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HomeMy WebLinkAboutBOS MINUTES 10-22-1980BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A OCTOBER 22, 1980 1. 7:00 P.M. Correspondence Review 2. 7:30 P.M. Call to Order 3. Minutes of October 15, 1980 4. Warrants 5. Correspondence 6. 7:50 P.M. Armand Brunelle - Presentation of Service Plaque 7. Clerk's Folder 8. Public Hearing - Karl Clemmey Underground Storage 9. 8:30 P.M. A. Terenzi 10. Old Business Town Manager's Report 1. Water Ban 2. Planning Director Appointment 11. New Business 1. Endorsement of Chapter 90 Contract 12. Adjournment NOTE: * **SLUDGE STUDY HEARING - NEXT WEEK Bristol County Agricultural H.S. Fall Show Oct. 23- 8:00p.m. BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 PRESENT: Chairman Mahana, Selectmen DeLong, Avery, May(Selectman Levine arrived at 7:50 P.M.), Town Manager Chadwick Maurer. Meeting opened at 7:30 P.M. with Call to Order. MINUTES of October 15, 1980 Selectman DeLong noted that on the first page under Minutes of October 8th, the word Police should be changed to Firemen's. Also on page 4, paragraph 4, motion by Selectman Levine, VOTED: 2 -2 with Levine and DeLong in favor. Selectman Avery requested a clarification of the motion to repair Town Hall Roof on Page 4. Motion to read: To authorize Town Manager to have Tony Caponigro supervise the repair of the leaks in Town Hall roof. Total cost of repairs not to exceed $1,000, with the condition that Town Counsel reviews motion with Town Manager. Motion to accept corrections as noted: Avery /May, 4 -0. Motion to accept Minutes of October 15 as corrected, May /Avery - 4 -0. Warrants #45 Town Payroll and expenses /$210,811.09, approved Avery /DeLong, 3 -1 with Selectman * May abstaining. * #46 School Payroll and expenses /$240,346.40, approved May /Avery, 4 -0. * #44 Revenue Sharing /$1,080 /Avery /May, 4 -0. * #43 School Expenses /$78,252.66 approved May /Avery, 4 -0. Correspondence Copy of letter Millhaus Manager issued to tenants re: water conservation. Chairman Mahana requests a letter be sent to Millhaus Manager in thanks for circulating letter on water conservation. Selectman Avery of appreciation be sent to Millhaus and those industries who are making an effort to conserve water. Memo to Board of street light request from Edmund Westhaver of 80 Winter Street to be installed near his driveway. Memo from Light Department attached recommending installation of two light on poles #8 $ 10. * MOTION: To approve installation, May /Avery, 4 -0. DPW Service request report for week of 10/14 - 10/17. Letter from Norton - Mansfield League of Women Voters RE: Candidates' Night in Sharon on Oct. 27 at 8 p.m. Copy of letter from Department of Revenue to Board of Assessors RE: procedures for implementing classification for F/Y 1982. -1- BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 Page 2 Letter from Jon -Jay Associates RE: administration of unemployment compensation. Copy of letter from Town Manager to U.S. EPA RE: response to violations at Wastewater Treatment Plant, reporting that corrective actions have been taken. Armand Brunelle /presented plaque for 3S years of service to Town. Letter from Council on Aging requesting postponement of appointment to vacancy until November 12. Letter from Senator Locke to Dean P. Amidon objecting to opening of 495 to Rte.140. Letter from MMWEC RE: Dam Inspection for Hydroelectric Development Comm. of Mass. notice of Bristol County tax apportioned for F /Y80 -81 in the amount of $$6,139,230.53, Mansfield's assessment /^$234,572.46. Letter from Mayor of New Orleans requesting a proclamation of November 23 -30 as Bible Week. 8:00 P.M. Karl Clemmey Public Hearing for Underground Storage of gasoline and fuel oil Published notice of hearing read by Clerk May. Letter from Fire Chief advising that license be issued subject to final inspection by fire chief as this license was previously granted but never issued, for the storage of 5,000 gallons of #2 fuel oil. Chairman Mahana asked for questions or comments from floor. Hearing none, Mr. Clemmey spoke in his behalf. He noted that in 1977 he received a permit from the then Chief Cye Bellevance. He wishes to update the application filed in April of 1976 which was approved but no license issued. This license for existing storage. MOTION: To approve issuance of license for previously inspected storage of 5,000 x gallons of fuel, Avery /May, VOTED: 5 -0. Application for underground storage of 80,000 gallons of oil and 70,000 gallons of gasoline, storage area to be leased. Lyman Avery asked for explanation. Karl Clemmey explained that the federal government allows extra allocations to be stored in case of shortage. Selectman May asked if there were any zoning regulations for this area. Selectman Avery asked how many feet back from building tanks would be set. Air. Clemmey presented plans. x MOTION: To approve license with the condition that Fire Chief conducts inspection after property has been rented /Avery /May, VOTED: 5-0. Hearing closed : 8:16 P.M. -2- BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 Page 3 Correspondence(continued) Letter from Community Antenna Television Commission RE: advisory for towns proposing regional cable systems. Letter from Community Antenna Television in response to CATV letter of October 7 regarding the application of Black Hawk Cable Communications. State advises that new deadline for applications should be set and readvertized. Selectman DeLong suggests that Town Counsel give opinion if there is a dispute on State ruling. Communication from Mass. Municipal Assoc. concerning Proposition 211-i. Letter to Doris Webb, ConCom from Town Counsel relative to Kelton 0. Potter. Application for Airport Commission from Allen Willis, Jr. Cooperative Extension Service brochure IMPACTS OF PROPOSITION 2-,. Hazardous Waste Journal Clerk's Folder Renew Application for Mansfield House license for public entertainment on Sundays for pool table. MOTION: To approve, Avery /May, VOTED: 5 -0. Notice to abuttors of public hearing on New England Telephone petition to be held November 5, 1980, at 7:45 P.M. Selectmen's Meeting Room. Arthur Terenzi Mr.Terenzi advised the Board of an abandoned water pipe beneath his driveway which was installed by the Town and has been in use for the past 70 years. Mr. Terenzi requests that the pipe be removed and his driveway repaved to safeguard against any possible deterioration of pipe and future settlement of driveway. Former Town Manager reportedly told Mr. Terenzi he thought the cost of this would be included in the Back Bay Brook Project. However, Town Manager Maurer sent letter to Mr. Terenzi stating that the town leaves many buried pipes and in his opinion it was not necessary that this one be removed. Selectman DeLong feels torn should be obligatied to maintain pipe since we installed it. If pipe collapses in the future, we should give Mr. Terenzi some assurance that town will repair. Selectman Avery suggested Town Counsel be contacted to find out what kind of arrangements can be made to safeguard Mr. Terenzi from having to pay for future deterioration of the pipe. Chairman Mahana asked Tom Bonome, DPW Director, to comment. Tom stated in his opinion pipe was still in tact. However, it was not included in the Back Bay Brook Project. He feels perhaps it should be removed by town, but money was not appropriated. Chairman Mahana suggests that Town Counsel be asked to render legal opinion on what the town's responsibilities are, and if there are none, to see if a written agreement between the town and Mr. Terenzi would be appropriate.for any future damage or settling. Selectman May asked Mr. Terenzi if it would be acceptable to him if the town should remove pipe and supply fill, with Mr. Terenzi doing the paving. Mr. Terenzi insists town should be responsible for all costs including paving. -3- BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 Page 4 x MOTION: Board of Selectmen to check with Town Counsel to see what town's responsibilities are at present time and at any future time. May /Levine VOTE: 5 -0 Town Manager's Report Planning Director's Appointment -Paul Folkman of Cleveland Heights, Ohio has been appointed and verbally accepted position to become effective November 3, 1980. He was previously employed by the town of Shelburne, VT, giving him experience compatible to what we are looking for in Mansfield. Salary and Conditions - Starting rate of $17,000 a year for first six months, subject to a successful performance evaluation, after six months will be given a $500 increase. Letter of agreement sent outlining necessity of attendance at Planning Board meetings and Capital Improvement meetings. Residency requirement is included in letter of agreement. Water Situation - At last weeks meeting a discussion was held concerning having a meeting with industrial users. Town Manager reported that the meeting was held by him Monday morning. He explained to industrial users that the town was making an effort to upgrade the water system, but that nature is working against us at the present time. He asked that industry try to reduce water consumption by 20 %. Town Manager explained that although industry was voluntarily cutting back consumption, one of the reasons was because they have wastewater to treat which is becoming very expensive. In reply to a question from Selectman Levine, Town Manager reported that the Chocolate Factory(Nabisco) will be doing something to conserve. Schools have been contacted to conserve water where possible and Town Manager will be showing a water conservation movie and handing out flyers on water conservation methods for residents. Town Manager reported the steps we are working on now are to get more water. Whitman $ Howard recommends that we go to the State for approval to tie the test well back into the system, either the Ash property or the two sites in Maple Park. We have cost estimates for putting the one well back into Maple Park site. To install the system back into the ground would cost $5,000. Town Manager asked Whitman $ Howard for cost of installing the permanent gravel packed well in Maple Park and they came up with an estimate of approximately $40,000. Whitman $ Howard is in the process of contacting at least three different companies that install this to get a price. One firm contacted could start this Friday. Town Manager noted we could do this providing the State will give us approval while this is being constructed to consider this well as a test well since the formal hearing for that well will not be held until the 12th of November. It will take one month either way to get into operation. The State will be out tomorrow for approval of installation of permanent well before holding the public hearing. We have to check with FmHA to see that all the work we do on this emergency well is done in accordance with their guidelines. Town Manager reportes that Town Counsel fells because of the emergency situation, we could waive bidding procedure on the project and accept informal quotes. Town -4- BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 Page 5 Manager talked with property owner about a written agreement for town to install well on his property before town acquires site. The law states that the property cannot be acquired before a public hearing is held. Town Manager recommends that the monies be taken from the test well program. It will then be replaced with the FmHA monies. Town Manager reports that the hearing held last week on the borrowing for 40 years for the water project requires a Town Meeting vote for this. Emergency Finance Board told Town Manager last week we could borrow in anticipation. Town Manager recommends a vote from the Board of Selectmen on this particular project to waive the bidding requirements because of the emergency situation declared by act of the water ban, and have Whitman $ Howard obtain comparative quotes. Town Manager reports the cost to rent a pump for the installation is $500 and $450 per month with a three month guarantee. Water mains must be installed from East Street up through the well. The installation of the power line underground would be the third cost. Electric Department will contribute installation. We would pay cost of labor. Selectman May noted that if FmHA does not approve project, then we will be $40,000 short on the well exploration program. Town Manager explained that all necessary procedures for FmHA were being followed and that Equal Opportunity /Affirmative Action data will be submitted along with the comparative quotes to FmHA. x MOTION: That Board of Selectmen waive bidding requirements because of water emergency and go with comparative quotes. DeLong /May - VOTED 5 -0. Town Manager commented that following this installation, town could go in and hook up Ash property. Again we would be pumping 24 hours a day because of the 8" pipe. Ash has to be above ground. We could tie together Mill Street running through swamp to tie in and running 24 hours per day. If the Reservoir drops, we would be running the risk of fire protection. Selectman Levine requests Town Manager to check why there are sudden noticeable drops in the Oxford Reservoir. Bristol County Mosquito Control - Town Manager reports they have completed all work they intend to do on Ware Street. There is a 7" drop from Ware Street to Canoe River. Therefore, they did some work from either end, leaving a strip untouched which they felt was not necessary to clean. Police Contract - Has not been signed because attorney for the Union was the one to prepare contract and has not forwarded a copy of the contract to Paul Kenney for review. Town Hall Roof- Town Counsel's opinion that Tony Caponigro cannot perform repairs with his company receiving compensation, however, Tony Caponigro would like to supervise whoever does the work with no charge to town for his services. He suggests the people that work for him should do the work but Town will pay workers directly rather than through Tony Caponigro. Town Counsel agrees to this suggestion. 1612 BOARD OF SELECTMEN MINUTES OF THE MEETING OCTOBER 22, 1980 Page 6 NEW BUSINESS - Town Manager asked for Board's endorsement of contracts for Chapter 90 funds for roadwork in Mansfield for $38,362 and $21,217. He reported that a total of $263,161 is committed to Mansfield for roadwork including these two items. He also noted that we should have been putting an Article in Town Meeting Warrant to borrow in anticipation of this money. * MOTION: To endorse the two DPW contracts for Chapter 90 funds as outlined and presented by Town Manager. DeLong /Avery - VOTED: S -0. MOTION: To hold hearing for dog complaints on four separate incidents as outlined * by dog officer, Nov. 5, 8:00 P.M. DeLong /Avery - VOTED: 5 -0. Request for permit for Cabot, Cabot, and Forbes to install sewer line under Rte. 495. State installed sleeve and they need permit to connect to sleeve. Toro will forward application to State. RTE. 106 Traffic Lights Town Manager reported that when the State approved traffic lights at Rte. 106 they also gave permission for those at Forbes Blvd. and 106. Meeting with them next webk to see if we can expedite installation. Town will have to pay for the installation of the lights and we will be reimbursed. For the lights at 106 and Forbes, Town Manager reports that one industry said that they would put up money to move it along. Another industry offered to pay for the police during rush hour at 106 and Forbes Blvd. BOARD REPORTS Selectman DeLong noted that since discussing the Town Planner's appointment, he was having second thoughts on the residency requirements. He feels if each appoint- ment is taken on an individual basis as previously specified, this will discriminate against those at the lower end of the economic ladder. x MOTION: That the residency requirement be rescinded. DeLong /Avery - 4 -1 with May opposed. Selectman Avery commented that lie has never been in favor of the residency requirement. Selectman May feels there are certain employees that should live in town, such as management. Selectman Levine asked if the two Selectmen on the Capital Improvements Committee were to vote as Board representatives or as individuals. Selectman Avery advised to vote as individual citizens representing themselves. Selectman DeLong feels that the Capital Improvements Committee should be aware of any compromises between Town manager and Finance Committee. There being no further business, the meeting was adjourned at 10:30 P.M. Avery /May, 5-0. -6-