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HomeMy WebLinkAboutBOS MINUTES 3-22-1989BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PRESENT: Selectmen Dunn, Tartufo, Markt, Harrington, Sarro; Town Manager 1. The meeting was called to order and the Flag saluted. Chairman Dunn welcomed the new Selectman, William R. Sarro, and compli- mented Selectman Harrington for his re- election. 2. Board Re- organization Chairman Dunn said it is common to re- organize after an election. * MOTION: To appoint Edward Tartufo Chairman. Sarro / Markt VOTED: 4 -0 * * * MOTION: To appoint William Sarro Clerk. Harrington / Markt. VOTED: 4 -0 3. Minutes of March 8, 1989 MOTION: To approve the Minutes of March 8, 1989. Markt /Harrington VOTED: 5 -0 4. Warrant #39 MOTION: To approve Warrant #39 in the amount of $522,305.74, dated March 21, 1989, broken down as follows: General Fund - $348,880.38 School Lunch - 6,798.69 Special Revenue - 3,620.33 Capital Projects - 3,957.75 Sewer Enterprise - 20,821.95 Water Enterprise - 131,461.92 Electric Enterprise - Harrington / Markt VOTED: 5 -0 Markt abstained on police items 5. Licenses & Permits a) MOTION: To approve and sign the Treasurer, Joan Cutillo,bond in the amount of $200,000. Sarro / Markt VOTED: 5 -0 6. Correspondence a) Copy of Memorandum to Chairman, Board of Health from Board of Selectmen re: Meeting with Selectmen March 22nd. b) Letter from System Manager, Mass. Cablevision Systems, re: Addition of Consumer News & Business Channel. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 2 c) Letter from Executive Office of Communities & Development re: Strategic Planning Program. d) Dept. of Public Utilities Public Hearing re: Bay State Gas Co. e) Letter from Chairman, City Council Committee re: City of Taunton's 350th anniversary. f) Notice from Dept. of Public Safety Licensing Section re: Realignment of certain fees and charges. g) Copy of Memorandum to the Town Manager from Acting Chairman, Planning Board re: Joint meeting with Town Counsel. h) Copy of Memorandum to the Town Manager from Chairman of the Planning Board re: Meeting with Town Counsel. i) Memorandum from Community Antenna Television Commission re: Update on Legislation Requiring Cable Operators to Disclose Revenue Information. j) Letter from Atty. Daniel Rich to the Town Manager re: Request for an easement for a Norton property owner. k) Letter from MMA re: Attendance at the MMA's 14th Annual Legislative Con- ference: Theme is "State & Local Partnership in a Time of Fiscal Crisis ". - Selectman Dunn advised this is an annual converence and he would like to see some attend, if possible; he plans to attend. 1) Letter from Tri -Town Chamber of Commerce re: Membership Campaign. m) Letter to the Town Manager from Executive Secretary of Town of Canton re: Spanish Cable Channel. n) Letter of resignation to the Conservation Commission from Cornelius Davison. * MOTION: To accept the resignation and send him a letter of regret. Harrington /Dunn VOTED: 5 -0 o) Letter to the Board from "Organizer" William A. Fitzgeral,a, Taunton, re: Proposed growth management legislation. P) Invitation from Board of Directors of Bristol Elder Services, Inc. to their 15th Annual Meeting April 28th. q) Copy of letter to Mansfield Housing Authority Executive Director from Regional Housing Commissioner re: Housing Voucher Program. r) Two (2) Memorandum from Board of Health to the Board of Selectmen re: Great Woods Entertainment License & Abandoned Vehicle Registration. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 3 s) Copy of letter to Senator Thomas C. Norton from Mo Prasad re: House Bill #39; An Act to Provide Local Officials With Cable Operator Revenue Information. * MOTION: That the Board endorse the letter and send a letter on behalf of the Board, as well as one to Senator Keating and Representa- tive Vernon. Harrington /Dunn VOTED: 5 -0 7. Plaque Awards Chairman Tartufo said there are four gentlemen present tonight who have given many years of service to their community on various boards and com- mittees; their combined number of years totals 67. He then called each forward to receive a plaque reading the board /committee they served on and the period of time they served: Harold R. Collins, Zoning Board of Appeals 1973 -1988 Conley G. Eagan, Zoning Board of Appeals 1971 -1988 Stuart W. Sweet, Conservation Commission 1974 -1988 Peter P. Saunders, Selectman 1968 -1972 Board of Health 1974 -1977 Board of Assessors 1977 -1988 Industrial Development Finance Authority 1977 -1987 Chairman Tartufo thanked all the recipients, saying they are admired and deserve a great deal of credit. Public Hearing /Nissan Industrial Equipment Fuel Storage Application The Clerk read the Notice of Public Hearing for storage of 500 gallons of gasoline, above ground. Mickey Henry, representing Nissan, advised that they are wholesale distributors of fork lifts and store approximately 300- 400 in their place of business, each with 1 gallon of gasoline in its tank; there are also two 25- gallon tanks in approved containers. MOTION: To approve the Fuel Storage Application. Harrington /Sarro VOTED: 5 -0 Public Hearin /Diagraph Corp. Fuel Storage Application The Clerk read the Notice of Public Hearing for storage of 1500 gallons of inks and solvents in containers above ground. Zigmond Guzikowski, rep- resenting Diagraph Corp. was present, as well as Kevin Callahan. Kevin Callahan had a detailed plan showing location of the proposed storage room, 10' x 30' for housing flammable inks. He said they do no manufacturing in the Mansfield plant. He advised that the warehouse is designed with a 4- hour fire code; they will not mix nor manufacture anything. Chairman Tartufo asked if they would have any problem with the Plumbing Inspector inspecting the facility; they said no. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 APGE 4 MOTION: To approve the Fuel Storage Application subject to the Plumbing Inspector review. Tartufo /Sarro VOTED: 5 -0 10. Review of Proposed New Positions a) Health Aide - Ed Rosenberg, Chairman of the Board of Health was present; the Health Agent had a previous commitment. The Selectmen were looking for justification for this request; Ed Rosenberg passed out a paper which had been given to the Town Manager last November, when the request was initiated. It encompassed the growth in Mansfield which creates more work for the Health Agent. The State Sanitary Code and State En- vironmental Code must be enforced. Ed Rosenberg then passed out a paper on "New area of concerns since 1986 "; i.e., radon, AIDS, cholesterol, Resource Recovery facilities, household hazardous waste, etc. It also stated that "As the State budget for Public health shrinks, more demand is put on local Boards of Health ". Ed Rosenberg said they are only asking for between 12 and 20 hours per week and thinking of a retired or semi - retired person with experience. The Health Agent often spends time in court in order to enforce viola- tions; this is the third year this position has been requested. He said Assistant Health Agent is the preferred title for the position. Ap- proximately one -half to 2/3 of the Board's budget is funded by fees. His Board has increased their fees which are justified by comparisons with other towns and costs, but he said he feels his Board's fees are designed to cover costs, not substitute for taxes. Selectman Dunn asked about their desire to discontinue enforcement of junk car removal. Ed Rosenberg read their Memo regarding this which stated there is no health issue concerned with junk cars; most com- plaints are aesthetic conerns. His Board would prefer to have more time for concerns more directly related to impact on public health. The sug- gested funding was for a 20 -hour week and the Board of Health vote was unanimous. Selectman Dunn suggested appropriating about $7,000. MOTION: To support the request with the amount to be $7,000.00 for an average 12 -hours per week. Dunn /Harrington Arthur Hayes, of North Main Street, addressed the type of person they wish to attract for this position, advising the $10,000 originally re- quested was more realistic. VOTED: 5 -0 Questioned about the Board of Health input regarding the Great Woods Entertainment License for the upcoming year, Ed Rosenberg said they have had a good level of cooperation from the Great Woods management over the past year and will continue to work with them. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 5 b) DPW Maintenance Supervisor - The Town Manager explained ditional field management supervision was needed, over water and Highway Departments. The DPW Director, John and advised that in the Fall when the position was firs felt it was a healthy move and economical combining wat however, with the Town in need of funds, he does not fe that he felt ad- the Water, Waste - Rhind, was present t mentioned he er and sewer. Now, el the Supervisor into entry posi- He said he nd Motor Pool. position is needed; he would rather have two people to put tions; large cities are doing away with middle management presently has three Foremen - Highway, Public Buildings a Selectman Harrington asked John Rhind if many complaints are received with the idea of number of staff he has. John said the union requires different personnel for different types of work; he is only limited by the equipment he has and number of personnel he has.. Selectman Sarro asked if there was someone in the Dept. of Public Works who could take over the supervisory position right now; John Rhind said "Yes "; now the three Foremen are doing the duties described in the job description. It was pointed out that the Supervisory position would be non - union, which some Selectmen felt was an advantage. MOTION: To support the position of Highway Supervisor. Dunn / Sarro VOTED: 3 -2 Tartufo & Markt opposed 11. Jackson Court Review (Selectman Dunn left the room for this discussion). Karl Clemmey and Paul Folkman were present. The Town Manager had previously distributed copies of the "License To Use Town Property", along with a sup- plement to the License, to each Selectman. Paul Folkman advised that the license had been reviewed by the Town's previous Town Counsel as well as the Jackson Court Trustees attorney. He said there will be no dumpster; they have worked out an agreement with the Town contractor. There was dis- cussion about two Public Parking signs prepared by Paul Folkman. Selectman Markt asked about planting vs. fencing where the property abuts Mrs. Moore's along the Old Colony right -of -way. Kevin McNatt, from the audience, asked a couple of questions, one wasr.date the project was expected to be completed. Paul said they hope to be fin- ished by July 1st. The Town Manager said every item of concern by the Board has been addressed. Mr. Hayes suggested a "No Through Way" sign, which was thought to be a good suggestion. Selectman Tartufo asked about a clause concerning unregistered vehicles left in the parking area. The decision was that they will be on public property so the Town has the right to remove them. Selectman Harrington felt it might help the property owners to have such a clause. The Town Manager suggested that in No. 4 of the Supplement to the License ( adding "The improvements contemplated shall be finished by July 1, 1989 or a pass book for $10,000. Selectman Tartufo suggested simply holding BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 6 two (2) floating units instead of a bond, with the July 1, 1989 deadline. Paul Folkman said he expects to meet with Mrs. Moore this coming week. 12. Environmental & Conservation Planner Job Description The Town Manager advised that he had consolidated the job descriptions for this position showing the differences between the language desired by the Conservation Commission and that which he had proposed (the Selectman had received copies earlier). The description has appointment made by the Planning & Development Director with advice by the Conservation Commission. This matter was discussed. Marilyn Ouellette, Acting Chairman of the Con- servation Commission had a revised description which stipulated appoint- ment from a selected list developed by the Conservation Commission. * MOTION: Support the language with the advice of the Conservation Com- Mission "(delete the bold print from the Town Manager's copy). Dunn / Markt Selectman Sarro asked for an explanation as to the combined Planning Director & Conservation Commission. Selectman Markt said he agrees with Selectman Dunn's motion. Chairman Tartufo said the Planning Development job description does not state that he will appoint the Conservation Agent. He felt the Town Manager should make the appointment from a list developed by the Conservation Commission, feeling there is a potential for conflict between the different boards. VOTED: 3 -2 Tartufo & Sarro opposed The Town Manager explained that the Conservation Commission will talk to the Planning Director on Conservation Commission issues; personnel will be handled by the Planning Director. Chairman Ouellette said she stands with her Commission description. MOTION: To support the Town Manager's description (as printed in brack- ets) under "Duties and Responsibilities ". Dunn /Harrington Selectmen Markt, Sarro and Tartufo said they are leaning towards the Conservation Commission description. Marilyn pointed out that there are responsibilities for the Wetlands. The Town Man- ager proposed wording "works uhder the staff supervision of the Director of Planning with functional advice and administration by the Conservation Commission on development applications and conservation issues',. After a brief "break" during which Marilyn had the opportunity to consult with some of her Commissioners, the discussion was continued. * MOTION: To accept the revised opening paragraph. Dunn /Harrington VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 7 Discussion then went to Item #5 under Duties and Responsibilities. Marilyn said the Conservation Commission wants "75% of his time on Conser- vation Commission related matters and to delete the words "of the Chair- man" in the last sentence under #5. * MOTION: To support 75% and to delete the words "of the Chairman ". Harrington /Sarro VOTED: 5 -0 Marilyn also said she would like to see more concerning the Conservation Commission in -put on selecting the Agent, more advice and counsel from the Commission; there was no comment from the Board on this. 13. Old Business a) Selectman Markt reminded the Town Manager that the condition of town wells had been requested some time back. The Town Manager said they are in good shape and Jerry St. Hilaire is preparing a report. b) Selectman Harrington reported that he had talked with Rep. Vernon about the Call Firefighters health insurance and asked the Town Manager to talk with him. c) Selectman Harrington asked for a report from each sub - committee. d) Selectman Harrington said he would like a workshop on a road improve- ments program - how and when to institute it. e) Other items mentioned: The Board needs to focus one evening on the revised budget picture and meet with the School Committee and Finance Committee to focus on possible budget shortfall. - Have Town Counsel come in to bring the new member up to date, as well as other issues the Board is facing. f) Selectman Dunn reminded the Board that the non -union salaries and classification matter is still outstanding; it was decided to schedule it for the next meeting. 18. New Business a) Selectman Dunn said the Mansfield School Budget has been given to him (Lou Amoruso had a copy for each Selectman). Selectman Dunn suggested the Chairmen meet to discuss it, then the chairmen return to their board /committee to report. Lou Amoruso suggested including the School Superintendent and Town Manager in the meeting, as well as the Finance Committee. b) Selectman Dunn asked that a copy of the Diagraph Fuel Storage applica- tion and plan be sent to the Health Agent. BOARD OF SELECTMEN MINUTES OF MEETING MARCH 22, 1989 PAGE 8 c) Chairman Tartufo said he would like to see a book of project status started so that everyone would be able to refer to it, and he would also like to have bi- monthly board and committee meetings again. d) At this point the Town Manager introduced the new Planning and Develop- ment Director, Shaun Burke. e) The Town Manager addressed a request from an attorney concerning a Norton property owned by Mr. Yelle who, months ago, had asked for per- mission to cross the sewer easement for access to his property. The Town Manager needed guidance to take back to Attorney Rich. Select- man Dunn said the Board has taken a policy of no easements granted. The Town Manager said to date the attorney has bot been able to pro- duce the legal right thay claim Yelle has. * MOTION: That the Board remain firm with their policy not to allow pri- vate development to cross the railroad right -of -way where the interceptor lies until they produce further evidence that there has been previous agreements existing. Dunn /Harrington VOTED: 5 -0 15. Adjournment * MOTION: To adjourn (at 11:00 P.M.). Dunn /Markt VOTED: 5 -0 MINUTES APPROVED: erK lc s