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HomeMy WebLinkAboutBOS MINUTES 9-20-1989BOARD OF SELECTMEN MINUTES OF MEETING j SEPTEMBER 20, 1989 PRESENT Chairman Tartufo; Selectmen Dunn, Sarro; Town Manager 1. The meeting was called to order at 7:45 P.M. and the Flag saluted. The Chairman advised that Selectman Harrington is out of town on business and Selectman Markt would be late. 2. Minutes of September 13, 1989 * MOTION: To approve the Minutes of September 13, 1989. Dunn /Sarro VOTED: 3 -0 3. Warrant #14 * MOTION: To approve Warrant #14 in the amount of $693,517.84, dated September 19, 1989, broken down as follows: General Fund - Special Revenue - Capital Projects - Sewer Enterprise - Water Enterprise - Electric Enterprise Dunn /Sarro VOTED: 3 -0 $225,748.50 27,542.41 164,344.48 23,319.42 25,004.45 227,558.58 4. Licenses & Permits a) Application for Parade Permit for October 29th Halloween parade. * MOTION: To approve, subject to Police Chief approval. Dunn /Sarro VOTED: 3 -0 5. Questions & Comments a) Peter DeTrolio, 496 Elm Street, advised the Board that Friday, Satur- day, Sunday and Tuesday nights the noise from Great Woods "was so bad he couldn't live in his house ". He went on to say "If we don't do some- thing, something really crazy is going to happen one of these nights ". Jim Jackson, 27 Lantern Lane, then stood up and said he had a letter he wanted to read. In it he indicated Great Woods has "created an intru- sion into the once peaceful and tranquil area of West Mansfield" and that the noise has "increased steadily ". He questioned whether people are subject to a "health risk by being forced to listen to constant drum noises and ever increasing amplified music." He also questioned how Great Woods and the Town measure the noise, and suggested a noise ord- inance to prevent a "private business" from polluting the town. Selectman Sarro said the Selectmen do monitor Great Woods and the decibel level, and we do what we can right now. Peter asked why the decibel level can't be reduced. Chairman Tartufo said what is comfort- able is not always what is legal. Selectman Dunn said we can regulate BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 20, 1989 PAGE 2 to the limits of the law. Selectman Sarro said he is asking residents to send him a letter each week reporting on the noise level. Peter sug- gested asking Town Counsel is it possible to reduce the decibel level be- low legal limits. Chairman Tartufo said "Mansfield does not need the kind of culture shock the Gerry Garcia concert created,.; and it will not occur again. Selectman Dunn spoke to the amount of time Selectman Sarro has spent at Great Woods this year, indicating he is doing what he can. b) Mr. Jay Barrows asked if the Board had received his petition for the Special Town Meeting Warrant; the Town Manager assured him he had. 6. Informal Hearinq /Water Betterment Assessment (Chairman Tartufo left the room for this discussion) The Town Manager had handouts for anyone interested showing various "scenarios" for land and lots to be affected. He opened with a short his- tory of "how we got to this point" and mentioned Eastleigh Estates as one subdivision affected (off Rt. 106). A new water main was installed along Rt. 106 and the cost is to be recovered by betterment charges ($373,290). He said State law governs very closely the parameters by which the Select- men may levy betterments. There are many methods and Mansfield has sel- ected one. Benjamin Flint, of East Street, asked for a betterment charge only for any land held open for twenty years. He pointed out, on a map, that the prop- erty he owns does not need any water main as it is already served by mains from the Dustin Well, as well as land 120 feet on the other side of the road his land is served from the old Town main. He said he supports Scenario 'C'. An Eastleigh Estates resident a:iso. ":suppo.rted-: Scenario 'C'. Michael Ready questioned assessed value of his lot vs. back lots. A Mr. Morrison wanted his valuation for land only, not building which he said is included. Karl Clemmey said he wants to see a column showing acreage and a break -down for buildable land. Life Care Update Frederick Uehlein, Ted Kelley and Al Willis were all present. Fred Ueh- lein spoke for the issue, saying prior to the October 4th Planning Board meeting they wanted to bring the Board of Sleectmen up on the status of their project, Cobbler's Corner. They have addressed all the issues raised: traffic, roadway, abutters and density. They have prepared an agreement which reflects a down- scaled program - 200 living unit facility and a 40 bed nursing home. Reduction of density reduced the amount of traffic and they have a new design for people in the area to be able to hook up to the sewer line. He went on to say they believe their facility will round off the totality of the town. The Chairman thanked them for coming in. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 20, 1989 PAGE 3 8. Correspondence a) Letter to the Board from Ralph Maloon, Rim Engineering Co., re: Permission to cross over the former railroad right -of -way for a period of 10 days. - The Town Manager had a map and explained the Conservation Commission recommendations. Selectman Dunn raised the question of need for Town protection - a bond; the Town Manager will check into this. * MOTION: To approve so long as the Town is protected. Dunn /Sarro VOTED: 3 -0 b) Copy of Dept. of Revenue Division of Local Services BULLETIN re: Course for Treasurers. c) Letter from Regional Director, Bureau of The Census re: Counting components of the homeless. d) Notice of SRPEDD Commission meeting September 27th, 8:00 P.M. e) Invitation to Mass. Interlocal Insurance Assoc. Seventh Annual Business Meeting, October 28th, 12 Noon, Boston Marriott Hotel. f) Letter from Nancy & Jay Creeden to the Board requesting placement on the agenda. g) Memorandum to the Board from Treasurer, Joan Cutillo, re: Tax lien fore- closure decree. h) Letter to the Board from William Holske, 22 Linden Street, re: Commercial vehicle parked at 61 Park Street. - Referred to the Building Inspector i) Copy of letter to Chairman, Mass Board of Education re: Capping expenditures for School Building Assistance Bureau projects. j) Copy of letter to the Board of Assessors from Dept. of Revenue re: Notifica- tion of Preliminary Certification. k) Letter from Winchendon Board of Selectmen re: Impeachment of Gov. Dukakis. 1) Memorandum from Committee on Criminal Justice re: Requests for Proposals and Guidelines for Funding. m) Letter of resignation from Recreation appointee, Patrick Burns. * MOTION: To call the second applicant (Ronald Reeves) to see if he is still interested. Sarro /Dunn VOTED: 3 -0 BOARD OF SELECTMEN MINUTES OF MEETING j SEPTEMBER 20, 1989 PAGE 4 n) Letter to the Board from Mrs. Karen Michener, 35 Highland Ave., re: Amendment to Recodify Mansfield Zoning By -law. - The Town Manager will refer this to the Planning Director o) Letter to the Board from Marilyn Baldwin, President of Mansfield Women of Today, re: Request to read and sign a Proclamation for Mansfield Women of Today Week, Sept. 24 -30. * MOTION: That the Proclamation be signed and read. Dunn /Sarro VOTED: 3 -0 9. Old Business a) The Town Manager reported he had received a letter from the State regard- ing a grant for the landfill recapping; he read a portion of it which indicated the program is retroactive for receipt of grant funds. b) Selectman Sarro mentioned a problem on Oakland Street last night caused by the heavy rains, and asked the Town Manager to check prior to more rain predicted for this weekend. c) Special Town Meeting Warrant The Town Manager advised that he had added one more article for avail- able funds to purchase the property next to the Fire Station. The State does allow you to rescind the Town Meeting Article and include this Article #6 in this Warrant. The Town Manager reviewed all the articles received, including those not yet authorized for having 100 signatures and one without 100 signa- tures. * MOTION: To reconsider the order of the articles that were previously approved. Dunn /Sarro VOTED: 3 -0 * MOTION: To accept the articles as proposed by the Town Manager docu- ment 1 through 21. Dunn /Sarro Selectman Sarro expressed concern about Articles 5 & 6 because using free cash, the money cannot be added back into free cash. He said he does not want to spend free cash. Selectman Dunn agreed. The Town Manager said he hopes the Spaulding School closing will occur prior to October 16th (Special Town Meeting date). FAILED: 1 -1 Sarro opposed, Tartufo abstained i The Town Manager advised that an article can be withdrawn if free cash is needed and the Board does not want to use it. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 20, 1989 PAGE 5 * MOTION: To reconsider the vote. Dunn /Sarro VOTED: 3 -0 * MOTION: To insert in the order presented Articles 1 through 21. Dunn /Sarro VOTED: 2 -0 Tartufo abstained * MOTION: To insert Articles 22 & 23. Dunn /Sarro Selectman Sarro questioned Article 23, indicating there is a subdivision going up there; he also questioned legal procedures by the Planning Board pertaining thereto. VOTED: 3 -0 * MOTION: To insert Article 24 with certification by the Town Clerk of 100 signatures. Sarro / Tartufo VOTED: 2 -0 Dunn abstained. * MOTION: To close the Special Town Meeting Warrant. Dunn /Sarro VOTED: 3 -0 d) Selectman Markt asked about continuation of the departmental reviews. Selectman Sarro said he had gone over a suggested schedule with the Town Manager for a Saturday and he would like to see it scheduled as soon as possible, after checking with the other two Board members and the Finance Committee members; October 14th was suggested. 10. New Business * a) MOTION: That the sale of the $5,425,000 Municipal Purpose Loan of 1989 bonds of the town, dated September 15, 1989, to BNE Capital Markets, Inc. & Associates at par and accrued interest is hereby confirmed. The bonds are payable on September 15 of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 1990 $430,000 6.60% 1999 $260,000 6.80% 1991 430,000 6.60 2000 260,000 6.90 1992 430,000 6.60 2001 260,000 6.90 1993 430,000 6.60 2002 260,000 6.90 1994 280,000 6.80 2003 260,000 6.90 1995 280,000 6.80 2004 260,000 6.90 1996 280,000 6.80 2005 260,000 7.00 1997 280,000 6.80 2006 260,000 7.00 1998 260,000 6.80 2007 245,000 7.00 BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 20, 1989 PAGE 6 and that the consent dated September 19, 1989 to the certi- fying bank bidding for the bonds is hereby confirmed. Sarro /Dunn VOTED: 3 -0 The Town Manager reported that this is the first bond sale since 1986 and the new bond rating would help by saving the Town approximately $175,000. 11. Adjournment * MOTION: To adjourn (at 10:10 P.M.). Dunn / Sarro VOTED: 3 -0 MINUTES APPROVED: Clerk Date signed