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HomeMy WebLinkAboutBOS MINUTES 7-26-1989* BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PRESENT: Chairman Tartufo; Selectmen Markt, Sarro, Dunn; Town Manager 1. The meeting was called to order at 7:35 P.M. and the Flag saluted. 2. Minutes of July 5 and 12, 1989 MOTION: To approve the Mintues of July 5, 1989. Markt /Sarro VOTED: 3 -0 Dunn abstained * MOTION: To approve the Minutes of July 12, 1989. Markt /Sarro VOTED: 4 -0 as amended 3. Warrants #4A, #5, #56, #6 * MOTION: To approve Warrant #4A in the amount of $225,554.25, dated July 11, 1989. Markt /Dunn VOTED: 4 -0 Markt abstained on police items * MOTION: To approve Warrant #5 in the amount of $766,981.38, dated July 18, 1989. Markt /Dunn VOTED: 4 -0 Markt abstained on police items * MOTION: To approve Warrant #56 in the amount of $81,825.81, dated June 30, 1989. Markt /Dunn VOTED: 4 -0 Markt abstained on police items * MOTION: To approve Warrant #6 in the amount of $486,034.81, dated July 25, 1989. Markt /Sarro VOTED: 4 -0 Markt abstained on police items 4. Licenses & Permits a) Request from Treasurer's office to approve and sign a Baybank Certifi- cate & Covenant for Ban /Building Bond in the amount of $1,125,000.00. * MOTION: To approve and sign. Sarro / Markt VOTED: 4 -0 b) Application for a Hackney License, Mansfield Town Taxi Vehicle #17. * MOTION: To approve the Hackney License. Markt /Dunn VOTED: 4 -0 c) VFW Change of Manager application, from Robert Gleason to John A. Duarte; no police record. * MOTION: To approve the Change of Manager. Markt /Sarro VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JULYVL 1989 PAGE 2 d) The Town Manager reported he had received a letter from Attorney William Rosa concerning the contested ownership of Great Woods Chrysler- Plymouth at 515 South Main Street, in which he requests a hearing by the Board. The Town Manager advised he feels it would be best to have Town Counsel present at the hearing; August 9th was suggested as the hearing date. 5. Public Hearing /New England Telephone (cont'd) No one was present from the telephone company. Selectman Markt, as Chair- man of the Light Commissioners, stated that the Light Department Manager said location of the poles does not matter to him (Petition No. 89 -5, Maple Street). Selectman Dunn said he felt it would waste Mansfield's manpower to have to move the poles and they look great where they are; this was the consensus of the Board. MOTION: To deny Petition No. 89 -5. Markt /Sarro VOTED: 4 -0 6. Mansfield Women of T The Town Manager reported that the Women of Today had contacted him about holding a champagne auction for the benefit of the Library /COA facility. He advised that a Town by -law requires a special permit from the Board of Selectmen for alcohol to be served in a Town -owned building. Jeanne Sim - mington, speaking for the Women of Today, explained they have agreed to secure a certificate of insurance for the affair. They plan to serve cham- pagne from 7 -9 P.M., then coffee and desert. Selectman Markt had a concern that to permit this would set a precedent. Selectman Dunn expressed concern about the amount of champagne which might be consumed by some attendees, since the plan was to sell tickets of admis- sion, then free chanpagne. MOTION: To take under advisement until the Selectmen's next meeting. Markt /Dunn VOTED: 3 -0 Sarro out of room during this dis- cussion. 7. Correspondence a) Letter from DEQE re: Updated list of hazardous waste sites. b) Copy of letter to the Town Manager from Chairman of Board of Assessors re: Office Manager /Assistant Assessor job classification. c) Letter to Chairman of the Board from National Organization on Disability re: Representative to N.O.D. - Selectman William Sarro was designated d) Copy of letter to Chairman of Planning Board from Fay, Spoffard & Thorn - dike, Inc. re: Mansfield Life Care Associates Special Permit application. e) Letter from MMA re: Gov. Dukakis vetoes in local aid. BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 3 f) Copy of letter from Cable Vision to Community Antenna Television Commis- sion re: Quarterly Complaint and Significant Service Interruption forms. - Chairman Tartufo addressed the fact that some calls are not listed so he wonders how accurate this report is. * MOTION: To send a letter requesting information that is missing. Dunn / Markt VOTED: 4 -0 g) Copy of State Ethics Bulletin June 1989. h) Copy of Hearing Notice by Conservation Commission of "Re- subdivision of Treetops Subdivision ". i) Copy of letter from Tri -Town Chamber of Commerce to Gov. Dukakis re: Cuts in local aid. j) Request from D.A.V. for their Annual Forget Me Not Drive Sept. 7 -9. MOTION: To approve. Markt /Sarro VOTED: 4 -0 k) Memorandum to Chairman Tartufo from the Fair Housing Director, Shaun Burke re: Fair Housing Committee. Discussion followed as to replacing vacancies with representatives from different fields of interest as originally. * MOTION: To reduce membership to five as a temporary measure. Markt /Dunn VOTED: 4 -0 1) Notice of a National Conference, "Economic Development, What Works at the Local Level ", Sept. 18 & 19 in Pittsburgh, Penna. m) Copy of letter to the Planning Director from Karl Clemmey's attorney re: Proposed Changes to Rt. 140 - Great Woods. n) Memorandum to the Board from Chairman of Conservation Commission, re: Utilities' proposed work within rights -of -way. o) Notice of Mary Dunn's 101st birthday at Country Haven Nursing Home August 5th in Norton. p) Letter to the Board from National V.P., International Brotherhood of Police Officers re: Mansfield Police Association affiliation and merger with. q) Letter from SRPEDD Director of Highway Planning re: Preparation of a draft Transportation Improvement Program for Federal funding. BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 4 r) Copies of three (3) letters from Town Counsel as follows: - to Planning Board re: Repeat Special Permit Petitions - to Airport Commission re: Power of Airport Commission to lease for a period not exceeding 20 years - to Director of Parks & Recreation re: Employee of Town as member of Recreation Commission s) Three (3) Notice of Public Hearings from Dept. of Public Utilities re: - Amend regulations which implement the Dig Safe Law - New England Telephone & Telegraph Co. - Long 'di'stance /USA, Inc. t) Memorandum from Inspector General re: Code of Conduct for Public Employees. u) Letter to the Board from American Paper Recycling, Inc. re; Inability to continue to handle the town's paper recycling. v) Copy of letter to Auditor /Accountant /Treasurer from Dept. of Revenue, Division of Local Services re: Year end reporting requirements. w) One copy, each, of Division of Local Services BULLETIN and INFORMATIONAL GUIDELINE RELEASE. x) Copy of Senator Bill Keating's Business Report. y) Letter from U.S. Dept. of Commerce, Bureau of the Census, re: Local Review Program Workshops. z) Letter from Peat Marwick, Barbara Breen, re: Mansfield year end audit of 1989. aa) Request for waiver of building, plumbing and electric fees by Mansfield Assembly of God Pastor Theerman. * MOTION: To waive the permit fees. Sarro /Markt VOTED: 4 -0 bb) Memorandum to the Town Manager from Selectman Harrington re: Conditions at Memorial Park. - The Town Manager said he has discussed this with Chief Earls, and Chief Earls will have extra attention paid to that area. cc) Memorandum to the Board from SRPEDD Regional Review Coordinator re: Regional Review of an application /Environmental notification form for a project in Mansfield. dd) Memorandum to the Board from Kelli Baker, Master Plan Advisory Council Chairman, re: Request to "officially" remove two resigned members. - After some discussion and decision to permit the Conservation Commis- sion to designate whoever they wish as their representative to the council, the following motion was made: BOARD OF SELECTMEN MINUTES OF MEETING ( JULY 26, 1989 PAGE 5 * MOTION: To reduce the council membership to eleven (11). Markt /Dunn VOTED: 4 -0 ee) Memorandum to the Board from Subdivision Supervisor, Bob Powers, re: Otis /School Street intersection improvements. * MOTION: To approve the $11,000.00 security bond. Markt /Sarro VOTED: 4 -0 ff) Notice of Tri -Town Chamber of Commerce "Business After Hours" meeting August 9th. gg) Letter from MMA re: "Technical assistance in form of management advisors and special "shirtsleeve sessions' on how to cope with local aid reduc- tions." hh) Appreciation card from the Harrington family. ii) Copy of letter to Government Relations Representative, U.S. Postal Service from Congressman Barney Frank re: Contract service in downtown Mansfield. ( jj) Letter to Key Officials re: FY -90 Cherry Sheet. kk) Copy of newspaper article entitled "Oak Bluffs Starts New System To Promote Trash Recycling ". 8. Master Plan Update Shaun Burke, Planning Director, Mike LaCasse, former worked with the Master Plan Council from its beginnii Conservation Agent, were all present, along with the Baker. Mike LaCasse had a number of maps and graphs which followed Shaun Burke's introduction explaining the document previously distributed to Selectmen and ments, etc. Planning Director who ig, and Dick Lewis, Council Chairman, Kelli for his presentation, they wanted to review receive questions, com- Mike explained that a "cluster development" is proposed to be single family residential; cluster requires 50,000 square feet, and a Special Per- mit. He also had a map showing land already planned for development since inception of the Master Plan, so urged action soon to put the Master Plan in place, or it will be too late. After some questions and comments, Selectman Sarro said he felt that a good job had been done and he thought it should go forward. * MOTION: That this Board accept the concept of the Master Plan and support it with changes worked out at the public hearing. Sarro /Dunn VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 6 lull Open Space & Recreation Plan Dick Lewis, Conservation Agent, had put many hours of work into this report, copies of which had been distributed earlier to each Selectman. Chairman Tartufo commended him on the work done and the report. Dick explained the "Open Space Plan" has three purposes: educational, a planning tool, and once the Plan is submitted to the State, the Town becomes eligible for grants to acquire open space, etc. A hearing was held to receive ideas for a five -year development plan, and the hearing indicated there is more conservation and open space needed. The Conserva- tion Commission would like more green belts along the rivers, as well as more conservation land acquired. Also, recreational areas need to be developed. Goals are: to protect aquifers, access to conservation lands, and to ex- pand and improve recreational facilities. All these would benefit from yearly Town Meeting appropriations. Chairman Tartufo and Selectman Markt both commented that the plan is ex- tremely well done. Dick said he would like a review letter from the Board of Selectmen. The Town Manager had one already prepared which the Clerk read. MOTION: To support the Open Space and Recreation Plan. Markt /Sarro VOTED: 4 -0 Discussion followed as to making such conservation and recreation areas known, marking trails, etc. New Business - Town Manager a) Water & Sevier Rates - The Town Manager had previously distributed infor- mation on this subject to the Selectmen. He pointed out that about $73,628 has been collected on delinquent water bills due to the diligent work of the Office Manager, Pat Reese, who was present, as was Water & Sewer Operations Manager, Jerry St. Hilaire and DPW Director, John Rhind. Discussion followed concerning various aspects affecting rate increases; also whether to increase the rate now or later. Selectman Sarro said in order to approve an increase he would like to have the billing procedure improved, and a solution found for the 37% unaccount- able water useage /loss. He said he had asked for a report from the Water Department once a month on the amount of water pumped, amount of water billed for, amount used for 'special services'. Chairman Tartufo felt there was nothing to do but to approve the increase and reminded Board members that they were advised six months ago that another in- crease would be necessary. MOTION: That the Water Department Manager report to the Board of Sel- ectmen in full detail once a month, as well as what steps are being taken to reduce the 37% loss. Sarro / Markt BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 7 Selectman Markt expressed frustration and concern of the taxpayers. VOTED: 4 -0 The Town Manager stated the town has had a remarkably good year, re- placing meters, improving billing, flushing program, dirty water prob- lem improved; operator training - many very positive developments in the Water Department. * MOTION: To set the water rate at $17.26. Markt /Dunn Selectman Dunn said the Water Department has done an awful lot of work this year and came within 1% of collections meeting the budget; there is alot of work involved to collect delinquencies. VOTED: 2 -1 Markt opposed Sarro abstained Sewer Use Rate & Septage Disposal Rate - Again, the Town Manager reported, the financial results of the wastewater operation are positive, showing an anticipated surplus of about $235,000.00, $112,000 due to delinquin- cies collections. Discussion followed as to whether to use the approxi- mate $98,000 put aside for matching grant money. Jerry explained that by increasing the septage rate it will help the user rate. * MOTION: To increase the septage rate to $25.50 per 1,000 gallons. Markt /Sarro VOTED: 4 -0 * MOTION: To approve $21.60 for the sewer use rate increase (per 1,000 cubic feet). Sarro / Markt VOTED: 4 -0 The Town Manager then produced two resolutions pertaining to the above rate increases which the Clerk read and the Board approved, as follows: BE IT RESOLVED THAT, effective August 1, 1989, Article 6, Section 1 of the Town of Mansfield Water Regulations are amended to increase water rates to $17.26 per thousand cubic feet of water used. BE IT RESOLVED THAT, effective August 1, 1989, sewer use rates are amended to increase the rate to $21.60 per thousand cubic feet of con- sumption billed on the following basis: 85% of residential water con- sumption, and 100% of industrial /commercial consumption; and further that septage disposal rates, effective August 1, 1989 are increased to $25.50 per thousand gallons disposed. * b) MOTION: To approve the Peat Marwick Main & Co. audit proposal of $36,000 for the year ended June 30, 1989. Dunn /Sarro VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 8 c) Carla Foley (owner of the new Ladonna Restaurant next to the Paine School) has offered to resurface the Paine School parking lot, as well as paint the trim and doors of the Paine School, with permission to lease the parking lot for the restaurant evenings and weekends for a monthly fee. There was brief discussion. MOTION: To pursue it. Sarro /Markt VOTED: 3 -0 (Dunn out of room for this discussion) d) National Lumber Co. has asked for permission to beautify a portion of Town -owned property in conjunction with their own property. They are moving some dirt from the rear of their property and want to use it to fill a hole on Town property, and propose landscaping the area for a picnic and parking area. The Town Manager had a map showing the area of discussion. There was brief discussion concerning what the Conserva- tion Commission provisions were, for National Lumber, and the feeling that the Commission should also review this issue. Selectman Dunn sug- gested that the Board consider this after they have completed everything else promised by National Lumber earlier. MOTION: Not to consider this until they have completed all other points promised. Dunn / Sarro VOTED: 3 -0 ( Tartufo out of room for this discussion) e) Selectman Harrington had advised the Town Manager that the Steeles had called him about their ZBA application which was filed too late to be included on the agenda before the next meeting in early September. It was Selectman Harrington's suggestion that perhaps the Board could per- suade the ZBA to hold an earlier meeting. The Town Manager said he feels the Selectmen have done alot for the Steeles and he does not feel it wise for the Selectmen to intercede with another board. Selectman Dunn felt to make such a request could possibly backfire for the Steeles. The Board's decision was to do nothing. 11. New Business - Selectmen a) Chairman Tartufo asked for approval of rescheduling for Selectmen August meetings, although the August 9th one will remain due to a hear- ing date already scheduled. He asked if August 22nd would be accept- able for the second meeting, as the Town Manager would be away the 23rd. This was agreed to. 12. Old Business - Town Manager a) It has been determined that two (2) handicapped parking spaces should be installed in the front parking area of Town Hall, one on either side of the entranceway. A curb cut will be required for a ramp. b) The Town Manager reported the Call Firefighters petition for those who are permanently and totally disabled as a result of injuries sustained BOARD OF SELECTMEN MINUTES OF MEETING JULY 26, 1989 PAGE 9 in the line of duty has been approved by Special Counsel, Michael Lehane, as revised by H.B. #5668. 13. Adjournment * MOTION: To adjourn (at 1:05 A.M.) Markt /Sarro VOTED: 4 -0 MINUTES APPROVED: Clerk / Date signed