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HomeMy WebLinkAboutBOS MINUTES 1-3-1979BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A January 3, 1979 7:30 p.m. - Call to Order Warrants Clerk's Folder: Common Victualler's License The Fresh Catch Lodging House License James J. McLaughlin Jack's Cafe - Weekday Music Machine " " - Weekday amusement Correspondence 8:00 p.m. - Community Developement Hearing 1979 Application 8:05 P.M. Town Counsel Charles Mulcahy 9:00 P.M. Downtown Advisory Committee Traffic Pattern for downtown Town Manager's Report Board Reports Pending!!!!!!!!!!!!! Traffic Lights - Bid has been awarded Board Policy Emergency Policy Sanitary Landfill Airport Boiler - out for bid on 1/11/78 Job Classification Back Bay Brook - Phase 3 Airport Lease Tour of Nabisco Plant is this coming Tuesday, 1/9/79 at 1:30 p.m. Warrant for Annual Town Meeting to be closed February 1, 1979• BOARD OF SELECTMEN /LIGHT COM14ISSIONERS Minutes of the Meeting January 3, 1979 Present: Selectmen Lyman C. Avery, Frank Colella, Robert M. DeLong , and David Clemmey. Town Manager William P. Metropulos. Selectman Antonino Caponigro, Jr. arrived late. T he meeting was called to order at 7:33 p.m. Fred Rys, Chairman of the Conservation Commission met with the Selectmen and informed that the Selectmen that the final payment from the State has been received in the amount of $25,000. This totals $95,000. that the Town has received from state funding for purchase of the Sweet property. The weekly warrant in the amount of $530,620.79 was reed. This was accepted on a motion by Selectman Clemmey, seconded by Selectman Avery. Voted 4 -0. Correspondence A letter from the Commonwealth of Massachusetts, Department of DEQE was noted with notification that a meeting is to be held at the Lakeville Hospital on Thursday, January 4, 1979 at 2:00 p.m. This meeting will be held on the matter of the proposed permanent adoption of revisions to the sulfur -in -fule require- ments which were previously adopted for a demonstration period ending July 1, 1979. A report from the Police Department was noted with report that there was one disturbance during the week at Jack's Cafe. An application was noted from Henry J. Black, 29 Black Pond Rd. applying for the Municipal Building Committee. A letter was noted from the Commonwealth of .Mass Office of Communities and Develop- ment signed by William G. Flynn, Secretary. Mr. Flynn is asking the Selectmen to support Secretary- designate Byron Matthews as they supported him. A letter from the Mansfield Fire Department was noted inviting the Selectmen to the Fire Department's 88th Annual Ball to be held on January 20, 1979 at the Lakeview Ballroom in Foxboro. A notice from SRPEDD waa read with notification that a meeting of the Joint Trans- portation Committee will be on Wednesday, January 10, 1979 in Raynham, Mass. Copy of this will be forwarded to Elwyn Atherton, Representative to SRPEDD. Clerk's Folder A Common Victualler's License for the Fresh Catch on Rumford Ave. was approved on a motion by Selectman Clemmey, seconded by Selectman Caponigro. Voted 5-0 (Select- man Caponigro arrived at the meeting just before the vote.) A Weekday Music License for Jack's Cafe (Juke Box) was approved on a motion by Selectman Clemmey, seconded by Selectman Avery. Voted 5-0. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 3, 1979 Page 2 A license for a Bailing Machine for Jack's Cafe was approved on a motion by Selectman Clemmey, seconded by Selectman Colella. Voted 5 -0. Town Manager's Report The Civil Defense has arranged for the State to come to the Town Hall and conduct meetings regarding an emergnecy plan. The meetings will be held every Thursday night during the month of February, from 7:30 p.m. to 10:00. The Town Manager is asking that a representative from each department be at this meeting along with the Police Chief and Selectmen. The Town Manager notes that calls have been coming in regarding whose responsibility it is to make sure that the ice is safe for skating. The Town Manager notes that the Town will not assume the responsibility for this. This has been the policy in the past and will continue. The parents will have to assume this responsiblity or individuals at their own risk. The Town Manager notes that he had been asked to look into the parking phoblems at Rte. 140 across from DiAngelo's, on 106 from No. Plain to Pratt,St. and 106, Franklin St. A recommendation on this was read by the Town Manager from the Police Chief. Selectman Colella questioned whether the people with businesses had been informed of this and felt that a Public Hearing should be held. It was decided that a Public Hearing should be held and a motion was made.by Selectman Caponigro that a Pubic Hearing be scheduled for January 17, 1979, seconded by Selectman Avery. Voted 5 -0. The Town Manager notes that negotions on contracts for the Fire and DPW will be held on January 12, here at the Town Hall. Bids were opened for the Light Dept. on 100 KVA Transformers, 50 Wood Poles and 12 Street Light Arms. On the recommendation from the Light Dept. the 100 Trans- formers were awarded to Grainger Rush Co. for the low bid of $1238.00, the 50 Wood Poles were awarded to General Electric Co. for the only bid received.of $5450.00 and the 12 Light Arms to Graybard Electric Co., Inc. for the only bid received of $23.35 each. This was a motion by Selectman Colella, seconded by Selectman Clemmey. Voted 5 -0. The Town Manager made his appointments to the Industrial Development Committee. Geraldine Abbot, South Main Street was appointed for a 3 -year term to end 1982 and Anthony Melchiorri, South Main Street was a- pointed for a 3-year term to end 1982. Letter of appointments will be sent out. . The Town Manager asked the Board if they would like to have Town Accountant inter- views set up for next Wednesday evening and this will be set up. Board Reports Selectman Colella noted that he has had calls regarding the Oak Street Culvert. A resident that lives off of Village Road is having a problem with water backing up into his yard. The Town Manager noted that culver and the road will be done together and that this will come under the Capital Improvements Budget. All that can be done for now is to keep the drain open. Selectman Colella also would like to.have Thom Bonome, Highway Director look into -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 3, 1979 Page 3 a water problem on 29 Warren.Avenue. Selectman Caponigro noted on GATRA. Larry Ross, Assistant Administrator of GATRA is getting a legal opinion from GATRA's Attorney to see if anything can be done regarding the funds that we were suppose to get and they went to Rhode Island's Department of Transportation. A proposal is going to be made at the next meeting of GATRA that the Transportation Commissioner go after this money instead of the Town having to go along. Selectman Caponigro noted another thing is that the prices quoted at last week's meeting are only estimates and not firm figures from the MBTA. Another item that Selectman Caponigro brought up was that Mr. DiRienzio, School St. is still not satisfied and has heard nothing from the State. Selectman Caponigro noted that he would like to have the Town Manager send Mr. DiRienzio a letter that the State has done all that they can do for now until the Spring. The Town Manager noted that he will contact the State and ask that they also send a letter to him. Town Counsel Charles Mulcahy met with the Board regarding reappointments to Town Boards. Mr. Mulcahy noted that after check the General Laws and the Town Charter he would advise that the Board make a motion to allow all members of boards, com- mittes and commissions to sontinue to serve until reappointments are made. Mr. Mulcahy feels that this is not inconsistent with ArticlelO or with the amendment. This transition does not apply as noted in Section 10 -3 "Continuation of Government" in which it reads that all committees, commissions, boards, departments,gfficials offiers and other agencies of the town shall continue to perform their duties until reappointed, re- elected or until successors to their respective positions are duly appointed. These terms of office shall expire on January 1 of the year in which they would have ordinarily expired, unless otherwise provided. A motion was them made by Selectman Caponigro that all present members appointed by the Board of Selectmen serve until reappointments are made January 31, 1979• Seconded by Selectman Avery. Voted 5 -0. Community Development Hearing The hearing was declared opened with the Clerk reading the notice that was published in the Paper of this hearing. Chad Maurer, Town Planner was in attendance at this meeting and noted this is for a 1979 grant application and that the pre applicat.ion must be submitted by January 15, 1979. Mansfield is in a group competing for $450,000. with about 80 other communities. Last year we were about 13 on a list of about 60 applications . Chad noted that the monies are going to low income areas with a need for helping low income families. This application for funding in the amount of $285,000 is for development of a permanent facitlity for a drop -in- center for the elderly which rates very low for in the low and moderate income area. Selectman asked Chad if this drop in center will only be for the elderaly and he noted that is right. The hearing was declared closed. It was noted that another hearing on the same thing would have to be held again next week. -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 3, 1979 Page 4 Charles Mulcahy, Town Counsel continued his meeting with the Selectmen and dis- cussed the funding regarding GATRA. Mr. Mulcahy noted that he spoke with Larry Ross of GATRA and told him that the Annual Town Meeting vote was subject to GATRA receiving the funding but no contract has been signed, the Town Meeting vote rati- fies this. Also infomred Mr. Ross that we have not had or 1979 Annual Town Meeting and could no promise any funds for 6/781to 6/79• Mr. Ross feels that we should go to the Town Meeting and ask for these funds. Mr. Mulcahy's opinion is that the Annual Town Meeting vote did commit that money from Boston that went to Rhode Island for $16,000 and feels that we are notcommitted in any way and should not be ex- pected to pay. .Selectman Caponigro noted that the 1977/78 Town Meeting committed us through GATRA to be taken off the Cherry Sheet but from 1978/79 we are stuck with the bill. The $16,871. will be deducted from the Cherry Sheet but no further they do not have any authorization to deduct anything else. Selectman Robert Delong fee H that an article should be put in the Annual Town Meeting'to raise the'$25,200. the total cost. Selectman Delong brought up the question regarding postcard billing for electric bills and asked for a Town Counsel Opinion. Mr. Mulcahy notes that 14 other towns follow this procedure and as yet no litigation has been brought up in Massachusetts. As long as past due bills are not sent out on the cards we are on firm ground. There is no regular statue on how the bills are sent out . Selectman Delong feels that it would be foolish and expensive to put them in envelopes and to flag certain accounts would be costly (labor wise) A motion was made by Selectman Colella to send the post cards out in a sealed envelope. This motion received no second. Airport Lease Town Counsel noted that hie is draftcng the lease and will not have it finalized until next week. Selectman Delong would like to know if there is a definitive criteria in the lease if the leasee does not perform according to contract standards. In this way we can be protected and not be subjected to litigation. Selectman Caponigro at this time want to take time to compliment Town Counsel on the excellent job that he has been doing, anytime we have asked questions or opinions of him he has come back with them soon. Selectman Delong then asked for a motion to go into Executive Session to discuss litigation against the Town. This was a motion by Selectman Caponigro, seconded by Selectman Colella. The Board was polled: Avery, yes; Colella, yes; Delong, yes; Clemmey, yes and Caponigro, yes. The Board will return to open session. (Executive Minutes typed separately) The Board returned to open session at 8:45 p.m. Selectman Delong requested that a copy of the Boiler Specs for the Airport be give to Larry Pigeon, Chairman of the Airport Commission. -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting January 3, 1979 Page 5 Selectman Clemmey moved that the Board meet on Thursday, February 1, 1979 at 7 :30 p.m. to close the warrant for the Annual Town Meeting, seconded by Selectman Caponigro. Voted 5-0. Selectman Delong went over the pending items listed on the agenda. The Back Bay Brooi Phase 3 - Town Manager gave the Board an update on this and noted that it should be advertised by July. Sanitary Landfill - There has been no change in the dumping procedures - Test Well figures were noted, the quality of drinking water in Test Well #7 has a high count compared to Well #6. Downtown levelopment Advisory Committee The Committee met with the Selectmen and noted that the Committee held a Public Hearing and received good representation from residents and merchants. Bob Mangiaratti noted that one of the problems is that in all the planning and taking not much has been done. The traffic pattern was discussed and two items brought out would be that the corner at No. Main and Thomas St. would have to be cut back and a.shall temprary island at Old Colony, No. Main and West Church Street. The cost would be minimal for this new traffic pattern flow and does not involve any Construction, the proposal.has been given to Thom Bonome. The cost for the Construction of the small island would be about $300. plus cost for additional signs for the downtown area. The total cost for this whole project would be about $750. The Committee would like to be able to run this trial pattern for about 6 months. If successful it is estimated that the major change at the corner of Thomas and No. Main would be about $3500. Thom Bonome feels that we should make some adjustments now at Thomas Street so that the full cost would not hit us all at onetime. Asked what the cost of the extension of Samoset Ave would be and it was noted that no cost figures have been worked out yet because that would be part of the permanent change. Bob Mangiaratti noted that the Committee did not go in- to long range plans . Selectman Caponigro wanted to know if anyone has spoke to Larry Jackson, of Jackson's Funeral Home, Church Street, and Chad Maurer noted that they held a Public Hearing and Mr. Jackson did not show up. Chad notes that before any changes are made another Public Hearing will be held. This change is only for a 6 month trial run. Selectman Avery moved that a Public Hearing be held January 17, 1979 regarding the Downtown Traffic Plan at 8:00 p.m. and notices be sent out to merchants and resi- dents on the areas. Seconded by Selectman Clemmey. Voted 5-0. -5-