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HomeMy WebLinkAboutBOS MINUTES 2-8-1989BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PRESENT: Chairman Harrington; Selectmen Dunn, Tartufo, Markt; Town Manager; Selectman Levine arrived at 8:00 P.M. 1. The meeting was called to order at 7:45 P.M. and the Flag saluted. 2. Minutes of January 30, 1989 * MOTION: To approve the Minutes of January 30, 1989. Tartufo /Dunn VOTED: 4 -0 3. Warratn #33 * MOTION: To approve Warrant #33 in the amount of $1,263,162.58, dated Febru- ary 7, 1989, broken down as follows: General Fund - $ 253,664.87 Revenue Sharing - 15.48 Special Revenue - 884.74 Capital Projects - 817.00 Sewer Enterprise - 10,093.14 Water Enterprise - 11,762.66 Electric Enterprise - 985,924.69 ( Dunn / Markt VOTED: 4 -0 4. Licenses & Permits a) Application for a One -day All Alcoholic License by Association For Ser- vice Management International (AFSMI); a cash bar at the Codex Building M3 Tuesday, February 14, 1989, 6:00 - 7:30 P.M. * MOTION: To approve the One -day license contingent upon sufficient infor- mation about the association. Dunn / Tartufo VOTED: 4 -0 5. Selectman-Tartufo advised the Board that a long time employee of the Town, Ted Robinson, who was a former Supterintendent of Parks and Superintendent of the Highway Department at one time, passed away last week. He said he was well respected and a great role model. Selectman Tartufo felt he de- served special recognition for his service; the Chairman suggested a moment of silence. 6. Correspondence a) Letter from Atty. Gelerman to the to the Public Law Section of Mass March 1 in Springfield. Board re: Enclosed pamphlet relative Bar Assoc. meeting to be held on b) Copy of letter to Bert Cook, Zoning Officer, from Ronald E. Frazier, 16 Old Elm Street, re: Violations at corner of School Street and Old Elm Street in West Mansfield. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PAGE 2 c) Letter to the Board from Self Help, Inc. re: Petition for financial help during FY -90. d) Letter to the Board from Dorothy Turner and James A. Robertson (Mrs. Turner from Norton) re: Request to name the area created by the new Mansfield Post Office on Giles Place for her brother, John L. Robertson. - Selectman Tartufo suggested the Post Office might have a location to suggest. e) Memorandum from Kelli Baker to Members of the Master Plan Advisory Council re: Public Hearings February 7th. f) Invitation to the Board to attend the Durfee Attleboro Bank Open House at the Bronson Office, 8 N. Main Street, Attleboro. g) Copy of letter to Board of Assessors from Dept. of Revenue re: Equal- ized Valuation of each city and town as of January 1, 1988. h) Note to the Board from Director of Veterans Services, Bob Marshall, re: Attached booklets covering "Your Local Dept. of Veterans Services ". i) Copy of letter to Supt. of Schools, John Moran, from the Town Manager re: Town's plans for the old Library building. j) Letter to the Board from Director, Bureau of Accounts re: Preliminary FY -90 Levy Limits and explanatory material. Q Letter from Atty. Gelerman to the Board re: Appreciation for Board's "courtesy and consideration during selection of Town Counsel ". 1) Letter to the Board from Executive Secretary of Town of Westford re: Recommendation of Atty. Joseph P. Hannon as Town Counsel. m) Meeting Notice of Bristol County Selectmen's Association for Thursday, March 9, 1989 in Westport. n) Copy of letter to Stephen White, 47 Brown Ave., from Richard Lewis re: His cooperation in removal of the fill at Bungay Lake. o) Letter to the Board from Mrs. Albert Bruun, 190 Brown Ave. re: Proposal to build a Mass -Burn waste to energy plant approximately 1 mile from her doorway. - Chairman Harrington commented that he advises concerned citizens to come to Board meetings and voice their concerns. Selectman Dunn advised that the Solid Waste Study Committee has members attending surrounding town's meetings, etc. p) Letter to the Board from Almira O'Brien, 22 County Street re: Request for a "Dead End" or "Not a Through Way" sign on Liberty Street off North Main. ( - The Town Manager will follow up on this. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PAGE 3 q) Announcement from DEQE re: Two additional seminars about the new Mass. Contingency Plan, February 17 and March 3rd. r) Letter to the Board from Paul O'Leary, Supt. of S.E. Regional School re: Placement of article on Town Meeting Warrant for an Equal Educational Opportunity Grant. - This will go into a Special Town Meeting file. s) Letter to the Board from Kelly Services re: Request for names of favorite local charity for free temporary help from the local Kelly office. t) Copy of "A Community Guide and Membership Directory" and Action Report from Tri -Town Chamber of Commerce. u) Copy of letter to DPW Director from George Wojtkiewicz, One Gladiola Terrace re: Sanding /Salting Gladiola Terrace. - The Town Manager will discuss this with the DPW Director. v) Letter to the "Proclamation Dept. ", Selectmen's Office, from Executive Director, Alumni Relations, Boston University re: Request for a proclama- tion for the University's sesquicentennial celebration. * MOTION: To support the celebration and send the proclamation. Tartufo /Levine VOTED: 5 -0 w) Two (2) Public Hearing notices from Dept. of Public Utilities re: - Berkshire Cellular, Inc., and Telefind Corp. x) Notice of Public Hearing from SRPEDD re: "Preparing for Future Growth ", to discuss "causes and impacts of the rapid development that has occurred in recent years ". y) Copy of letter to the Town Engineer from Bob Powers, Subdivision Super- visor, re: Survey on Central Street, Paine Road & Copeland Drive. 7. James Coughlin /JFK Day James Coughlin had presented his proposal for a day of celebration, or a holiday for John F. Kennedy approximately a year ago; he asked to be able to come again so that the three new Board members could have a chance to vote on it. He explained that a bill has been submitted to make Election Day John F. Kennedy Day; the plan is to take it before the legislature with a binding referendum for Election Day. Selectman Levine said businesses would be hurt if there was another holiday. James said it would only be a half day every other year and it will help to get workers out to vote. Chairman Harrington said there is a holiday for presidents so he could not endorse another holiday. * MOTION: To accept the request for a biennial holiday for John F. Kennedy. Levine /Markt FAILED: 3 -2 BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PAGE 4 Questions & Answers a) Karl Clemmey commented on the Master Plan hearings which took place last night; then again asked about the order of the Town Meeting Warrant articles. Chairman Harrington said there had been no decision yet. After brief discussion, Karl volunteered to contact other towns to learn their method of placing articles on their warrants. Town Engineer /Paine School Boundary Line (Selectman Dunn left the room for this discussion). The Town Engineer, Bob Swanson, had researched the questioned boundary line between the back of the Paine School property and the proposed Ladonna Restaurant property. Both Karla Foley, owner of the proposed restaurant, and her husband, an attorney, were present, as were their engineers, John Rhoads of Norwood Engineers, and Ralph Maloon, a professional surveyor for Hutchins /Trowbridge Associates, Inc. The essential issue is the width of Paine Road north of the Paine School property. It was assumed to be 40 feet wide and is on record as that, but is more like 20 feet; according to a street listing in the Town Clerk's office, 40 feet should not be used for survey purposes. Were it to be used it would encroach on the restaurant parking lot. Ralph Maloon's plan shows a 25 foot width. Land Court said proof is on the abutters, which in this instance is the Town. Town Counsel's opinion (Jack Dwyer) is that a professional land surveyor's opinion can be used. Mr. Rhoads reviewed records that had been studied and they seemed to substantiate Ralph Maloon's plan of a 25 foot width. Selectman Tartufo suggested that sometime in the future the Foleys might want to go to Land Court for the integrity of their land, but for now he accepts Ralph Maloon's plan. MOTION: To accept the work of Ralph Maloon's plan which shows the width of Paine Road as 25 feet. Markt / Tartufo VOTED: 4 -0 10. Old Business a) The Town Manager raised the question of whether the Board wants to pre- sent a debt exclusion override question for the School Street sewer extension and /or landfill capping on the Election ballot. He reminded members that it requires a 2/3 vote of the full Board and a majority vote at the polls. Although the Town Meeting already has approved ex- penditure for these items, these two issues require bonding and a Prop- osition 2.1 override (the trigger mechanism to put money into effect). Tom said he feels State grant funds are questionable and not available before 1990. Selectman Dunn said he would like to move each one, bht School Street question first. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PAGE 5 * MOTION: To put an override question in place for the School Street sewer extension. Dunn /Levine This would take the West Street interceptor into the industrial park and put them on gravity sewer. The ballot question would be for $300,000 and to release another $300,000. FAILED: 3 -2 Harrington & Dunn for * MOTION: To put an override question in place for capping of the East Street landfill for $1,450,000. Capping would stop rain water which falls onto the surface and percolates which goes into the groundwater. The East Street landfill sits on top of the Canoe River aquifer and there is a plume there. The Mill Street, Dustin and Prescott Wells could be affected. It costs more to bring a well back after it has been contaminated than to prevent the contamination. VOTED: 5 -0 b) Selectman Markt reported that he has received some phone calls inquiring about the scheduled Fire Chief exam and asked the Town Manager to explain it. The Tom Manager said the Civil Service list is 11 years old and has been tried twice unsuccessfully. He felt it was time to give in -house personnel consideration. c) The Chairman called attention to a resident, Maria Allesandri, who will be 100 years old on February 20th and someone had called in to see if the Board would like to honor her for this occasion. Selectman Levine volunteered to write a proclamation. d) The Board of Health asked for a decision concerning their proposed auto- motive hazardous waste day. * MOTION: To approve holding a second hazardous waste day. Tartufo / Markt VOTED: 5 -0 e) The Chairman reminded the Board of SRPEDD's letter requesting support of SRPEDD's economic development planning and their progress report. * MOTION: To submit the Board's letter of endorsement. Tartufo /Levine VOTED: 5 -0 f) Chairman Harrington then remmded Board members that the Board still has no representative for SRPEDD's Joint Transportation Planning Group and a call had been received from Mr. Hebert. Selectman Levine suggested contacting Alex Cauldwell; she will do that. BOARD OF SELECTMEN MINUTES OF MEETING FEBRUARY 8, 1989 PAGE 6 g) Chairman Harrington then asked each member if they had any comments or corrections for the Selectmen Report for the Town Report. Everyone felt it was fine. 11. New Business a) Selectman Dunn asked the Board members to review the Great Woods Enter- tainment License Regulations and report back to him or Selectman Markt. He also suggested that the Norton Selectmen might like to have input. The Town Manager reported that Great Woods should have their schedule for the upcoming season to the Board shortly. b) Chairman Harrington asked Board members to review the draft letter they had received copies of to Max Volterra, the Town's new Town Counsel, con- cerning questions raised at Monday evening's emeting with the Planning Board, Conservation Commission and Finance Committee Chairman; if they had any changes or comments to please let the Town Manager know. A copy was to go to the Planning Board Chairman also, he advised. c) The Chairman then reminded the Board that about a month ago he had sug- gested reorganization of the Board and said as of tonight he was resign- ing as Chairman so that a new Chairman can work with the Town Manager ( for Town Meeting, etc. Selectman Levine asked if any of the three remaining members would be precluded by time commitments. Selectman Dunn said he would like to see Selectmen meetings changed to Monday nights and held every other week. Selectman Tartufo said he does not approve of every other week, nor does he approve of changing chairmanship; he feels Chairman Harrington should remain as long as his term runs. Selectman Dunn said he feels the Board should be reorganized January 1st to work through the budget process and Town Meeting; an earlier chairmanship gives time for more preparation. He also pointed out that every other week would allow cable TV to cover some other committee meetings which would be an advantage. * MOTION: To appoint John Dunn as Chairman. Levine /Harrington VOTED: 4 -0 * MOTION: To have the Board of Selectmen meet on Monday evenings. * MOTION: To start with the second and fourth Mondays of the month. (No votes taken; no decision). 12. Executive Session The Board was polled to go into Executive Session for purposes of discuss- ing litigation and union negotiations and to come out only to adjourn. � POLLED: 5 -0 BOARD OF SELECTMEN MINTUES OF MEETING FEBRUARY 8, 1989 PAGE 7 - Executive Minutes typed separately - MINUTES APPROVED: Clerk Date signed f