probably have to borrow in March 1989. j) Letter from Chief Engineer, DEQE, to the Board re: State Water Pollu- tion Control grants will be subject to delays in reimbursement pay- ments. k) Dept. of Public Utilities hearing notice for New England Telephone & Telegraph Co. proposal to introduce a new service called Informa- tion Delivery Service. 1) Letter to the Board from Joyce Gallant, 43 King Arthur Way, re: Impact of Mansfield's public library relocation on students of Roland Green and Park Row Schools. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 12, 1988 PAGE 3 - The Town Manager will discuss the needs with School Supt. Moran m) Notice of Planning Board public hearing re: Modification or revision of "Eastleigh Estates, North" subdivision plan, December 21st. n) Memorandum to the Board from Richard Lewis, Environmental Planner, re: Gift of Land - Forest Park Subdivision. (See New Business - Town Manager) o) Copy of letter to Rep. Barney Frank, from Richard Lewis, re: Con- struction of the new Mansfield Post Office. p) Great Woods, Inc. announcement of appointment of Leonard Slatkin as Artistic Director and Principal Conductor of Great Woods Institute for the Arts. q) Memorandum to the Board from Director, Council on Aging, re: GATRA fee service. * MOTION: To endorse the $0.25 fee until the Council On Aging moves into its new facility, then increase it to $0.50. Tartufo /Markt VOTED: 3 -0 r) Memorandum to the Board from Board of Health re: Meeting Dec. 15th with Great Woods, with copy of same to Norton officials. s) Copy of letter to the Town Manager from Town Counsel re: Jackson Court Condominium Trust Agreement. - The Town Manager reported he has received the draft agreement which he gave to Town Counsel; some changes have been made, and Paul Folk - man is still waiting for final lighting plans. t) Mass. Dept. of Revenue Informational Guideline Release re: Appropri- ation of Highway Monies as Available Funds. u) Copy of letter to Director, Civil Defense, from President Levesque, For the Youth of Mansfield Norton re: Appreciation for EMTs time and service throughout midget football season. v) Letter to the Board from Commissioner, Division of Public Employee Retirement Administration re: Report on Examination of the Bristol County System as of Jan. 1, 1985 - Dec. 31, 1987. w) Christmas card from Camp Dresser & McKee. x) Copy of letter to Board of Health from two Post property residents re: Septic system problem. - Chairman Harrington asked that the Board of Health provide a status report to the Selectmen. y) Copy of Memorandum to the Town Maenager from Chairman of the Planning Board re: Planning Dept. budget. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 12, 1988 PAGE 4 z) Letter from Pioneer Valley Planning Commission Executive Director re: Third chapter of The Growth Management Workbook. 6. Executive Session Board members were polled to go into Executive Session for the purpose of discussing pending litigation, to come back to open meeting following. POLLED: 4 -0 - Executive Minutes typed separately - 7. Town Counsel Selection Criteria Chairman Harrington wanted Board members to discuss values they would like to see in choosing a Town Counsel, and reminded them of the need to keep the budget for Town Counsel services in mind. He suggested that two Board members volunteer to review the applications /resumes and hold preliminary interviews, Selectman Levine said she does not want to see a shy, reticent person, but rather a dynamic personality who can give prompt replies to questions and inquiries and knows basic municipal law. The Chairman asked her if she would prefer a larger firm or a one or two- person firm. She felt a larger firm would be acceptable as long as one counsel was primarily responsible to the Town, but he would have associates to refer to for particular, spec- ialized cases /problems. Selectman Markt said he leans toward a firm with various experts to draw on. The Town manager said he feels there will always be an occasional need for a "special" counsel from time to time, but look for a firm that will mini- mize the need for a "specialist ". Selectman Tartufo felt ability, not personality, was the first thing to con- sider, and someone who can stand up for what is right, not just what the Board wants. Chairman Harrington said he wants to be told both pros and cons of a case; the Board needs to challenge counsel more than it has been doing. Selectman Tartufo suggested that each Board member review all the applica- tions and note their choices of five best, then select those which receive the greatest choice of all members. This was accepted as the way to pursue the issue; each Board member was asked to try to do this in the following week. 8. Old Business - Selectmen a) Selectman Tartufo raised a question about the two large flags for the North and South Commons. Chairman Harrington said the Parks Director is working on a program for flying the oversize flags for special occa- sions. Also that there are several people /firms in town interested in BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 12, 1988 PAGE 5 donating flags which is nice to know. b) Selectman Tartufo expressed a desire to have a plaque for the Selectmen to present to the winning Midget A football team and coaches, which the Board agreed to. Selectman Tartufo will determine the wording. c) Chairman Harrington asked the Town Manager if he had been able to obtain the value of the property next to the North Main Street fire station; he has not yet. c) Selectman Levine brought up the Cobb Street properties question, saying she supports taking the question back to Town Meeting to clarify the sit- uation. MOTION: To rescind the former Motion. Levine /no 2nd The Chairman explained that Town Counsel had ruled it is not an issue so it should go forward. End of discussion. New Business - Town Manager a) Tom reported that he had talked with the Police Chief about recent com- plaints of gun shots near homes, etc. The Police Chief feels that because of continued development of homes in the community it is time to propose addition of a By -law to the Police Regulations which would prohibit the discharge of any firearms, rifles or shotguns "except under tightly con- trolled and very limited circumstances ". The Chief had written his pro- posed By -law which the Selectman had a copy of. The Town Manager recom- mended adoption of the By -law at the upcoming Town Meeting. The Town Manager said he feels the Town is enforcing the State law, but it is not enough because it does not cover the problems of noise, a stray bullet, etc. Selectman Levine suggested adopting the State law as part of the Mansfield By -law. Chairman Harrington suggested holding a public hearing for resi- dents, with the Police Chief present. Selectman Levine felt a penalty should be included in the By -law. b) The Town Manager Memorandum to Board members covered several pieces of land either being deeded to the Town as gifts or easements for conserva- tion use being granted to the Town. All are a result of subdivision developments supervised by the Conservation Commission and need to be for- mally voted for acceptance by the Board. They pertain to the Forest Park Subdivision and Sandy Hill Estates (Mill Street /Essex Street area). The Conservation Commission has accepted these and would like the Board to endorse them. MOTION: To endorse acceptance of the gift of land and easements as follows: An easement shown as "Conservation Easement" on the easterly portions of Lots 3,4,5,6,7,8,9,11 and 12 on Land Court Plan No. 382396 on file with the Bristol County Northern Reg- BOARD OF SEELCTMEN MINUTES OF MEETING DECEMBER 12, 1988 PAGE 6 istry District of the Land Court; A gift of land shown as Lot 57 on a plan entitled "Sandy Hill Estates, Mansfield, Mass." dated June 8, 1988, by RIM Engineering Co., Inc., recorded with said deeds in Plan Book 275, Pages 19 -23 (the "Subdivision Plan "); A gift of land referenced as Lot(s) 2 and 10 situated on the easterly side of York Road as shown on Land Court Plan No. 38239B on file with the Bristol County Northern Registry District of the Land Court. Markt /Levine VOTED: 4 -0 c) Referring to the Draper Ave. area parking problems, the Town Manager had covered developments to date in a Memorandum to Board members which in- cluded a report by the Police Chief proposing parking restrictions. The Board felt it would be wise to hold an open meeting to give residents and business people from that area a chance for input. A notice is to go into the three newspapers for a meeting at the December 28th Board meeting. d) Chairman Harrington then asked the Town Manager to update the Board on the Call Firefighters and reviewed circumstances pertaining to their issue. The Town Manager said he has included an adjustment in pay in the budget; Chairman Harrington said he hopes any adjustment will be made retroactive to July 1, 1988. Tom said he expects to have a meeting with the Call Fire- fighters in early January and hopes to have the matter resolved by the end of January. 10. New Business - Selectmen a) Selectman Markt inquired about members of the Capital Improvement Commit- tee and volunteered; Selectman Tartufo also volunteered. b) MOTION: To approve the Tahana Restaurant liquor license renewal subject to payment of all municipal debts. Markt /Dunn VOTED: 4 -0 Selectman Levine commented about the lack of improvement of the aesthetics surrounding the building /premises, which she said they had volunteered to improve at the time of their application for their license. The Selectmen's secretary will check the Min- utes on this. 11. John Kaitz /National Lumber Co. (Selectman Tartufo left the room for this discussion). Mr. Kaitz had his Manager, Mr. Alkon, with him. The Town Manager opened the discussion by reviewing the matter of the large hole dug on Town property by Mr. Katz's contractor, and the discussions for resolving the situation. Chairman Harrington thanked Mr. Kaitz for coming, then turned the meeting over to Selectman Levine who had done the most research pertaining to it. BOARD OF SELECTMEN MINUTES OF MEETING f DECEMBER 12, 1988 PAGE 7 Selectman Levine explained that she felt what had happened should be a pub- lic issue, then asked Mr. Kaitz to speak first. He offered a brief resume of himself and his company, then explained what had happened as he saw it, summing up by saying is was a "stupid judgment ". Selectman Levine said Con- servation Commission land had been violated by removal of gravel with no permit (700 -800 cubic yards removed, which Mr. Kaitz questioned); there was no test of water level which is supposed to be made; approximately ten trees were buried in the hole before they refilled it. She said the Board would like him to thank about installing a gate, replacing or repairing the Mans- field Conservation Commission sign, installing a berm, and thinning and marking the trees in the "forest ". She said Bert Cook knows of some agency which does that type of work, and she would like him to think of these steps to be taken as a gift donation to the Town. Mr. Kaitz said he would like to use boulders instead of a gate and install the fence to the boulders. He said he is willing to go along with what the Board is requesting, he will work with Tom Dwyer and the agency to help with the trees. The Board ex- pressed its appreciation. 12. Adjournment * MOTION: To adjourn (at 10:05 P.M.). Markt /Levine VOTED: 4 -0 MINUTES APPROVED: ler Date signed F