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HomeMy WebLinkAboutBOS MINUTES 1-2-1980WILLIAM P. METROYULOS Town Manager February 1, 1980 TOWN OF MANSFIF.i,I), MASSACHUSETTS Joseph Houghton, Jr. Chairman Finance Committee Mansfield, MA 02048 RE: Underpass Pump Dear Joe: On September 11, 1978, the DPW Director and Town Manager submitted the cost estimate for the installation and purchase of an underpass pump based on the then current best known figures. The Capital Improvements Committee approved the $20,000. figure as submitted and it was then submitted to the Annual Town Meeting in May 1979 at which time the town voted approval of the installation and purchase of the underpass pump. The town consequently proceeded with the advertising on August 23, 1979 and the bid opening was held on September 6, 1979. The only bidder was Harding s Smith, Inc., Norwood at $24,500. less 1% discount if payment was made within 10 days. Subsequently, the DPW Director and Town Manager recommended a transfer request of $4500, and the Board of Selectmen approved the request by motion, Voted 5 -0. On October 15, 1979, the Finance Committee voted to take the request under advisement until an actual cost was known and felt that funds could be taken from other Federal Revenue Sharing accounts where access funds exist or from projects of lesser priority. Finally, on December 30, 1979, the Finance Committee disapproved the original transfer request A, dated 9/13/79 for the reason as stated immediately above. As a result of the disapproval, the Town Accountant requested an opinion of the Town Counsel on the question of transfer of funds. The Town Counsel's opinion, 1/15/80 was noted to the Town Accountant, Finance Committee and Board of Selectmen that towns are prohibited from making transfers from accounts appropriated unless the town votes to do so, by majority vote. Further, the advice of Town Counsel was to transfer the $4500. from the Reserve Account into the appropriated acco(lat- for the specific purpose of purchasing and installing of the underpass pump, rather than wait for the next annual town meeting. Subsequently, the Town Accountant brought the matter before the Board of Selectmen on January 16, 1980, at which time the Board by motion requested the FinCom to appear before them at their next meeting, January 23, 1980. At this meeting, January 23, 1980, the FinCom stated that this was a Capital Improvements Account to be paid for with Federal Revenue Sharing monles.' N Page 2 Joseph Houghton, Jr. February 1, 1980 The Finance Committee also stated that this was the first time a transfer request for a Federal Revenue Sharing Account was made and they did not want to set a precedent by transfering monies from the general account for a Capital Improvement item. Further, FinCom stated that there should be some way of preventing bids coming in over estimated. At this meeting the Board of Selectmen indicated that a second request would be forwarded to them for their approval, voting further that we are awaiting the transfer to sign the contract. On January 30, 1980, the Board of Selectmen again approved a transfer request in the amount of $4500. The FinCom was advised that the Board of Selectmen would approve the request on this date. Because the FinCom was at a meeting on this same night at the Library, someone would stop in and pick up the initialed transfer form, adding also that if not ready when one of their members came by they would take action on the request since it was unchanged from the original request #4, dated 9/13/79. However, on January 31, 1980 the Town Accountant and Town Manager were advised that the FinCom did not take action on the transfer request because they did not have the form in their possession and further that they still had reserva- tions as noted above in this letter. The Town Accountant stated that he had also discussed this inaction with the FinCom Chairman and was informed that he (the chairman) would poll the FinCom members and advise of the vote. Promptly, as of this writing, February 1, 1980 at 3:00 p.m. no member of the FinCom has contacted this office nor the Town AccountAnt's office. Therefore, I believe it is incumbent upon this office to take affirmative action to resolve the dilemma due to the nature of the problem existing at the under- pass at 106, that is flooding, icing conditions because of pumping failures and because of the apparent inability of the FinCom to act on a transfer of funds since first requested on September 13, 1979. Thus, this office shall hold the FinCom collectively and individually responsible for any losses claimed by the contractor to have suffered, for any legal recourse sought against the Town, and for any liability claimed by any individual users of 106, due to flooding and icing conditions of the underpass caused by the failure of the existing pumping system. This action is deemed necessary for the preservation of the peace, health, welfare and safety of the general public and is further deemed to be an emergency. This letter has been reviewed with Town Counsel and concurs with the above. Hopefully, the above shall not be necessary. Very truly yours, i✓ William P. Metropulos, Town Manager WPM /mt cc: Board of Selectmen Town Accountant Certified Mail #613053 BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 2, 1980 Present: Selectman Lyman C. Avery, Robert M. DeLong, Norman Mahana and AntoninorCaponigro, Jr. Town Manager William P. Metropulos. The meeting opens as 7:00 P.M. for review of correspondence in the Selectmen's meeting room. The first item on the agenda was request for an Executive Session by Town Counsel Charles Mulcahy to discuss litigation. Selectman DeLong moved that the Board go into Executive Session, seconded by Selectman Caponigro - The Board was polled, DeLong, yes; Mahana, yes, Avery, yes and Caponigro, yes. All in Favor. (Executive Mirtutes typed separately) Back in Open Session at 7:40 p.m. House Moving - D.R. Betts - Present for this meeting was,Mr.'.Betts;Chad Maurer, Town Planner and Mrs. Haskell, 218 Spring St. with her two sons. The reason for the meeting was due to a recent house moving ih'swhich problems developed. The house was being moved from School St. down -onto Willow St. (a senic Road). Before this house moving was approved it had to have the approval of the Planning Board because of Willow St. being a senic road, which it did. The route was gone over with the mover, the Town Planner and also the DPW director. Mr. Betts noted that he would only cut the limbs hanging over the right-of -way and was also given permission to cut one small tree, which was not near the specific area being discussed tonight, (the Haskell property). Mrs. Haskell read a note in which she expressed her disappointment in the fact that she was not notified ahead of time that a house moving would be taking place, that they may have to come upon her property and cut back some of the limbs, also the fact that these trees, Douglas Fir & Spruce were about 75 years old and one of the reasons that they bought the property, that these trees have provided a screening and privacy for them. She noted that she just feels as though her rights have been violated and disappointed that something like this could have happened. One of Mrs. Haskell's sons noted that after they had cut the limbs of three of the trees and were asked to stop, they were told that the mover has the right to do this, however,with more complaining, the electric light company used the bucket truck to pull back the rest of the branches without cutting and cant` understand >why this could not have been done in the first place. Mr. Betts noted that the day in questioned was a very cold day about 10 degrees, and to pull the branches back would only cause them to snap, break and break windows in the house. Mr. Betts also noted that none of the trees were on private property that they were all on Town property. Mrs. Haskell noted that she is not sure just where her property lines ends, but the trees were put in by the former owners. Mr. Betts also noted that he just cut the limbs where the house went by, it would have ruin the look of the trees if he had just cut the limbs half way. The DPW Director gave him permission to cut the limbs because he said they were a hazard in the winter time with snow on them. Selectman Avery said that it was a very unfortunate thing, that they should have been notified if anyone would be going on their property. Selectman Mahana questioned whose responsibility it is for the cutting of the trees, the sealing and painting of them' afterwards? Mr. Betts said that this is the responsibility of the owner to hire someone to do this work. -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 2;' -1.980 Page 2 Selectman DeLong feels that we can set standards ourself as we did requiring a deposit with the electric light department. Mrs. Haskell's son suggested that the Board write up an ordinance requiring expeirenced tree men to do the work and not just leave this to the responsibility of the home owners. Selectman Avery thanked everyone for being here tonight and noted that in the future more precautions wll be taken. R.W. Beck Associates - ELECTRIC RATE STUDY - Mr. James Hall, Ligh Director in- troduced Daniel Sacks and another unidentified gentleman from the R.W. Beck firm who just completed the Electric Rate Study. Mr. Hall noted that before the task of the rate study was undertaken he asked the Commissioners if they wanted to let the fuel adjustment charge stay as is or hide it in the base rate, it was decided to keep it the way it is. The same base rate of 2.64 mills per kWh will be kept. A lengthy discussion on this was prompted by Selectman Mahana who feels that by separating the two charges on the bill (usage and fuel adjustment) we are only making excuses for the true cost of electricity. The other Board members are in favor of leaving it the way it is. Mr. Sacks noted that he does not recommend chaning the billing process because it would tie the departments hands for three months. New rates can only be filed with the DPU every three months, fuel adjust- ment rates change every month, we would have to file a new rate every three months. By leaving it the way it is, the base rate will remain the same but the fuel charge will fluctuate with each rate increase. Mr. Hall noted that the department just received a recent rate increase of $80,000. which he intends to fight, but they also were just awarded $100.000 in winning a rate case, this will be used to obsorb the recent increase received. Selectman DeLong questioned why November to October 31st is the'power year. Mr. Sacks replied that because New England generally has a peak of power in the winter and they are able to take full advantage of this. Selectman DeLong questioned Mr. Sacks as to what they based this study on? Mr. Sacks noted that they took the year 1978, change figures to to reflect what they expect in 1979 , this also included salary increases. It is also being recommended by R.W. Beck to change the existing "fuel adjustment charge" to an "energy adjustment charge" which will allow the adjustment to fluctuate according to changes in the costs of various fuels from month to month. Cost of Service study was not a part of this study but R.W. Beck recommends that one the department consider having such a study done, Mr. Sacks feels that the study can be done for about $25,000. This type of a study needs a lot of data and research to be completed. After further discussion Selectman DeLong moved that we accept the report of R.W. Beck and institute their recommendations maintaining our present base rate and changing the "fuel adjustment charge" to "energy adjustment charge" to reflect the charge passed on by our supplies and all other things relative. Seconded by Selectman Mahana. Voted 4 -0. Selectman DeLong noted that he would like commend Mr. Hall for a job well done in keeping Mansfield as one of the lowest for rates for all customer classifications within the State. -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 2, 19$0 Page 3 Board of Assessors - Al Turinese, Chairman introduced to the Board the firm that they have chosen, Appraisal Consultants of N.E., Corp. located in Raynham, Ma to do the revaluation work. Al noted that there will be two to thre tax payers will be notified through the they will be canvassing. Al noted that Consultants all checks were favorable. the Rhode Island area and all the towns were very satisfied with their work. months of data collecting and the press in advance of the areas that in checking the backgroundsof`N.E. They have just completed work in contacted reported back that they Selectman AVery questioned Al on what the modification to addenda 11 is ?. Al noted that it is simply that the Assessors, at their option, will use Appraisal,,Consultants of N.E. in full or in part or not at all in the maintenance and up- dating of their records in subsequent years following revaluation implementation. The Board thanked Al for introducing the revaluation team. Warrant: A warrant in the amount of $419,544.70 was read. This was approved on a motion by Selectman Mahana, seconded by Selectman DeLong. Voted 4 -0. A payroll warrant for the year's end, dated 12/31/79 was read in the amount of $43,132.38. This was approved on a motion by Selectman Mahana, seconded by Selectman DeLong. Voted 4 -0. A Revenue Sharing warrant in the amount of $33.75 was read. This was approved on a motion by Selectman DeLong, seconded by Selectman Mahana. Voted 4 -0. Clerk's Folder Renewals= - Class 3 - Clemmey, Inc. 390 West Street. Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. Class 2 - Clemmey, Inc. 390 West Street, Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. Class 2- Standard,Auto, 425 No. Main Street - Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro.. Voted 4-0. Lodging House License - Maurice Shiribner, No. Main STreet. Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. Common Victualler's License - The Fresh Catch, 212`Rumford Ave. Approved on a motion by SElectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. Common Victualler's License - House of Pizza, No. Main Street. Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0/ -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 2, 1980 Page 4 Correspondence Copy'ofla letter was noted from the Board of Assessors to Mr. Harold Mendoza, President of Appraisal Consultants of New England, Corp. informing them that they have been selected to perform the revaluation of the Town of Mansfield. A letter from the Conservation Commission was noted requesting that the Board issue a Constable Badge to Paul Boyden, since he receives most of the telephone calls for immediate on -site inspections. The Commission have voted unanimously to have this badge issued to him. Selectman Avery noted that Paul will have to submit an application to the Town Clerk before this can be acted upon. A letter to Paul will be sent advising him of this. A letter from SRPEDD to the Conservation Commission was noted.-in answer to their letter requesting a hydrological study of the proposed Ronald Bonvie subdivison in East Mansfield. The weekly police report of disturbances in local liquor establishments during the week was read. An application was noted from Elwyn B. Atherton, 1012 East Street, applying for the Historical Commission and Constable. Correspondence from the Office of Communities and Development was read regardjng Water Main Improvements and our request for-!$3,912,000 in funds from the Farmers Home Administration. However, information as to past,and present land use and a description of any known historic or archaeological properties in the project area will be needed. Selectman Avery advised that this be forwarded to the Historical Commission for the needed information. An application from Patricia C. Grant, applying to;be appointed a Constable was noted. A motion by Selectman Caponigro, seconded by Selectman DeLong was noted that Patricia C. Grant be appointed a Constable for the year 1980. Voted 4 -0. Town Manager's Report The bid for Wood Poles and Cables with the Light Department was opened on Friday, December 14, 1979• Responses were received from ten (10) companies. The lowest bidder on the wood poles was Forest Technical Sales of No. Billerica on the three types of poles being requested. Henricks Wire & Cable of Milford, N.H. were the lowest bidders on the 18,000 feet of cable heeded. A motion was made by Selectman DeLong, seconded by Selectman Mahana to accept the Town Manager's and Light Director's recommendation to go with the two lowers bidders, as noted above. Voted 4 -0. The Town Manager noted that this was all he had to report, other than to report on some of the questions discussed at the last meeting which he was not present for since he was on vacation. Board Reports Selectman DeLong questioned when the final meeting with the auditor's will be? 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