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HomeMy WebLinkAboutBOS MINUTES 8-22-1989OW115) i ' BOARD OF SELECTMEN I 2 Q 10 MINUTES OF MEETING AUGUST 22, 1989 ww C ` PRESENT: Chairman Tartufo; Selectmen Harrington, Dunn, Markt, Sarro; Town Manager 1. The meeting was called to order at 7:35 P.M. and the Flag saluted. 2. Minutes of August 9, 1989 * MOTION: To approve the Minutes of August 9, 1989. Dunn /Sarro VOTED: 5 -0 3. Warrant #10 * MOTION: To approve Warrant #10 in the amount of $517,389.51, dated August 21, 1989. * Markt /Harrington VOTED: 5 -0 Markt abstained on police items. 4. Licenses & Permits a) Application for four (4) One -day All Alcoholic beverage. licenses for Tri- County Beagle Club for Sept. 12th, 12 Noon - 12 Midnight, and Sept. 3rd, 4th & 5th 12 Noon to 8 P.M. * MOTION: To approve the four One -day Licenses. Harrington / Markt VOTED: 4 -0 Sarro abstained b) Transfer Request #1 in the amount of $3,000 for the Library /COA grand opening ceremony. The Town Manager explained that the funds could come from Boards & Committees Special Services account. Chairman Patricia Hume of the Council on Aging was present and explained what costs needed to be covered; the grand opening is scheduled for September 16th. Select- man Harrington noted he supports the Library /COA but has a problem with a $3,000 celebration and would like to see an effort to find other ways to fund it. Discussion followed as to expenses, who is being invited (ap- proximately 1,000). Selectman Markt pointed out the policy for transfer requests, that requests are not permitted until the fund is exhausted, and presently there is $7,545 in the account. Selectman Dunn said he agreed with Selectman Markt and would like to go ahead with the celebra- tion, then submit the bill when the account is expended. * MOTION: To approve Transfer Request #l. Dunn / Markt FAILED: 1 -4 Harrington in favor * MOTION: To go ahead with the party and submit the bill afterwards. Sarro /Dunn VOTED: 4 -1 Harrington opposed 5. Informal Hearing /Great Woods Chrysler - Plymouth, Inc. (Selectman Sarro left the room for this hearing) BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 � PAGE 2 Town Counsel, Max Volterra, was present, as well as Attorneys William Rosa and Charlie Mulcahy for Mr. DeBaise who is contesting the ownership of the property at 515 South Main Street. Mr. Bortolussi, present owner, was also present. Chairman Tartufo reviewed the situation. Mr. Rosa explained that due to a disagreement between the two parties the sale was never consumated. He asked the Board to maintain the status of their already issued licenses, otherwise, he said he feels both sets of licenses should be revokted. When asked if Mr. DeBaise holds a franchise agreement, he does not but has been approved by Chrysler. Selectman Dunn said he feels in order to operate a business there must be ownership which Mr. Rosa said they do not have. Selectman Harring- ton asked Mr. Bortolussi if he had proof of ownership; Mr. Bortolussi showed the Board a copy of his franchise document and said the deleaship is presently under a management agreement with Mr. McDonough. Town Counsel confirmed that there was no date of expiration on the franchise document. * MOTION: To revoke the Class I and Class II licenses issued to Mansfield Chrysler- Plymouth, Inc. based on the fact that the information submitted was not consumated. Harrington /Dunn VOTED: 4 -0 Attorney Mulcahy asked if there was any intention to have a hearing for Mr. Bortolussi /Great Woods Chrysler - Plymouth, Inc. He was told not unless indi- cation is received that he is not the present owner. 6. Correspondence a) Copy of letter to Town of Norton Water & Sewer Dept. c/o Kalkunte Eng. re: Waterways License Application, Rumford River & Norton Reservoir. (Letter from DEQE Division of Wetlands & Waterways Regulation). b) Letter to Board from Consultants to Management, Inc. re: Implementation of Enterprise Fund Accounting. c) Copy of Mass. Dept. of Revenue Informational Guideline Release and copy of a Bulletin - Semi - Annual Local Aid Payments & State Assessments. d) Notice from Dept. of Revenue Director of Accounts re: Amount of available funds or "free cash" for Town of Mansfield - $1,060,844. e) Copy of letter to the Planning Board from Town Counsel re: Fee structure for Special Permit applications. f) Letter to the Board from District Highway Engineer Cronin re: Public Hear- ing for Bristol County /Questions relating to roadway system in Bristol County towns. g) Notice of Public Hearing by Dept. of Public Utilities re: Summit Mobile Radio Co. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 PAGE 3 h) Notice of the Norton Conservation Commission boat trip on Norton Reservoir Tuesday, August 22nd. i) Letter to the Board from Michael & Gary Eagan re: Release of escrow funds for Wessel Street. * MOTION: To approve subject to review by staff. Harrington /Dunn VOTED: 5 -0 j) Letter to the Town Manager from Mass. Assistant Budget Director in response to his letter for the Board re: Local aid. k) Letter to the Board from Town Administrator of Brookline re: Town of Mansfield joining other "participating parties" in a lawsuit against the Governor. - The Town Manager urged the Board to support this. * MOTION: To support the Governor's home town in a lawsuit against him. Harrington /Markt VOTED: 5 -0 1) Copy of HOMEWORD, Monthly Update of Mass. Housing Partnership. m) Two (2) letters from S.E. Regional Vocational Technical School re: Volun- tary reduction of the FY -90 budget, and revised operating and mainten- ance budget. * MOTION: To support their swift action in view of the local aid cuts. Harrington /Markt VOTED: 5 -0 n) Letter to the Board from Director, The John W. McCormack Institute of Public Affairs re: Seminar on "Maintaining Momentum" (growth), Sept. 22nd. o) Letter to the Board from Ann Murray, 48 Warren Ave. re: Resident Parking sticker request. The Board secretary explained a call she had received from Mrs. Murray in which she had been in and out several times, but the ticketing officer had no way of knowing this. After brief discussion Chairman Tartufo suggested asking the Police Department to look into Resident sticker. No other action was taken. p) Copy,:of1 e .tter.,to.School.SUperdnt0dents from Commissioner of Education re: Equal Educational Opportunity grants. q) Letter to the Board from Greg Walkins, 6 Davis Street, re: Sewer system tie -in. - The Clerk read the letter; Town Engineer, Bob Swanson, was present and explained he is trying to get a price for comparison; he does not believe it will be as expensive as Mr. Walkins says. Also, he said he has a concern of this case setting a precedent. He feels the Walkins connection was wisely engineered and mentioned also that the Town charge BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 PAGE 4 is only $90.00, not $500.00; the $500 is probably the contractor's charge. * MOTION: To deny the request. Sarro /Dunn VOTED: 5 -0 r) Copy of Order of Conditions from Mansfield Conservation Commission re: Lions Club Fulton Pond project. s) Memorandum to the Board from FinCom Chairman Pasquale re: Reconciliation of Prop. 221 excess for FY -90. t) Memorandum to the Board from Town Clerk re: Election workers for Sept. 1989 to Sept. 1990. * MOTION: To approve the list as submitted. Harrington /Markt VOTED: 5 -0 u) Memorandum to the Board from Parks & Rec. Director re: Waiver of fee for construction of handicapped ramps at Memorial Park. * MOTION: To waive the fee and send a letter of appreciation to Karl Clemmey and his family for their donation of the construction. Harrington /Dunn VOTED: 5 -0 7. Old Business a) Street Maintenance /Road Resurfacing - Selectmen had received a Memorandum from both the Town Manager and Town Engineer concerning these issues. Town Engineer, Bob Swanson, was present to discuss his; he said the town roads are in such poor shape overlay or reconstruction are the only two alternatives to consider. He said there are two sources for funds: the municipal budget and Chapter 90 funds; the 1990 municipal budget has $75,000 in it for street repaving; he suggested using Chapter 90 funds for reconstruction. The Town Manager advised that the Town receives ap- proximately $100,000 twice a year, but that could be cut by the State. Selectman Sarro said he would like to see the Town get started as soon as possible, before winter sets in, and pursue Chapter 90 funds also. Sel- ectman Harrington said he would like to have Bob's list compared with the Vanesse - Hangen study of 1986. He feels the Board needs to come up with a comprehensive program to fix the roads before the next budget year and suggested a workshop to consider serious funding. He also suggested allocating a certain portion of the excise tax for road repairs. Chair- man Tartufo suggested having the Capital Improvement Committee work on it and that that committee start sooner than has been the custom in the past. * MOTION: To reactivate the Capital Improvement Program no later than October 1, 1989; propose starting earlier to devote early -on time for solutions, cost, etc. to help formulate road mainten- ance. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 j PAGE 5 Harrington /Sarro VOTED: 5 -0 * MOTION: To accept the Town Engineer's recommendations and proceed with repaving. Sarro /Dunn VOTED: 5 -0 b) Budget Status - The Town Manager distributed two handouts, one dealing with the FY -90 Budget Status as of 8/22/89, the other Fiscal Outlook as of the same date, both of which he reviewed briefly. Town Accountant was also present. The Town Manager expressed the opinion that there are dis- tinct negatives and positives in the fiscal outlook. * MOTION: To support the Town Manager's recommendation for balancing the budget for the additional overlay surplus and free cash. Harrington /Dunn The Clerk was asked to read the Memorandum from the Finance Committee Chairman dealing with reconciliation of Prop 2z excess for FY -1990. VOTED: 5 -0 * MOTION: To appropriate $100,000 for the Stabilization Fund, as recommended by the Finance Committee at the next Special Town Meeting. Harrington /Markt Selectman Sarro and Chairman Tartufo pointed out, from a discussion they had had with Rep. Vernon today that the Town is penalized a certain amount on free cash, but not the Stabilization Fund. Selectman Harrington withdrew his motion until more information is se- cured. The Town Manager explained that the stabilization Fund limits flexibility which free cash does not. Chairman Tartufo said he would like the Select- men to sit down with the Finance Committee to work the issue out. Select- man Harrington suggested the Town Manager and /or Accountant secure the information for a Board meeting in September. c) Special Town Meeting - The Planning Board Chairman, Bill Madan, was present and stated the earli- est date the Planning Board can be ready for the Special Town Meeting, because they must hold two hearingdates, is October 16, 1989. * MOTION: To set the Special Town Meeting date for October 16, 1989. Harrington /Markt VOTED: 5 -0 Chairman Tartufo said he hoped to keep the Special Town Meeting to two topics - the Master Plan zoning articles and Board of Selectmen budget figures; any other business would be placed last. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 PAGE 6 d) The Town Manager reported that the Special Call Firefighter legislation has been passed and signed by the Governor. e) Spaulding School - (Chairman Tartufo left the room for this discussion) The Tom Manager advised that the Zoning Board of Appeals variance hear- ing on the Steele's application will be September 5th. * MOTION: To send a leter of support to the ZBA from the Board of Select- men, for the Steele's variance request. Harrington /Markt VOTED: 4 -0 8. Old Business - Selectmen a) Selectman Sarro inquired about progress on the CDM sewer report. The Town Manager said he feels the next move is up to the Board. He also said he was hoping for settlement on the Bristol Arms situation soon, and that could trigger action more readily. b) Selectman Sarro asked about line stripNing of streets, parking lots, etc.; is it done by the Town or a contractor. The Town Manager will investigate. c) Selectman Harrington asked for an update on the landfill closure program, saying he would like information for the next Board meeting. 9. New Business a) Water Assessment Program for Rt. 106 - (Chairman Tartufo left the room for this discussion The Town Manager had distributed earlier information on this subject to Board members; he reviewed it briefly. There are several methods for assessments for water main extensions: on the basis of frontage; on the basis of land area to a fixed depth; on the basis of assessed valuation; or any combination of the above. He stated land area does not seem to be a practical method; use of the valuation method encompasses land area with the advantage that it also reflects the nature and condition of the land. He feels that a composite method uti3dzd -ng both frontage amd assessed valuation in equal weight appears to be the most equitable. He went on to say the Board needs to decide on the basis of a charge, an interest rate, and whether or not to hold a public hearing. Selectman Harrington indicated he would like a public hearing. * MOTION: To hold a public hearing the third Wednesday in September (Sept. 20th). Harrington /Dunn VOTED: 4 -0 Discussion following indicated this would involve a letter to affected individuals, including a proposed assessment, as well as a Press Release. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 22, 1989 I PAGE 7 b) Selectman Sarro asked for parking regulations on Rt. 106; is the road State or Tom management? The Town Manager will pursue this. c) Selectman Dunn advised that the Solid Waste Committee would like to review their latest report, which has been distributed to each Board member, in the near future. Selectman Harrington suggested September 13th meeting. 10. Executive Session * The Board was polled to go into Executive Session for the purpose of union negotiations discussion, and to come out only to adjourn: 5 -0 11. Adjournment The meeting was adjourned at 10:50 P.M. MINUTES APPROVED: Clerk Date signed