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HomeMy WebLinkAboutBOS MINUTES 1-23-1980BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A January 23, 1980 7:00 p.m. - Meeting Opens for review of weekly correspondence 7:15 p.m. - Meeting with the FinCom on the transfer for the 106 Under pass Pump Warrant Minutes of January 16, 1980 7:45 P.m. - James Hall - Project 6 Power Sales Agreement to be voted on. 8:00 p.m. - CABLE T.V. HEARING Clerk's Folder Correspondence Town Manager's Report Board Reports Budget Review PENDING ITEMS Traffic Lights at 140 & Forbes Water Rates Foxboro Mall Traffic Pattern Railroad Station Parking Downtown Traffic Pattern Recreational Facility Back Bay Brook REMINDER - Candidates Night - tomorrow night - at the Town Hall BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, 1980 Present: Selectman Robert H. DeLong, Lyman C. Avery and Norman Mahana. Town Manager William P. Metropulos. (Selectman Antonino Caponigro arrived at 7:20 p.m.) The meeting opened at 7:00 p.m. a quorum was reached at 7:08 p.m. and the meeting was called to order at 7:15 P.M. to meet with the FInCom. The Board met with the FinCom to discuss the transfer of $4500. for the pump for the 106 underpass. This was a Capital Improvements item to be paid w -ith Revenue Sharing monies. The bid was opened last September 6, 1979 and a trans- fer put through at that time to the FinCom , however, as of this date, the transfer has not yet been approved. Joe Houghton, Chairman of the FinCom noted that one of the reasons was that this is the first time they have ever had a transfer request for a Revenue Sharing account and did not want to set a precedent of transfering monies from the general fund for capitaliji,mprove- ment items. Another problem noted Joe is that the revenue sharing account is going to be short and theyi'may not have enough' money for the remainder of the capital improvement items. The FinCom feels that there should be some- way of preventing the bids from coming in over bid and it was noted that this estimate for the pump was three years ago. Selectman Avery questioned the FinCom how they can prevent this and no one had the answer. Selectman DeLong suggest that before the "town warrant" goes to print we should call some of the sup- pliers and get an estimate or approximate price of what things are selling for. Another transfer will be sent to the FinCom for their approval. It was also noted that a contract has to be signed, that the Town Accountant has to sign it, and that without the transfer approval the Town Account will not sign it. Warrants A warrant in the amount of $187,699.18 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 "0. A Revenue Sharing warrant in the amount of $2,361.90 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. The minutes of January 16, 1980 were noted. Selectman AVery noted a correction was to be made on page 6, 3rd paragraph from the bottom- add the word "completed" in the last sentence to read: "the boys have completed work on some of the breaks ". Page 8- under Town Clerk's discussion, Selectman AVery questioned whether or not Arthur has submitted his resignation from the Computer Advisory Council, that before his request to be replaced is done a letter of resignation must be submitted by him. The minutes were then approved with corrections by SElectman Caponigro, seconded by Selectman Mahana. Voted 4 -0. Jim Hall - Mr. Hall met with the Board to request that as the Board of Light Com- missioners they vote to advance its proportionate share of funds for study and development activity for implementing sources of renewable energy under Project 6 Power Sales Agreement dated September 27, 1979. Mr. Hall noted that this -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, 1980 Page 2 project will research excess capacity through trash, wind and hydro ..power. The project has not yet been approved by the Dept. of Public Utilities and Mr. Hall noted that he has a meeting with the DPU tomorrow to testify. If Project 6 becomes a project we will be reimbursed 100% if not any money that we have expended will be lost. Selectman Mahana questioned Mr. Hall, if approved, how much power will it generate? Mr. Hall repled about 42 mega- watts. Selectman De Long then made a motion that the Board vote to provide Mansfield apportionAge share for the study and development activity for implementing sources or renewable energy, this funding to be financed from the Project 6 Power Sales Agreement dated September 27, 1979. Seconded by Selectman Caponigro. Voted 4 -0 (Official vote attached to original minutes) Clerk's Folder Common Victualler's License for Roscoe's Cafe, formerly, Lena's Sub Shop 293 No. Main Street. Approved on a motion by Selectman Mahana, seconded Selectman Caponigro. Voted 4-0. Live Entertainment - Mansfield Motor Inn dba Sheraton Motor Inn. Approved on a motion by Selectman Mahana, seconded by SElectman Caponigro. Voted 4 -0 Dancing by Patrons - Sheraton Motor Inn. Approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. Common Victualler's License - Lions Club, Krazy Race, May 31, 1980- 1 -day beer license. Approved on a motion by Selectman Mahana, seconded by Select- man Caponigro. Voted 4 -0. Common Victualler's License- Dinner Bell, 10 So. Main Street, approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 4 -0. The Board of Selectmen set a hearing date for a beer & wine license for Roscoe's Cafe to be held, Wednesday, February 13, 1980 at 8:00 p.m. Correspondence Applications for the Conservation Commission were noted from.the following: Paul F. Split - Beverley McConnell - Mildred Crowley - David C. White 170 Mill'St. 1810 West Street 135 Oak St. 280 School St. A proposal from Camp Dresser & McKee for the preparation of construction permits and application for treatment plant interceptor were noted and needed the signatures of the Board of Selectmen . If signed this document:: will constitute a contractual agreement. The proposal was signed by the Board and will be forwardedto Camp Dresser & McKee. -2- Attachment A i' PROJECT NO. 6 - RENEWABLE ENERGY ACTIVITY PARTICIPATION ACKNOWLEDGEMENT WHEREAS, the undersigned has entered into a "Project No. 6 Power Sales Agreement" with the Massachusetts Municipal Whole- sale Electric Company ( "MMWEC "), dated the 27th day of Septem- ber, 1979 (the "Power Sales Agreement "). The terms used herein shall be as defined in the Power Sales Agreement, unless a dif- ferent meaning is given; and WHEREAS, the Power Sales Agreement provides for, among other thin s, the funding of up to $5 million for the study and development activity for implementing sources of renewable energy ( "Renewable Energy Sources ") as more particularly de- scribed in Paragraph 2 of Exhibit B to the Power Sales Agreement ( "Renewable Energy Activity "); and WHEREAS, MMWEC members have certain preference rights ,to electric capacity and energy generated by, contracted for or owned by MMWEC, as more particularly described in Article I, Sec't'ion 5 of the By -Laws of.MMWEC, as amended; and WHEREAS, all Participants in Project No. 6, who are members of MMWEC, have, in Section 1(f)(10) of the Power Sales Agree- ment, waived their preference rights to the purchase of electric capacity and energy from Renewable Energy Sources, and MMWEC is using its best efforts to obtain similar waivers from members who are not Participants, or agreements with such members for the advancement of funds for Renewable Energy Activity; and WHEREAS, the MMWEC Board of Directors has approved a plan for the allocation of preference rights among Participants in Project No. 6 and MMWEC Members who, although not Participants in Project No. 6, advance funds in accordance with Section 1(f)(10) of the Power Sales Agreement, to purchase capacity and energy generated by Renewable Energy Sources ( "Formulated Prefer- ence Rights Plan "); and WHEREAS, the MMWEC Board of Directors and the undersigned have determined that it would be in the best interest of Partici- pants and MMWEC members to implement Renewable Energy Activity prior to funds being available for such purposes from Project No. 6 financing; and WHEREAS, such implementation, prior to Project No. 6 financ- ing, is to be funded by cash advances from Project No. 6 Partic- ipants and non - Participant MMWEC members, who agree to advance funds; and -2- WHEREAS, the undersigned will continue to have its share billed and /or advanced from available Project No. 6 monies for Renewable Energy Activity, up to and including the time of the earliest of the following events: (i) power sales agreements are executed which supersede the Renewable Energy Activity; or (ii) Renewable Energy Activity is terminated by the MMWEC Board of Directors. NOW, THEREFORE, it is agreed: (1) That the undersigned Participant agrees with and accepts the Formulated Preference Rights Plan, as approved by the MMWEC Board of Directors, for the purchase of capacity and energy generated by Renewable Energy Sources; and (2) That the undersigned Participant agrees to advance its proportionate share of funds for Renewable Energy Activity, based on the Formulated Preference Rights Plan, prior to financ- ing for Project No. 6; and (3) That the undersigned Participant shall be reimbursed, after Project No. 6 is financed, funds advanced for Renewable Energy Activity up to a maximum equal to its share of Project No. 6 financing allocated to such purpose; and (4) That the undersigned Participant agrees to continue to contribute, after Project No. 6 financing, any required funds, in accordance with the Formulated Preference Rights Plan, over and above its share of monies derived from Project No. 6 financing for such purpose. IN WITNESS WHEREOF, the undersigned has caused this instru- ment to be signed by its duly, authorized officer as of this 23 rd day of January , 1980. TOWN OF MANSFIELD By: Municipal Light Dept, Director By: _A /G�- Manager of he Attachment B CERTIFICATE I, the Secretary of the Municipal light Board of the (01*y) (town) Massachusetts, certify that at a meeting of the board 196-1; of which meeting all members of the board were :h 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 :4y =) (town) ofi / /dot - agrees to advance its proportionate share of un s or study and development activity for implementing sources of renewable energy as more particularly described in Paragraph 2 of Appendix B to the Massachusetts Municipal Wholesale Electric y Company ( "MMWEC") Project No. 6 Power Sales Agreement dated as of the 27th day of September 1979 ( "Renewable Energy Activity ") prior to financing Project No. 6 and to continue to contribute after financing any required funding over and above its share of monies derived from Project No. 6 financing for such purpose; and (2) that the Formulated Preference Rights Plan and the Participation Acknowledgement, copies of which have been presented to this meeting and are filed with the permanent records of this meeting, are hereby agreed to and accepted; and (3) that the Manager is hereby authorized and directed to execute and deliver a Participation Acknowledgement with MMWEC providing for the aforesaid Renewable Energy Activity; and (4) 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 the (,c -t* ) (town) clerk and a copy thereof posted in the office of the (ei+y) (town) clerk or on the principal official bulletin board of the (elt-y) ( (town) at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to such meeting and remained so posted at the time of the i -2- meeting; that no deliberations or decision in connection with the above votes were taken in private or executive session; and that the official record of the meeting was made available to the public promptly and will remain so available to the public, all in accordance with G.L. c. 39, Section 23B, as amended. Dated: January 23. 1980 Secretary o f the Municipal Light p oard BOARD'W SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, 1980 ( Page 3 A notice from the Farmer's Home Administration was read; advising us that our application in the,amountof 3.9 million has been received and that we are eligi- ble for that amount in a loan and not a grant. Notice was read of a Public Hearing to be held on Monday, February 4, at the Town Hall on the downtown one-way traffic pattern implemented by the Board of Selectmen on August 1, 1979. The weekly police report was noted, with a report of one disturbance during the week. An invitation was noted from Town Clerk, Arthur Remillard, inviting the Board to a ribbon cutting ceremony on Monday, January 28, 10:30 P.M. at the Thrifty- Boutique, 112 No. Main Street. Selectman Caponigro will attend. A notice was read from the Special Commission on Civil Service requesting that a questionnaire sent to us to be completed be returned to them by January 29, 1980. The Town Manager noted that he has this almost complete. Copy of a letter from Town Counsel to Ken Parsons, Chairman of the Planning Board was noted. The letter is an opinion from Town Counsel on the Subdivsion Plans of Day and Blandori. ( A transfer request in the amount of $245.00 for damage done to Marciano's Sporting Goods store during the Blizzard of 1978 was noted:. Selectman DELong moved we ;submit this as an article for the Town Meeting , seconded by Selectman Mahana. Voted 4-0. Cable T.V. Hearin Southeastern Mass. Cable TV Inc. put an application in for a request for a new license to operate Cable TV in the Town of Mansfield. Upon receipt of an ap- plication the Licensing Authority in the Town has 60 days in which to act either by advertising that a hearing willlbe held or refuse to go hbad!with the preliminary process. The Board of Selectmen did decide to go hhead and hold the hearing which was advertised -- twice as requested in the local paper, for January 23, 1980 at 8:00 P.M. The hearing was declared opened by Chairman Avery, with the reading of the Commissions Rules for Cable Franchising in Massachusetts. Mr. Allen Flaherty of Southeastern Mass. Cable TV opened the hearing with a review for the Board and audience via a Cable TV hook -up in the meeting room. After re- viewing the program he noted that basically showed the programming that they can provide. After reviewing the program Mr. Flaherty passed out a sheet which outlined the kind of programming which would be made mailable in this area. See attached sheet 3A for transcript -3- CABLE TV HEARING January 23, 19$0 The process would start by construction of the headend where all the signals would be received and processed and then extend the trunk cable from the head - end and after they had a few miles of trunk cable they would start to market the service in an area,closest to the headend location. They would have direct mail and other techni.questo let the people know that they are available for service and they would try to sign some of them up. While they are signing some people up, the construction process is continuing and at the time they finish marketing one small area, several hundred homes they would have another area ready to market, it would go this step wise fashion throughout the area. Selectman Avery asked Mr. Flaherty if he could give some idea of the installation cost, the cost per month and the cost if someone wanted the movie program? Mr. Flaherty replied that the movie program would cost about $7.95 plus the $7.95 service for the cable hook -up and $2.00 converter charge, so a compre- hensive service would be approximately $17.90 per month following a $25.00 installation fee at the beginning. Those are standard rates noted Mr. Flaherty and it is their custom to offer charter rates which amount tO maybe $2 or $3 less per month on the total for those who sign up with the service during the initial marketing period, and very often they will reduce the installation charge because this is a competative situation and there will be other appli- cations filed. So it is $9•'95 per month for all the channels that were listed on the list that was passed out. Selectman Avery questioned if the Advisory Committee is mandatory now. Mr. Flahert replied that it is permissive, it is not required. Sandra Levine questioned if the headend would be set up in Mansfield? Mr. Flaherty repliedthat it will be set up in either Attleboro or No. Attleboro. David May questioned if their would be any cost to the Town of Mansfield? Mr. Flaherty replied, none at all. The Town will receive 5N per subscriber and we will get a very small amount of personal property tax for the cable hang;i.ng on the poles. Selectman Mahana questioned what happens if a house has to be moved? Mr. Flaherty repliedthat they take care of this, and there is no charge for disconnecting. James Jerome Coogan an Attorney from Attleboro noted that he was here this - evening representing Continental Cablevision, that he does not have a presentation for the Board and in substance he thinks that the remarks made by Mr. Flaherty are similar to what he would say. That his client may very well be interested in filing an application with Mansfield it is not positive there are some circumstances that perhaps would :indicate that they would not in the event that they are not successful in other communities that they have to file applications. The problem of Mansfield alone is that it-would not successfully in their view support the kind of equipment and materials that would have to go into establishing a cable television service. He did leave a couple of brochure from -his client that he requested the board -- review. Attorney Coogan does feel that it is very important that an Advisory Cable Committee be appointed to review the applications. John P. Pollis representing Rollins TV. noted that Rollins would be filing an application, and will be filing in Attleboro, No. Attleboro, Norton, Plainville and Mansfield. :L►eL BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, -1980 Page 4 The Cable T.V. Hearing was declared closed at 8;45 p.m, on a motion by Select- man Caponigro, seconded by Selectman Mahana. Voted 4 -0. Selectman Caponigro moved that a Cable Advisory Committee will be appointed on February 6, 1980, seconded by Selectman Mahana. Voted 4 -0. Selectman Caponigro also moved that the Board appoint an Arts Council on February 6, 1980, seconded by Selectman Mahana. Voted 4 -0. Correspondence continued- A letter was noted from GATRA that Mansfield is being considered for the $110,000 grant under their Capital Improvements budget, Selectman Mahana noted that all we have to do now is get the agreement from the MBTA. The letter from GATRA also indicated that Mansfield will be responsible for the engineering and construcflon:.of`the parking lots also we will be responsible for the on -going maintenance of these lots. Selectman Caponigro noted that right now the town does not have the money and it has been quite awhile since we have had the services of SRPEDD and moved that we contact SRPEDD immediately and ask them for their help in researching this and to give COMPARK, and the town forces all the help that is needed. Seconded by Selectman Mahana. Voted 4 -0. A drainage case that has been pending with the town for sometime and finally settled was discussed. The case was Mary McClurg and land that she owns on Stearns Ave in Easton. Selectman Caponigro noted that this is the second time a drainage problem suit has come before them without their being Wormed of the work and feels that frolA now on any case that involves drainage should come before the Board first, before any work is started. A transfer request for a Court Award in the amount of $875. to Mary McClurg was approved on a motion by Selectman Caponigro, seconded by Selectman Mahana. Voted 4-0. The Annual Report from the Bristol County Mosquito Control Project was noted. In the report they note that they have two tractor- trenchers for the cleaning of ditches and streams of debris. These machines are available to cities and towns for this type of work upon request. Selectman Avery suggest that between the Conservation Commission and Town Manager this should be looked into. Copy of a letter from the Town Clerk was noted that he sent to late applicants applying for Common Victualler Licenses, that in the future without this license they will not be allowed to open. Copy of a letter from the Town Counsel to Chief Lawrence D'Afile was noted on the Decision by the Labor Relations Commission in a complaint case against the Town. Copy of a letter from Jame The letter advises the DPU Manager and himself firmly the needs of our community jeopardize the power supply generation. Hall to the Department of Public Utilities was noted. that the Board of Light /Commissioners, the Town believe that participating in Project #6 is one of and any more delays in the Seabrook Project would of the Town of MANSFIELD for much - needed base load -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, 1980 t Page 5 Selectman Mahana left the meeting: at this time — 9:00 p.m. to attend a transportation meeting in Foxboro. Town Manager's Report The Town Manager noted that regarding the complaint last week of debris on School St., he contacted the State and was told that they are not finished with work in that area yet. The Town Manager noted that he, Chad Maurer and Joan Cutillo went into Boston today and met with Camp Dresser and the Harbor National Bank to discuss the bonding issues on the Library, WWTP and the Storage /Maintenance Building. The question on whether the Crossing Guards can be sworn in as Meter Maids for the commuter parking lots is no problem , and also the revolving account- for the commuter rail is no problem and can be set up. A call was received from Representative Lombardi today that Secretary of Transportation Locke will ".be in Attleboro on Saturday, February 2 at 8:00 a.m. to brief GATRA and other interested officials on State planning for commuter rail and local transportation services. Parking restrictions on the West side of No. Main St. for 2 -hr parking from ( West St. to Thomas St. was approved back in 1976 and the signs will be installed immediately. The Town Manager presented to the Board a copy of the new rules and regulations pertaining to the moving of buildings in the Town of Mansfield. The Board ap- proved the draft except for one paragraph that was very confusing and will be rewritten by the Town Manager. A question of charging a fee was also discussed. A motion was made by Selectman Caponigro that a fee of $25.00 be charged for the moving of buildings if this amount is acceptable and within the statues. Seconded by Selectman DeLong. Voted 3 -0 (Selectman Mahana not present) Board Reports Selectman DeLong requested that the Town Manager find out how many employees have come and gone over the past five years. Selectman Caponigro noted that Mr. Beggs has informed him that he wants payment on the full amount of the bill and will not reduce it by $200. (this is for the West Mansfield monument). A motion was then made by Selectman Caponigro that the $200. be taken from the Alice I. Cobb fund, seconded by Selectman DeLong. Voted 3 -0 Selectman Caponigro then noted that he will solicit donations to have the improvements done and to add the names of the Town of Mansfield and others who have donated to the monument. He also added that one of the firms who donated and not acknowledge was Acorn Mfg. Co. who donated $100 towards the monument. Selectman Caponigro noted that over the past 6 or 7 years one of the things that has been taken lightly is the direct order under the Charter that the bi- monthly meetings of boards, committees and commissions be attended by the Chairmen of those committees , also the policy that if a member misses four (4) meetings BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 23, 1980 Page 6 without good cause he should resign on his own and not have to be asked by the board or committee. These are the things Selectman Caponigro noted that can be discussed at the bi- monthly meetings and any other problems that boards, or committees may be having. Selectman Caponigro then noted that a letter be sent to the Lion's Club thanking them for their work in helping to donate a police cruiser to the Auxiliary Police. Selectman Mahana questioned if the revolving fund for the railroad parking has to go to Town Meeting and he was informed that it does. Selectman Mahana questioned if there was any money available to spruce up the East Mansfield Common . Selectman Mahana requested that the Town Manager look in a stamp machine for the meter maids to use at the parking lot. Also, to survey the Industrial Parks to see if the companies located inthem would be interested in a shuttle bus to and from the rairoad station. Selectman Avery noted that he would like to see an article in the Town Meeting reducing the quorum from 200 to 50. A motion was then made by Selectman Caponigro to submit an article in the Annual Town Meeting to lower the quorum to 50. Seconded by Selectman DeLong. Voted 3-0. Another article to be submitted forithe Town Meeting as moved by Selectman Caponigro is to raise the bid limit to $2000. from $1000. Seconded by Selectman DeLong. Voted 3 -0. Selectman DeLong moved that the article for the selling of Garden ST. to the abuttors be withdrawn, seconded by Selectman Caponigro. Voted 3 -0. Selectman Caponigro noted that he has a lead on the missing cemetery that he will pass on to the Historical Commission. The Board then went to work on the Budget, adjourning at 11:00 p.m.