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HomeMy WebLinkAboutBOS MINUTES 1-9-1980BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A JANUARY 9, 1980 7:00 p.m. - Meeting opens to review correspondence 7:30 p.m. - Regular Meeting Opens Warrant Minutes - 1/02/80 Executive Minutes - 12/19/79 Clerk's Folder 7:45 p.m. - Jaycee's - Discuss Spring Clean-up 8:00 p.m. - Purchase Power Agreement JAMES HALL - MMWEC Correspondence Town Manager's Report Board Reports 9:00 p.m. - Joint Meeting with Planning Board, Conservation Commission and Board of Health Discussion on what the' - responsibility is of each board. BUDGET REVIEW PENDING ITEMS Traffic Lights at 140 & Forbes Water Rates Foxboro Mall Traffic Pattern Railroad Station Parking Downtown Traffic Pattern (February -6th Month trial ends) Recreational Facility Back Bay Brook (Work stopped until ) �VpR„v2 BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Present: Selectman Robert M. DeLong, Lyman C. Avery, Norman Mahana and Antonino Caponigro, Jr. Town Manager William P. Metropulos A quorum was reached at 7:00 p.m, and the meeting was officially opened. Correspondence was reviewed. The regular meeting was called to order at 7:30 p.m. A warrant in the amount of $140,089.12 was read. This was approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. A Revenue Sharing warrant in the amount of $20,243.24 was read. Selectman Avery questioned a Voucher for the Back Bay Brook payment and this was explained by the Town Manager. After explanation the warrant was approved on a motion by Selectman Mahan, seconded by Selectman Caponigro. Voted 4 -0. The minutes of January 2, 1980 were noted. These were approved on a motion by Selectman DeLong, seconded by Selectman Caponigro. Voted 4 -0. The Executive Minutes of December 12, 1979 were noted. These were approved on a motion by Selectman DeLong, seconded by Selectman Caponigro. Voted 4 -0. Selectman DeLong in referring back to the minutes of January 2, 1980 and the discussion about the house moving permits, he would like to have the Town Manager change the contract so that in the future it will be very clear as to who is responsible for all the expenses incurred in the moving of the house. Clerk's Folder Common Victualler's License - A motion was made to approved a CVL for Louie's Diner, Chauncy Street, by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. (Renewal) Selectman'Avery questioned how Louie's Diner is able to stay open and operate without the renewal and not be shut down. The renewal should be in before the firstof the year. It was noted that a short note should be sent to them, that in the future the license should be renewed before the year's end. James Hall - Mr. Hall met with the Board to discuss the need to contract for an additional 4,000. KW due to being 100 megawatts deficient for 1980. The only company that we do not have a contract with is Hartford Electic Light Company This will be fossil generated electricity, and Mr. Hall noted that he needs a vote of the Board to go ahead with this contract. Selectman DeLong moved that we accept the vote as presented by Mr. Hall (attached) seconded by Selectman Caponigro. Voted 4 -0. Correspondence A letter was noted from SRPEDD to the GATRA Advisory Board with a copy of the draft for a Trapnsportation Plan for the SRPEDD Region. CERTIFICATE I, the Secretary of the Municipal Light Board of the () (town) Of , Massachusetts, certify that at a meeting of the board held �, 19gQ, of which meeting all members of the board were duly no ified and at which a quorum was present and acting throughout, the following votes were unanimously passed, all of which appears in the official records of the board in my custody: VOTED: (1) that the (74AW (town) of Mansfield purchase from the Massachusetts Municipal Wholesale aElectric "MMWEC") Company ( electric energy and capacity in the amount of42000KW to be derived from entitlements of electric energy and capacity of The Hartford Electric Light Company and The Connecticut Light and Power Company in Middletown Unit No, 4 and Montville Unit No. 6, respectively; and (2) that the Manager, *s hereby authorized and directed to execute and deliver a "Power Purchase Agreement - 1979" dated November 1, 1979, with MMWEC providing for the aforesaid purchase, which agreement has been presented to this meeting and is filed with the permanent records of this meeting; and (3) 61•Lcl A < C that the Manager is hereby authorized and directed to take any other action he deems necessary and advisable to carry out the purpose of this vote. I further certify that the votes were taken at a meeting open to the public, that notice stating the place, date and time of the meeting was filed with (city) (town) Clerk and a copy thereof posted in the office of the (city) (town) at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the above votes were taken in executive session, and that the official record of the meeting was made available to the public promptly and remain so available to the public, all in accordance with G.L. c. 39, Section 23B, as amended. Dated: Secretary of the Municipal Light Board BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 ( Page 2 Correspondence Con't Copy of a letter from the DEQE, Paul Anderson, Regional Environmental Engineer in anwser to a letter from Owens - Illinois, Glass Containers Div. A list of programs programs planned by the Recreation Director for the month of January was noted. The Administrator's monthly report for December was noted from the Tourist center on I -95. It was noted that attendance had increased 21% overall since July. Letters from Stephen H. Quinn and Thomas M. Markt, recent appointees to the Finance Committee were noted advising the Board that they are Auxiliary Police who work very closely with the Police Department although they receive. no funding by it. The question they pose is whether or not being on the Finance Committee and working on the police budget would they be in conflict of interest. The Board requested that the Town Manager turn this over to Town Counsel for his opinion. An application was submitted by Paul. Boyden, a member of the Conservation Com- mission requesting to be appoai,nted as a Constable for Conservation Land. A motion was made by Selectman Mahana,sseconded by Selectman Caponigro to appoint Paul Boyden as a Special Constable for Conservation land— Voted 4 -0. A letter addressed to Chairman Avery from the Special Commission on Civil Service was noted with a questionnaire.:attached. The letter is advising the Board that a Special Commission is being established to study the Massachusetts civil service law amd merit systems of the Federal government and other jurisdictions :across the country. The Board has requested the Town Manager to complete this question- naire, and the Board will look it over before it is submitted. A list of articles for the Special Town Meeting to be held, January 21, 1980 were noted, There will be five (5) articles to be acted upon. An update from the 128 West Resource Recovery Council was noted. Stoughton is still considered the preferred site for locating the rubbish -to- energy facility. Plainville is the second, site being considered. A letter from the Fire Chief to the Board was noted. The Chief informed the Board that he has received verbal committment from the Governor's Highway Safety Bureau as to the awarding of a grant in the amount of $5000.00. This application was originally made in 1977 by Acting Chief Richard R. Bellavance and himself . The grant is funding assistance towards the purchase of a Class 1 ambulance. A letter from the Conservation Commission was noted in answer to the Town Manager's letter regarding the possibility of permitting the removal of fallen and dead trees from Town -owned lands. The answer to this request from the Conservation Commission is that they are against such a program for a number of reasons. Selectman Avery notdd that there are people out there cutting already. -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Page 3 t A letter of resignation was noted from Dave R. Devnew, resigning from the Conservation Commission effective immediately. A motion was made by Selectman Caponigro, to accept the resignation, and to send a letter of thanks to Dave, seconded by Selectman DeLong. Voted 4 -0. A letter was read from the Finance Committee expressing their displeasure in the Board not reappointing two incumbents to the Board, David Clemmey and Jeffrey Ptaschnik. Copy of a letter from James Hall to Justin Radio, Chief Engineer for the State regarding = street lighting for Route 140. The letter confirms that the Town will assume ownership and maintenance of the street lighting after completion. The lighting is to be installed by the State. A letter from the Historical Commission was noted requesting to meet with the Board at their convenience to discuss the purchase of three private cemeteries in Mansfield. A note was sent to them that this can be brought up at the bi monthly meeting scheduled for Wednesday,.February 6, 1980.. The weekly report from the police was noted regarding disturbances at local liquor establishments during the week. Copy of a letter from MMWEC to'Mr. James Hall was noted. The letter informs Mr. Hall that a savings of;$30,000 was realized from the purchase of 2,000 KW of Vermont Yankee during tthe period - April 1, 1979 through October 31, 1979. Selectman Mahana commended Mr. Hall for his purchase agreements of power and the savings to the Town. Jaycees- -- - - - - -- Paul Landod, Jaycee, met with the Selectmen to discuss the Jaycees Annual Town Clean up scheduled for April. This year there is concern over the new -rules and regulations of the landfill. The Board noted that they see no problem, but feel that he should 'meet with the Board of Health. Selectman Mahana asked Paul if it would';be possible to have the girl or boy scouts work with them and walk along the side of the roads picking up debris. Paul noted that in April, the President is proclaiming a week in April as "National Clean -Up Week ", and will have different-groups of people to go all over the Town cleaning out streams, lakes; etc. Selectman Mahana suggested that Paul get in touch with the Conservation Commission well before the program is underway. Paul noted that January 19 to 26th is being proclaimed as "National Jaycee Week" and this year they are planning an "Open House" at the Drop-In-Center on January 26th, and have invited the Town Manager and the Board to attend. Paul also requested that the Board proclaim the week of January 19 -to 26, 1980 Jaycee Week in Mansfield. A motion was made by Selectman Caponigro that a letter be sent to the Board of Health supporting the Jaycee's Spring Clean -Up Week in April for use of the landfill to dispose of rubbish other than hazardous chemical waste. Seconded by Selectman Mahana. Voted 4 -0. The Board also are proclaiming the week of January 19 through the 26th as "Jaycee Week in Mansfield ". -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 \ Page 4 Selectman Caponigro noted that he would like to commend the JayCees for all the work they have done over the past nine years since he has been on the Board. Town Manager's Report The monthly report of building construction was noted. Costruction costs for the month of December 1979 was $ 564,700. Total for the year is $20,026,710. On the Fairfield Project, an application for 100 units has been sent into HUD, negotiations with property owners in the area has begun and sewer applications are being prepared for the Board of Selectmen's approval. The six (6) month trial on the downtown one -way traffic pattern will be up on February 1. It is being recommended by the Downtown Advisory Committee that a public hearing be held for review and possible modification. Recommendations will then be made to the Board of Selectmen, any changes or abandonment of plan must be presented to the State DPW. On January 14th, the Downtown Advisory Committee will conduct a meeting with representatives from the Dept. of Community Affairs to review data on Downtown Revitalization Plans. Possible properties which would be'eligible are the Gloria Colombo site, the Ford Garage site on Rumford Ave and the Grain Mill. A new law makes low interest loans available for new construction and rehabilitation within the area designated for commercial rehabilitation. The ambulance has been re= licensed by the State Dept. of Public Health. Appraisal information is being requested for land in East Mansfield to be used for cover material for the landfill. A meeting has been scheduled for tomorrow night to review the Audit Draft, repre- sentatives from the FinCom, Accounting, Treasurer's office and Peat, Marwick & Mitchell will be present. The Town Manager noted that he is looking into a system to review the parking fee schedules and possibly do away with the first warning and change this to a fine . Notification has been received from the State DPW on work completed on Gilbert & West Sts. back in 1970,71 and 72. The bid for the Annual Town received from the Mansfield firms. The report is being are going to a one color co The Town Manager noted that wants to look it over more, Report was opened on January 8, 1980. One bid was Press, bid notifications were sent out to ten (10) cut down 20%, all photos are being cut out and they der and the bid still came in over What was budgeted. he is not making a recommendation tonight, that he and will have a recommendation for next week's meeting. The final report from Whitman & Howard on the Water Rate Study has been neceNwed, copies are on the desk in the Selectmen's conference room for their review. Board Reports Selectman DeLong noted that it was his assumption that we would wait until after the Town Meeting to institute the new water rates and this was agreed to by all the Board. -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Page 5 Selectman Mahana noted that he would like the Town Manager to check into whether or not the Crossing Guards can be sworn in as meter maids. Selectman Mahana would also like the Town Manager to check is see if the fire department is eligible for radio's through the LEA Fund. Selectman Mahana noted that he is still getting complaints on King St. that it has not been finished. The Town Manager will check this out in the morning, with Thom Bonome. Also he would like him to check and see who is digging trenches on land 'off of Fruit Street. Selectman Mahana would also like the Town Manager to check and see if off -peak metering is still available to residents and on the weekly report from the highway department on work done, he would Pike to see a monthly report on what they intend to do. Selectman Mahana up -dated the Board on the MBTA Lease agreement. Town Counsel met with the MBTA's legal Counsel, Winston Henry. The MBTA's lawyer is hoping for a tentative agreement in a couple of weeks and we are also waiting for a response from GATRA, the MBTA will be sending a representative to Mansfield to try and settle this. What Mansfield needs is new language , right now it is quite restrictive but without it we will not get any funding The MBTA right now is having a multitude of problems with financing and funding Selectman Mahana thanked Charlie for his insistence in this matter. Selectman Caponigro noted that he received the bill from Beggs for the work`;,i done on the West Mansfield Monument. There is $1100. in the bank books and the bill came in for $1950., $850. more is needed and he wondered if there were any funds available.for this. The Beautification Account 421 -O.was suggested. However, it was decided that Selectman Caponigro would talk to Mr. Beggs and see if he can reduce the bill. Selectman Avery noted that at last week's meeting it was brought.up by Selectman Caponigro that work was bieng done on the Hodges Pond and he was wondering who was doing the work. The Town Manager noted that this work is being done by J.P. Smith , that debris is being cleaned out of the pipes. The work has been okayed by the Conservation Commission, riff -raff work'is also being done, but the curbing is being done by the State. There is also extra concrete curbing and the Town Manager will find out who it belongs to, if they still want it. Selectman Avery noted that the Fire Chief raised a question on a revolving account for the ambulance and whether or not expenses for the ambulance can be paid out of this account. The Town Manger noted that this has passed in the legislature but it will have to go back to Town Meeting to vote on it again. Selectman Avery noted that there is a reference in the budget.on the AD HOC Com- mittee making a presentation at the Town Meeting and would like to have the presentation made to them before it goes to the Town Meeting. The Town Manager will write a letter, to them regarding this. Selectman Avery asked if we are any closer to settling a police contract and the Town Manager noted that he has asked for a meeting as soon as possible but has not heard fromthem. iI BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Page 6 Budget Review The Board continued with the budget review where it left off at last week's meeting until 9:00 p.m. when a joint meeting with the Planning Board, Conservation Commission and Board of Health. Joint Meeti The joint meeting was called to discuss what the procedure is for each Board so that eac{t Board can understand what its responsibility is in relation to the other Boards. The meeting was chaired by Marydee Flynn of the Planning Board. Marydee reviewed what the Planning Board does. The Planning Board reviews Form A plans, sub - division plans, site plans, pond and gravel operations and then under each there are specific rules and regulations that have to be followed. Selectman Caponigro noted that he is the one who brougFrup the idea of this meeting at one of the Selectmen's meetings when it came to his attention that a local contractor was being held up because his plan was not being approved and at the time there seem to be a question of what role the different'boards plan in the approval of such plans. Marydee noted that if she were a contractor she is sure that she would know what pros cess there is to follow. Selectman Avery asked a general question,t'i.s! there conflict between the Boards as to the building permit and wetland intrusion, and is everything working smoothly? Are we disorganized and uncoordinated in this approach? Conservation Commission - Jane Sheehan noted that when she read the article in the paper that Selectman Caponigro is referring to she did not think at;,that time that it really captured what Mr. Clemmey said and does not think it meant that he wanted to make any great changes. Jane noted that the big problem is that the rules put down by the State gives the Planning Board and the Conservation Com- mission a certain amount of time to act and it is just':the process of trying to get something done and sometimes by the time things get to them a great amount of money has been spent and this makes them out to be the bad guys when they say that this is not the right place to put a housing development but there are places in Town where it is not necessary to have to have a wetlands hearing. Paul Boyden noted that the developer is suppose to come to the Conservation Com- mission if wetlands are involved before he puts any equipment on the land and he should come to them before he goes to any other board.. Paul noted that three years ago a procedure was started to have a member of the Conservation Com- mission and the Board of Health go over the plans with the Planning board, the preliminary plans, and decide that night so that the developer would know where he stands. Doris Webb noted that sometimes they get people who want to build on a lot that they do not feel has enough land and they don't know what to do, whether to turn them down or send them back to the Planning Board. Chad Maurer noted that this was corrected at the last town meeting , a certain amount of land is needed and this is determined by the building inspector. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Page 7 Jane Sheehan noted that she does not feel that any work should be done before the preliminary pinas are approved. Planning 'Board Chad noted that as a matter of course, all plans are submitted to all town departments in the preliminary state, the Conservation Commission will decide if it will need their review , a problem that they had up to a year ago was that all other approval was needed before a wetlands hearing and this is where they ran into problems. The Conservation Commission would see a different view and would want changes, this is not required now and it makes things go faster. The Planning Board has 60 days in which to act on the preliminary definitive plans and to get an answer from all departments involved. Chad noted that he does not think that a sub - division would be approved in Mansfield without ap- proval from the Conservation because most of the sub - divisions breach a river or a swamp and will have to go before the Conservation. The Board of Health has 45 days after reviewing a sub - division plan in which to act on it, if the Planning Board receives no :recommendation in this time period they can just proceed, so no action is affirmative. The Mansfield Board of Health has no regulations regarding perk tests, all lots are perked when the plans are sub- mitted and perks can take 2 to 3 months, perk test are only used by the developer. j Karl Hartmann feels that there is no coordination between the boards and in some towns there is a town coordinator that works with all Boards. Chad feels that he does this, he is in the Town Hall during the day until five at night, and does help people out when they come in asking what procedures to follows. Chad also noted that the procedures for the Planning Board are over 25 years old, wetland:;procedures are relatively new and other towns handle their wetland hearings differently, the Board of Health do not have any set guidelines to follows, however, this has since changed a little since they have been following Title 5, and things aretstabl:iziing. Doris Webb feels that what Chad said is true, that he does help people out in directing them on what to do and what procedures to follow. Chad also noted that another problem is the members on the boards and committees and interpretation, but to follow the rules and regulations as written down, there is no problem. Board of Health - Fran Gasson noted that there seems to be among the Board of Health members a question as to what to do with wetlands and if they are in vio- lation if they send a piece of equipment out and start perking when it requires a wetlands hearing. Ed Tartufo, noted that he is not sure since he has been on the board, there has never been a clear set policy as far as this is concerned, he also feels that the developer should be told havto go about following a set procedure and he suggest that at the time someone put the Conservation Commission on notice that someone has filed for a perk test, this would give the ConCon time to goi -out and look the lot over before any work is done. l Ed questioned what the procedure would be for a single house lot, since this does not have to go before the Planning Board ? Ed was told that on single lots the first thing is to hire the engineer, have the perk test done and if within, 100 yards of water, then the Conservation Com mission should be notified. WA BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 9, 1980 Page 8 Fran Gasson noted that he would like to know what the proper procedure is if a person comes before the Planning Board to build on a piece of wetlands. Selectman Mahana asked Ed Tartufo if the Board of Health intended to set up new guidelines to follow. Ed replied that they have guidelines now but there is nothing as to what to do after the perk tests are done , this is why be sug- gest nofifying the ConCon that a perk test is requested. Paul Boyden' -then informed everyone of the Mass. General Laws pertaining to the Conservation Com- mission, Chapter 131 Section 40. Selectman Caponigro noted that since the new charter went into effect, the average person today buying a piece of land has been well protected and feels everyone serving on all the Boards and Committees in Mansfield have done a good job. Selectman AVery said that he hopes no;.one gets the impression that they are being critical, they were just interested and he still feels that coordination is needed and hopes that we can continue to cooperate the way we have been. Selectman Caponigro pointed out that in the Charter it is requested that the Chairman of all Boards and Committees attend the bi- monthly meetings that are held and at these meetings if there are problems they can be discussed. l Selectman Avery asked :if it would be of any benefit for the Chairmen of the three Boards to meet and go over some of the problems that were discussed tonight? This received no reply. In summing up the meeting, Town Counsel Charles Mulcahy said that what has been said tonight has been very beneficial, Chapter 40A Section 41 outlines the guide- lines that the Planning Board has to followed, Chapter 131, SEction 40 outlines the guidelines that the Conservation Commission has to follow: The Board of Health rules and regulations are very liberal and the Comm. of Mass allows the Board of Health to have their rules implemented by publishing them in the paper for one week before implementation. Perk test can be done without the Conservation Commission being involved and this can be done legally. Town Counsel feels that all Boards can work independently and need not change, only if there are problems should they try/ and meet to iron out the problems. Selectman Avery thanked everyone for coming . The Board continued with the meeting, working on the budget. The meeting adjourned at 11:15 p.m. ®'