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HomeMy WebLinkAboutBOS MINUTES 3-15-1989BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 Ica R)l Pi'CMAR 3 01989 PRESENT: Chairman Dunn; Selectmen Tartufo, Markt, Harrington, Levine; Town Manager 1. Executive Session re: Call Firefighters negotiations. - Executive Minutes Typed Separately - 2. The meeting was called to order at 8:00 P.M. and the Flag saluted. 3. Minutes of March 1, 1989 * MOTION: To approve the Minutes of March 1, 1989. Harrington / Markt VOTED: 5 -0 Levine abstained on school items Markt abstained on police items 4. Warrant #38 * MOTION: To approve Warrant #38 in the amount of $3,867,663.68, dated March 14, 1989, broken down as follows: General Fund - $ 862,091.20 School Lunch - 3,846.99 Special Revenue - 13,430.89 Capital Projects - 128,275.00 Sewer Enterprise - 1,718.767.69 Water Enterprise - 16,954.70 Electric Enterprise - 1,124,297.21 Levine / Tartufo VOTED: 5 -0 5. Correspondence a) Copy of letter to U.S. Dept. of Housing & Urban Development from Atty. Mulcahy re: Mansfield Housing Authority Application for Federal Housing Voucher Program /Section 8 Program. b) Copy of letter to Chairman of the Planning Board from Town Counsel re: His letter concerning Woodland Park Subdivision of Oct. 1975. c) Letter to the Board from Gov. Dukakis re: Governor's Alliance Against Drugs drug -free school environment in schools. d) Letter to the Board from Mayor Jordan Levy, Chairman of Worcester School Committee re: Preparation of a suit against the Commonwealth. e) Letter from Jean Lajoie re: Resignation from Fair Housing Committee. * MOTION: To accept the resignation with regret and send him a letter. Levine /Harrington VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 2 f) Letter from MMA re: House Ways & Means budget proposal being debated by House of Representatives. - Selectman Harrington said it has now been approved by the House. g) Memorandum to Bristol County Group Health Insurance Members re: Critical meeting for March 21st, in Taunton Court House 7:00 P.M. h) Letter to the Board from Federal Express Service Network Rep. re: Site location for drop -off box in Industrial Park. * MOTION: To approve subject to apyment of $25.00 per box. Tartufo /Levine VOTED: 5 -0 i) Two (2) Dept. of Public Utilities Public Hearings notices re: Pay tele- phone service, and Portable Cellular Communications, Inc. j) Copy of Letter to the Editor from Bradford E. Wills, 105 Thompson Street re: Support of Life Care facility. k) Three Hearing Notices from Town of Plainville re: Revisions to Cluster Zoning; establishment of a Watershed Protection District; proposed zon- ing changes. 1) Letter to the Board from Executive Officer, Home Builders Assoc. of the Attleboro Area re: Proposed increases in building permit fees. m) Copy of Carla Foley's curb cut permit from the Commonwealth. n) Copies of two (2) letters to Bert Cook from Kevin McNatt re: Violation of State Building Code and Violation of Zoning By -law. o) Letter from Executive Office of Communities & Development MSCP Direc- tor re: Proposed changes to be incorporated in FY -89 MSCP Program Statement. p) Letter to the Board from Swansea Town Moderator re: Copy of Mansfield Master Plan and Charter. q) Letter from MMA Executive Director re: Proposed Delay in March Cherry Sheet Payment. r) Copy of letter to Joan Cutillo, Treasurer, from Bay STate Health Care Account Representative re: Meeting to address concerns regarding em- ployee health care issues. s) Memorandum to the Board from the Town Manager re: Service on Board of Directors of MIIA. / - The Town Manager explained he serves on the Board of Directors and he feels there could be a conflict because he is a Chief Executive. MIIA BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 3 recommends any such position receive a conflict of interest exemption because he will make decisions which could affect the Town. Selectman Tartufo said he would like to see this information sent to Town Counsel. Selectman Levine asked to see the Town Manager Memoran- dum, the letter from the MIIA, as well as the letter it applies to. t) Memorandum to the Board from the Finance Committee re: Increases in User Fees. 6. Questions & Answers - Bob Button, spokesman for the Call Firefighters, passed out exceptions his group are asking for differing from the policy the Town Manager had presented to the Board tonight; i.e., retroactive pay to July 1, 1988 and health insur- ance if someone is permanently disabled. Selectman Harrington said the Board and Town Manager have spent alot of time over the past two years working on this matter. He personally feels the pay increase should be retroactive. The Town Manager explained State law requires a specific action of Town Meeting for health insurance. The cost would be $4,000 per employee per year and open to all employees as well as retirees. The Town manager said permanent disability coverage would be.provided. Selectman Harrington asked if Rep. Vernon could present legislation for Mans- field Call Firefighters to receive health insurance if they are permanently disabled. The Call Firefighters also want a step higher disability pay than what the Town is willing to offer, and they want the same pay as permanent Firefight- ers' second year of service pay; also they want to be paid for mandated training courses. * MOTION: To approve the Call Firefighters agreement subject to deleting re- vision to physical fitness standards, standards as established by the permanent Fire Department, funding be retroaction to July 1, 1988, subject to Town Meeting, and move to check special legisla- tion by State of Massachusetts to provide health insurance to Call Firefighters as requested. Harrington /Markt VOTED: 5 -0 - Jim Welch asked the Selectmen whether they will support the Town Meeting Article concerning the connector road from Maple Street to Rt. 106 feasibil- ity study. Selectman Levine said she will not then be a Selectman; Select- man Harrington said he has not made up his mind; Chairman Dunn said he will be against it because of its impact on Cate Springs and the Prescott Wells. Selectmen Markt and Tartufo felt they could support the feasibility study. - Karl Clemmey gave the Board Chairman a sketch pertaining to the Picciandra ( property as discussed two weeks ago. He also advised he is concerned about the Town giving away town water to a developer in Plainville for some 78 homes, claiming it would draw 400,000 gallons per week from Witches Pond BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 4 Well. Selectman Tartufo said he felt the Board should pursue water rights pertaining to this. * MOTION: To take to Town Counsel in the morning for legal ruling as to Town rights. Harrington / Tartufo VOTED: 5 -0 7. Cable Access Board of Directors Interviews Two applicants introduced themselves and gave a quick run down as to why they would like to serve on this board: John Swafford 10 Erick Road, #37 Linda Anteski 18 Beech Street John Swafford has served for 121 years and would like to continue. Linda Anteski took the training to operate the cameras, etc. some time ago and indicated she had ideas she would like to see implemented. John Swafford was appointed 3 -2 Selectman Levine said she wants the applicants to understand that a vote is in support of one candidate, not against one. 8. User Fee Increases Bert Cook, Building Inspector, Connie Lajoie, Plumbing Inspector and Dave Conley, Electrical Inspector were all present for questions pertaining to their proposed fee increases. Selectman Levine raised a question of special fees for.senior citizens. Bert Cook said it had never been raised but that most building fees, etc., would not come under senior citizen projects. Also present were Joe Pasquale, Chairman of the Finance Committee, Paul Folk - man, Karl Clemmey, Al Willis, all builders. Paul Folkman questioned whether fee increases are to meet expenses of a department, or to cover expenses of other departments which, maybe, should go into taxes. Joe Pasquale said his committee would look at needed expenses and they had recommended $0.17 per square foot for new construction and additions, as compared to the $0.15 the Building Inspector and Town Manager are asking for. A survey of surrounding towns had been made for many of the recommended increases. Al Willis, representing the Attleboro Homebuilders Assoc., said he would like to see an in -depth study. He said builders are being "fee'd to death" and it is the consumers who have to pay. He would like to see a cap in indus- trial fees over 35,000 cubic feet. Garin Bresnick of the Attleboro Home - builders Association said he would like to see the fees justified. Selectman Tartufo said he does not think the Finance Committee should endorse fees, it is not their place. * MOTION: To accept the Building Department fees as proposed by Bert Cook with the exception of moving residential construction to $0.17 /SF. Levine /no second BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 5 * MOTION: To accept Bert's fees as presented, $0.15 /SF across the board. Markt /Tartufo VOTED: 5 -0 * Parking Fines - The Police Chief was present for any discussion; there was none. * MOTION: To approve the proposed increase in fees. Tartufo /Harrington VOTED: 5 -0 Ambulance Fees - The Fire Chief was present for any discussion. The Town Manager advised that the insurance companies who pay the rates are allowing the proposed rates. These rates should add approximately another $30,000 to the budget. Selectman Harrington said that the last time the rates were increased the Board wanted to raise them each time the reimbursement was in- creased. * MOTION: To approve the proposed ambulance fee increases.* Harrington /Tartufo VOTED: 4 -0 Markt out of room Liquor Licenses Fees - The Town Manager's Memo had indicated that research had been done on these license fees both in -house and by the Mass. Associa- tion of Local Licensing Officials, as well as ascertaining State limits. All Mansfield's fees are well below those allowed by the State. * MOTION: To adopt the Finance Committee recommendations of 60% of the State maximum. Harrington /no 2nd Selectman Levine felt the Innkeeper license fee should be $3,000 as the pro- posed $2,000 is a less percentage than most of the others. * MOTION: To accept all of the proposed Town Manager rate increases on alco- holic associated licenses with the exception of the Innkeeper li- cense and put it up to $3,000. Levine /Harrington Joe Pasquale said because there has been no increase since 1981 they felt the 60% increase would bring them up to today's level. VOTED: 5 -0 Non - Alcoholic Fees - The Town Manager briefly reviewed the various licenses under this category, explaining those which could and could not have fees increased without Town Meeting approval, etc. A new Filing Fee was also proposed. * MOTION: To adopt the fee increases as proposed with the exception of the new Filing Fee which will be $50.00 or 50% of the original fee, whichever is less. Harrington / Markt VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 6 It was stipulated that the new Filing Fee is to be for changes in any license, not for renewals or new licenses. Also, the Building Department increases and Ambulance will become effective July 1, 1989; others effective immediately or upon renewal. 9. Old Business a) Planning Board job description - Steve Quinn and Bill Madan, from the Planning Board, were present. Steve Quinn passed out his Board's revi- sions to the job description the Town Manager had distributed earlier to the Selectmen and the Planning Board. There was discussion as to who would handle and direct grant selection, which is mentioned in the job description. Steve Quinn felt there has been a lack of communication over this whole matter between the Planning Board and Board of Selectmen. He went on to say his Board wants to know it has the Planning Director it is supposed to have and that he /she will not be taken away from them. Chairman Dunn commented he feels the Board of Selectmen has tried. * MOTION: To adopt the job description as submitted by the Town Manager with the exception that the responsibility of grants, #1 under Duties and Responsibilities, be moved up into the Duties and Responsibilities first paragraph. Harrington / Tartufo VOTED: 5 -0 Steve Quinn then said he would appreciate it if the Planning Board does perceive they are having a problem with the Director that they would have access to the Board of Selectmen. He would also like the Board of Selectmen to take a position indicating that the Planning Director will be primarily responsible to the Planning Board and if they have a prob- lem they can go to the Selectmen. b) The Conservation Commission asked that their job description for the Environmental & Conservation Planner be tabled until next week. c) The Town Manager said he had prepared a tax impact chart to review with the Board. Because it was late, it was suggested that it be made a Press Release for all residents to benefit by. d) Selectman Tartufo advised that a resident on the northeast side of the railroad tracks was complaining about strong odors from time to time. He said in the past there have been odors from the chocolate factory. Selectman Tartufo then asked residents to call the Health Department when there is this sort of a problem. e) The Town Manager had distributed a-Revised Capital Improvement Program to all Board members. Selectman Tartufo suggested putting staff needs on a schedule of needs. Selectman Harrington said the Board has asked for a three -year operating budget so it can look at this sort of thing. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 15, 1989 PAGE 7 10. a) Selectman Tartufo addressed having the next week's agenda out earlier so that there is time to do research on a topic if someone wishes. Chairman Dunn said he tries to meet with the Town Manager and Selectmen Secretary on Friday, but he was away last week. b) Selectman Markt said this is Selectman Levine's last night and he has enjoyed his year with her on the Board, and wished her well. Selectman Harrington said this may be his last night as well. He thanked the Town employees for the excellent work they do. Selectman Levine said she feels government is responsible to the people out there and she feels she owes them alot. She said never rstrict any- one from attending any meeting or speaking. She is happy she served this year and thanked the townspeople, the Selectmen's secretary and the Town Manager. She wished everybody a good year and told Selectman Har- rington she hopes he makes it again. Then to everyone "out there, get out and vote!" Chairman Dunn said he thinks he has spent the most time on the Board with Selectman Levine and she is always consistently unpredictable. He wished her well. c) Chairman Dunn advised if there is Town Meeting, the Town Clerk must then asked each Board member to ri initial it if they approve. 11. Adjournment * MOTION: To adjourn (at 11:45 P.M.). Ambulance Fee Policv: to be a "Special" within the Annual know at least 21 days in advance. He view the Town Counsel contract and Markt /Harrington VOTED: 5 -0 * *MOTION: That the Town shall consider as final and full settlement of an account payment received on behalf of an individual via Blue Cross /Blue Shield; Medicare; Medicaid; or any State, Federal or local government welfare payment. With the exception of Medicare and Medicaid, this shall not include any deductible for which an individual may be responsible. These rates shall be effective July 1, 1989: Base Rate - $135.00 Per loaded mile - 7.00 Oxygen rate - 30.00 Harrington / Tartufo VOTED 4'r0 MINUTES APPROVED: <- Clerk Date signed