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HomeMy WebLinkAboutBOS MINUTES 3-28-1979BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A March 28, 1979 7:30 p.m. - Call to Order Warrant Minutes of March 21, 1979 7:40 p.m. - Ed Morrison - Lion's Club 7:50 p.m. - Dick Veren - JayCee's - Annual Clean -up 8:00 p.m. - Executive Session- Negotiations FInCom, Board of Assessors and Town Clerk Light Department /Light Commissioner's Meeting David White - Retention Pond on School Street Delores Benson - Garden St. & Drainage problem Correspondence Cl,erk's Folder Town Manager's Report Board Reports PENDING ITEMS Traffic lights at Franklin & 106 JobrClassifications Back Bay Brook Phase -3 Water Rates Foxboro Traffic Mall Pattern Sanitary Landfill Oak St. Culvert BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28. 1979 Present: Selectmen Robert M. DeLong, Frank Colella, Lyman C. Avery, Norman Mahana and Antonino Caponigro, Jr. Town Manager William P. Metropulos. The meeting was called to order at 7:30 P.M. The weekly warrant in the amount of $417,603.09 was read. The was accepted on a motion by Selectman DeLong, seconded by Selectman Caponigro. Voted 5-0. A Revenue Sharing Warrant in the amount of $100,999.00 was read. This was accepted on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 5 -0. The minutes of March 21, 1979 were read. Corrections were noted to be made on page 1, the last sentence of the third paragraph down is to be deleted, and the word "request" is to be inserted in the first sentence after the word transfer, 4th paragraph from the bottom. Selectman DeLong moved that the minutes be approved with corrections,seconded by Selectman Mahana. Voted 5-0. Lion's Club An application was noted from the Lion's Club for a 1 -day beer license on June 16, or a rain date of June 23, 1079. This - will -be a fund raising event featuring, non-motorized vehicles penned a Krazy Race The beer will only be sold to people 20 years and older itwill be dispensed by members of the Lion's club. A $25.00 Savings Bond will be offered to the winner of the best design,for a tee - shirt. A route has also been okayed by the police and fire for the use of the streets. A motion was made by Selectman Caponigro, for this 1 -day beer license, seconded by -Selectman Mahana, Voted 5-0. Lion's members present were: George Goddard, Ed Morrison and John Kraus. Correspondence A letter from the Town Counsel was noted regarding the request from the Jaycees to cut down and sell trees from tie Hutchinson property. This request is not being honored by the Recreaction Commission and therefore the Town Counsel notes that he has no viable alternative but to reject the proposal of Mr. Douglas of the Jaycees, A letter from the Town Counsel was noted regarding the Jaycees request to use Town vehicles for their annual clean-up scheduled for Saturday, April, 7th. The Town Counsel advises that to protect the Town, the Jaycees should sign as a condition precedent a hold harmless agreementin favor of the Town of Mansfield exonerating the Town from any liability that may result if an accident or injury?occurred. while the trucks were being used in any fashion by any of the Jaycees. The Town Counsel also feels that the Jaycees should investigate the possibility of taking out a liability insurance policy for that day to cover any damages resulting. Selectman Colella moved that the Jaycees use 4 vehicles from the highway department with no strings attached. Selectman Colella was informed that this motion was made last week, however, he made a motion to reconsider it, the reconsideration was se- conded by Selectman DeLong. Voted 5 -0. Selectman Caponigro noted that he did not second it because it was already voted on last week. Selectman Mahana explained to Selectman Colella how he amended his motion last week, however this could -not be understood by Selectman Colella and a discussion continued over the motion of last week and the reconsideration. -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting Page 2 March 28, 1979 A new motion was made by Selectman Caponigro that we allow the Jaycees to have 4 Town vehicles under the direction of the DPW Director subject to the stipulations set down by the Town Counsel that a hold harmless agreement be drafted by him and N.E. Security, the Town's insurer in order to protect the Town's interest. Voted 3 -2 (Selectmen DeLong and Avery opposed) Selectman DeLong noted that he opposes the motion because he is not in favor of lending out Town equipment to any- one. Jaycees Members of the Jaycees met with the Selectmen and noted at this point they went ahead and checked with the insurance co. that insures the Town trucks and they can pick up a policy that will have the Jaycees and the Town covered for liability for this day that they use the trucks which will also include property damage cover- ages. They are willing to spend the money for this insurance to get the 4 trucks. As of the last meeting the Army has come forward and will lend them 5 trucks, so they will have 9 trucks which will insure that they can do a good job. Selectman Colella noted that this is the point he is trying to get across, that they are willing to do the job and feels that the Town of Mansfield should just give them the trucks with "no strings attached" and we are asking them to pick up this insurance. The Jaycees noted that the insurance will cost between $35-$50. Selectman Colella feels that the Town Of Mansfield should pick up the tab for this. Selectman Caponigro agrees that they do a good job and do it every.year. Selectman Caponigro moved that the fee for the insurance be.picked up by the Town out of the Selectmen's expense account. MOTION FAILED - 2 -3 (Selectmen DeLong, Avery and Mahana opposed.) Selectman DeLong noted that he opposed the other motion because he does not believe that the Town should lend out Town's vehicles, also he opposes the motion to have the Town pick up the fee because it is.not our money to play with, it is the Town's money. Selectman Avery said that he feels bad that we could not get our own town employees to drive the vehicles, it is unfortunate but he is not in favor of lending out the town vehicles either. Before departing one of the Jaycee's noted that if the organization was not in such a bind this year, they would not have asked to borrow the trucks, but they feel that it is an important project and requesting the trucks was necessary. A letter of resignation was noted from Matt Williams, from the Finance Committee. Mr. Williams notes that he has accepted another position in Maryland and enjoyed his short stay in Mansfield and work on the FinCom. A motion by Selectman DeLong seconded by Selectman Caponigro was made accepting Mr. William's resignation and a letter of thanks will be sent to him. Voted 5-0. The following applications were noted for Boards and Committees: Kenneth Owens (Any Board or Committee) 800 Ware St. -2- Stephen H. Quinn (Any Board or Committee) 24 Morrow Street BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 3 Application to Boards and Committees continued: Peter J. Fontagini (Board of Health) 71 South St. Robert Lynch (Recreaction Committee) 382 Elm Street Marydee Flynn (Planning Board) 102 Jewell St. Roger D: Dotson (Finance Comm. 424 Franklin St. Planning Board) Correspondence was noted from the Comm. of Mass. Department of Public Utilities approving the request of Mr. James, Hall, Director of the Light Plant to extend for 30 days the filing of the annual return for 1978, A memo from the Town Manager was noted regarding the service of the Janitor, and it has been decided that a fee will have to be charged due to the increase in Town Hall use. Chairman Avery moved that the Board go into Executive Session to discuss nego- tiations, the Board was polled: De Long, yes; Colella, yes: Avery, yes: Mahana, yes: and Caponigro, yes. The Board will return to open session. Executive Minutes typed separately. The Board returned to open session at 8:35 p.m. Finance Committee and Board of Assessors These two boards met with the Selectmen to discuss an error in the calculating of last year's tax rate. Chairman AVery opened the meeting by reading a letter from the Finance Committee which is attached. Chairman AVery then asked for additional comments from the Finance Committee and the whereabouts of the Town Clerk was asked and the Town Manager replied that he was tied up with the Rabies Clinic going on this evening and it was decided by the Board that his presence was not necessary. Ed Benson, Co- Chairman of the FinCom noted that a couple of members of the Finance Committee spent a lot of time working on this and came up with these figures. The FinCom feels that there was a substantial error. What is needed to be done is that these figures be checked and get some guidance on what direction to take. Ed Cooney, FinCom member, noted that he thought the error was in the amount on the very complex sheet which has to be submitted to the State om:which town officials calculated what they think the tax rate should be. The Bureau of Ac- counts of the State supposedly checks this recapitulation sheet for errors, for clerical accuracy and supposedly ties it into a sheet of the appropriated amounts from the previous Town Meeting. From our determination, the error was made in the Total Appropriations column. The column on the sheet which simply is labeled Total Appropriations. In that column was not only included the $9,198,613 which was approprated at the Annual Town Meeting but also included the sum of $914,000. which was the free cash transfer at the prior Town Meeting. The last Town Meeting. So, in effect, what we did in setting the tax rate based on our review was not only raise funds sufficient to meet appropriations but also re -raise the free cash -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 4 which was transferred at the last Town Meeting. Mr. Cooney noted that he and Bob Powers and Joe Houghton spent a considerable amount of time going over this and reviewing it . The form is very complex and -he noted that he thinks the error developed from the complexity of the form. The form complicates a rather simple calculation. The form was identified as Schedule B. Peter Saunders, Assesssor, asked hots and by whom the calculation was done, that the assessors wanted to find out how the figure was arrived at on Schedule B, Column A. Mr. Saunders was told that the Town Accountant fills it in. Selectman Delong asked Mr. Saunders what point is he trying to make? Mr. Saunders replied that apparently the FinCom and or anyone else using that figure gets the same total. Is that correct? Mr. Benson , noted that the Finance, Committee put the figures in the correct columns which was not done before. That's why the error occurred, the form was not filled in properly. Selectman Avery asked if there had been a confirmation of the error. The Town Manager noted that the Town Clerk went into a meeting on Monday with the Bureau of Accounts and Dept. of Taxation and they agree that there is an error. However, they would not commit themselves as far as recertifying at this time. They said they would look the things over and if we can all agree to the computa- tions here, and it agrees with them, they would recertify this, but it would be after July 1. Chairman Avery asked the Town Manager that the question he has is did they agree with what we see here on the particular sheet, that there was an error? The Town Manager said, that from what the Town Clerk told him, yes. Chairman Avery said that there is a confirmation of an error and asked in what amount of money? The Town Manager noted that we are talking basically $914,000. The letter that was sent out on August 28, 1979 to the Bureau of Accounts indicates that from the free cash to offset tax rate was $914,422. Evidentally, when the Bureau of Taxation and the Bureau of Accounts received this it didn't alert them to the fact that as it was stag earlier that $914,422. was placed in Column C which is from Free Cash rather than be put into a column which is noted as from Available Funds to reduce the tax rate. Nobody picked that up and that!s where the error is. Selectman Avery said, "nobody from the Bureau of Accounts picked it up even though they had the same figures "? The Town Manager said, yes. Selectman Avery questioned if it is right that the only people who have the authority to set the tax rate is the Board of Assessors? He was told this is true. He asked how they (speaking to the Assessors) go about this , knowing that it is a long complicated process, but asked if they could give a brief synopsis of what has to be done and where they get the figures. Al Turinese said that all the figures available to them come from the town depart- ments, from the Town Accountant, and they are actually certified by the Town Accountant. These figures that are in there are all figures that were certified one way or another. They have no way of knowing whether these figures are correct or not, other than that they are certified by the Town Accountant. Selectman Avery said then the Town Accountant furnishes all. the figures that are put into the recapitulation sheet with the exception of the Cherry Sheet? Assessor Al Turinese said that this was correct. -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 5 Selectman Caponigro asked when this can be certified and was told that it would be after Jul;y11. Selectman Avery asked the Town Manager if he was involved in this process at all and the Town Manager said that he was not involved. Ed Cooney said that the FinCom feels that although it is not in their authority to do it, they would like to request, as they did last year, to review the calculations of the tax rate in the future. Selectman Avery asked if he was talk- ing about the recapitulation sheet after the Board of Assessors set the tax rate or if he is talking about the figures that the Town Accountant is supplying them. Ed Cooney said that he is talking about the work sheet, Schedule B,. He feels that the FinCom can be of some help. Obviously the error could have go e the other way as well. Assessor Al Turinese said that copies of the recap sheet were distributed on the day that the tax rate was set to the FinCom, Selectmen, members of the press and Town Manager . . These were distributed approximately September 1st, so they had six months to pick up this error. Selectman Avery asked the FInCom members if they were aware of this report and Ed Benson noted that they did get a copy of that report. Selectman Avery asked the FinCom if they picked up the error at that time and Ed Benson said no , that they did not. Ed Benson noted that the FinCom asked to see the sheet before it was sent out, before the tax rate had been set. By the time they got the sheets, the forms had already been sent in and the tax rate had been established. Assessor Al Turinesenoted that ortFother thing he wanted to bring out was that one of the problems that existed was the supplementary cherry sheet that they had pertaining to the S.E. Regional School, which was in an uproar. They had three different figures, and actually they weren't going to set the tax rate. But they did because they were pressed for a deadline. They called the S.E. Regional School several times as well as Boston, the figures never gibed. So they had to go to Boston to get that released and we were not the only town in there, there were a number of them. The only towns that were allowed to set the tax rate were the ones involved with the Southeastern Regional. Those towns were the only ones that came up with a figure that matched theirs, King Phillip, was not allowed (that region) to set the tax rate until they went back and checked all the figures. Assessor Turinese noted that he does not know if he should apologize to the FinCom for that but that's one of the reasons why it was done and it was put in their laps the same day. Selectman Avery said that he wanted to ask the Board of Assessors a question rela- ting to what Mr. Cooney had mentioned. Is there an advantage or a disadvantage to having one or two members of the FinCom involved? Assessor Saunders said not at all, but it is irrelevant when the figure in question has no backup whatsoever. That's why, Assessor Saunders said, that he asked Mr. Cooney where the figure comes from. It does not originate with the Assessors noted Assessor Saunders. Selectman Avery attempted to rephrase the question and asked the Assessors if they ( thought that the FinCom should be involved with the Town Accountant in the prepara- tion of the figures that go into the report? Assessor Saunders said that they certainly need to be involved with the Town Accountant. -5- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 6 Selectman Avery notes that from his point of view and the Board's, we have agreed unanimously that an error was made and there is the sum of $914,000. to be certi- fied as free cash or whatever is going to happen. Does the FinCom or anyone on the Board have any recommendations or direction for the Board of Selectmen? What should we do with this money Should it be used to reduce the tax rate for this coming year, for the coming year after than? Does anyone have any feeling about this at all? Assessor Saunders noted, speaking to the point, that the Assessors are absolutely opposed to taxation in advance, and wouldn't want to be a party to that. Selectman Avery asked again - no recommendation? Does any member of either Board have a further comment? Selectman Mahana feels that the FinCom should work with the Town Accountant, and feels that it would be more advantageous for both. FinCom member, Ed Benson said that they have no qualms about that as long as the Board of Assessors agree. It's the manner in which the form was filled out. Basically the numbers on the form were correct but placed in the wrong column. If they had the form to review they may have picked up the error, but it would have been the same situation six months earlier. Assessor Saunders said that he does not mean to split hairs but it's not the form that was in error. There's a figure on the form that was in error. The figure comes from the tabulation of town meeting actions throughout the year, a sum- mation of all the appropriations voted on by all the annual and special town meet- ings. That figure is tabulated by law by the Town Clerk up on the stage, and then that figure, in his duel role of Town Accountant is arrived at, then it's forwarded by him to the Assessors and anyone else that wants to know it. When they go into the city with the recap sheet, unless they have that figure certified by the Town Clerk, they can't submit the recap. And that's the only figure. There is absolutely nothing about the form and about the use of the figures on the form that is in error. If it was it would have been detected by the State. But it's very important to be very certain about that figure, noted Assessor Saunders. Ed Cooney noted that actually the figure is closer to $800.000. since there were some other minor errors. As they calculated it the error on the sheet was $798,000. The State may find differently. If the state legislature acts on the cap bill, there won't be any problems with the tax cap, but if we still have to live within the 4% expense cap, his recommendation, if we have the money, is to use it for some sort of tax stabilization. Selectman Delong noted that re- emphasizing what Ed just said, under the present proposed cap law this extra money will not affect us at all. That isn't money that we can spend now. It's not affected by the cap at all, so that our appropria- tion levey and spending levy-is still capped. This $914,000. is not found money that we can use for expenditures for next year. Selectman Caponigro noted that the Town Manager should explain to the people what happened. Many people he has talked to demand that they get a rebate on their taxes. We should explain to them what happened, that it's not possible, that we well have to find out how to handle this money for next year. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 7 Selectman Mahana feels that this money was overtax money and feels that it should be reimbursed on the tax rate. Selectman Avery feels that Selectman Caponoigro's point is well taken, and would like to see the Town Manager prepare some sort of a release on the entire situation, explaining what has happened and what we hope will happen and send it to this Board for review before release. A question from the audience asked why it can't be refunded. Why we can't go into the State and ask them to refund it. The Town Manager again answered what happened when the Town Clerk went in Monday. This same person from the audience wanted to know why someone from the Board of Selectmen could not go in, why just go along with what the State says, there are a lot of people in town who could use the money and feels that maybe the State wants to hold off because they are collecting interest. A motion was made by Selectman Nahana that the Board check with the Bureau of Accounts and see if in fact that this money can be certified as free cash and rebated. Seconded by Selectman Caponigro. Voted 5-0. Licht Commissioner's Meetin James Hall, Director of the Light Department met with the Selectmen. Mr. Hall noted that along with the written report submitted last week he has some new in- formation. Saturday 25 routes out of 51 for January were billed, and tomorrow one more route for January will be billed. February's billing will be done by this coming Saturday, the computer has been completely debugged. As far as bill- ing they now have a clean operation. All the routes have been read and only the new readings have to be plugged in. People will be receiving their January and February bills right after one another but they will only have to pay the net billing. The March billing will be done the first of April and in the middle of April all bills will be current, so by the first of May all will be current billing. They are not putting in any new programs for now,.one terminal.is not operating. The prob -l.em before was that the old billing machine broke down and bills had to be done by hand, the computer had to be debugged for programing this billing procedure and even with the billing machine it would have been a horrendous job. The large consumers are billed monthly by hand, they will be going on line this month. So people complaining that they have not received a bill 'will 'start complaining that they are receiving too many. Mr. Hall noted that the 1 -495 material has been recived for a new feeder out to West Mansfield for the heavy heating customers to help out the Samoset St. Feeder which handles Bristol Arms, etc. Mr. Hall noted that he hopes to have this work finished before the air - conditioning weather starts. He also noted that he will probably go out for bids for large cables to pull the material, but this will all be reimbursed by the State. Mr. Hall noted that providing there is no large rate increase from his suppliers the base rate for electricity will stabilize but the fuel adjustment may increase. Mr. Hall also noted that he will have to contact the Federal Regulatory Agency for an extension in their annual budget report as they did with the DPU. -7- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 8 David White met with the Selectmen to discuss his wanting to build a retention pond on his property. Paul Boyden of the Conservation Commission also sat in on this meeting. Because of the construction of 495 and relocation of Rte. 140 Mr. White has been experiencing a problem with flooding on his property. Mr. White had with him tonight a map of his property and the area, Mr. White contends that this photomap was taken during a time of the year when an old fire road was mistaken for a channel and that the land was never surveyed. He walked the property himself with Ralph Maloon and water does not travel in the direction that it is indicated on the map, but now it does except when the water gets so high that it just sort of flows onto his field and creates a localized wet spot . Mr. White noted that originally the water always flowed northward before School St. and before the railroad and he thinks that perhaps this area was not the driest and it was not as wet as it is now . However the railroad came in and built their railroad breaking off this natural water shed and the engin- eers were smart enough to know what they were doing and put a boxed culvert in there, but Dave contends that they put it in too high therefore allowing the water to back up. In 1937 School St. was rebuilt and drainage was relocated and a pipe was put in but it was put in too low, therefore reversing the natural flow of water. Dave feels that a retention pond is the only solution as a buffer to prevent further flooding from 495 -140. Paul Boyden noted that the position of the Conservation Commission when they found out about the error made by the state, they have been informed that another hearing will be needed because of the ramifications heard here tonight. The state will have to have another Wetlands Hearing and they know why and he cannot understand why they have not petitioned it yet. Paul noted that he is in full agreement of the problem but not the solution, Selectman Delong alxked Paul what is wrong with Dave's proposal and Paul noted that the State has never come back to the Conservation Commission for a Wetlands Hearing and that is step 1, step 2 is to have the hearing and see what the results are and step 3 would be after the results of the hearing the Conservation Commission will be in a position to determine what has to be done. The plan that was reviewed when they had the first hearing is not the same plan that is being discussed here tonight. Paul noted that he wants to know how the state plans to solve the problem so that the Town of Mansfield will be protected and they have a right to know exactly what is going on. Selectman Delong asked Dave if he is putting the retention pond on his land Paul Boyden noted that the retention pond and the drainage problem are two se- parage issues. Paul noted that he is not against the retention pond as long as Dave meets with the necessary gravel removal laws, zoning laws, and the by -laws of the town. Selectman Avery asked for a summarization and David noted that Henley- Lundgren the contractor for 495 is looking for material and they are willing to negotiate on a swap basis with him and leave him with an outlet satisfactory for retaining water and promoting a good enviromental situation. M-1 BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 8A Paul Boyden feels that the State should come back to settle the drainage problem and Selectman Avery noted that Dave wants it done soon. Dave noted that Henley - Lundgren needs the material and if we want the road built on time this is a good start. Dave noted that he would like a recommendation from the board on behalf of his pond because he has two hearings coming up next tuesday with the Board of Appeals. Selectman Delong noted that what he needs is a legal opinion that would either exempt him or not and we are not a legal board and cannot give him what he is looking for. Selectman Mahana noted that a letter should be written to the State DEQE from the board demanding a quick resolvement to this problem and a strong letter. However, Selectman Mahana was told by Paul Boyden that a letter has been written to them. Selectman Mahana amended his motion to read that this be a follow up letter in support of the letter written by the Conservation Commission. Seconded by Selectman Caponigro. Voted 5 -0. Selectman AVery noted that he has an inherent fear in supporting a letter that he has not seen. Selectman Caponigro noted that he supports the pond but we need a legal opinion from the Conservation Commission that this does not come under the Hatch Act. Paul Boyden noted to Dave that he knows what has to be done that he has 21 days in which to act when a letter of intent is submitted. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 9 1 Delores Benson and Ed Benson of 38 Pleasant Street met with the Selectmen to discuss Garden St. The Bonson's noted that they would like to buy a portion of Garden street that abuts their property and the rest of it can be sold to other people who's property it abuts if they want it. Delores noted that last year she came before the Board and they gave her permission to clean it up as best they could, they have done this and it is still a mud hole. Over the last two years they have spent quite a bit of money, trees have been lost, etc. They don't know what else to do but to fill it in and this will cost a considerable amount of money. Selectman Delong noted that the only reason they have held back is because they want to complete phase 3 of the Back Bay Brook and this is not scheduled to be complete until 1981. Delores noted that when she was here last year she was' told that it would be complete this past February and month ago . Delores noted that the abuttors said they they would also be willing to buy the land that abuts their's at fair market value. Delores said that she just can't stand it anymore, everytime she looks out her kitchen windon she gets sick. All she wants to do is fill in the front section and plant a lawn, the water will be pooled down back on her property, she can wait for the Back Bay Brook to come through , she said that she gets very little water from Pleasant St. most of it comes from out back. Delores said that she is willing to buy the section that abuts her property with a perpetual easment to the Town and pay all expenses for an engineer, deeds with no cost to the Town and when it comes time to put the pipes in they can dig it up and the only thing that she will ask is that while they have the heavy equipment they straigten it out and she will pay to have the lawn put back in. Selectman Avery noted that the only reason that the Back Bay Brook drainage is slated to go through and she has waited this long and does not see why she can- not wait another 12 years and that he sympathizes with her. Delores then noted that before town engineer Jay Abely left he told her that he did not think the Back Bay Brook would be going through to Garden Street it would be going down Pleasant Street. Selectman Caponigro noted that he understood there is no easement to the pipe , that the pipe is not on her land, Delores noted that they don't know whose land the pipe is on. Selectman Colella noted that we have been on this project for a long time and knows what Delores is facing. Selectman Colella made a motion to sell the land to the abuttors once and for all for the fair market value because it is no good to the Town and it would 'help the abuttors, it is a jungle there. Seconded by Selectman Caponigro. MOT.b.ON FAILED - 3-2 (Selectmen De Long, Avery and Mahana opposed) Selectman Caponigro noted that the reason he is changing his mind is that with the easments and restrictions if we dig up the lawn. We have done a lot of work on the Back Bay Brook and we have not had one problem and if we sell the land and put enough restrictions on it and see to it that-the Town is not-going to be responsible to reseed, he does not see wlj'y we can't sell the land and have the Bensen� clean it up. Selectman Mahana noted that he agrees with Selectman AVery and the only hangup is that the last seven years this has come before the Town Meeting and has been defeated and we have to go along with the Town Meeting. Selectman Mahana noted to the Town Manager that he would like to see if the high- way department can do anything to help them out in the meantime. -9- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 10 Selectman Caponigro noted that he would like an update report on the status of the Back Bay Brook regarding the funds available. Correspondence A letter was noted from James Dunn, of Dunn Engineering regarding the life of the landfill and in his letter he noted that elimination of the commercial haulers will extend the life of the landfill by about 100 percent of estimated life. This letter prompted a motion by Selectman Delong that a letter be written to the Board of Health asking them if they have excluded industrial waste and at what time the new regulations will be in effect. Seconded by Selectman Caponigro. Voted 5 -0. A notice was read from the police department on two disturbances at local liquor establishments during the week. A transfer request was noted from the Airport Commission in the amount of $2,217.18. This was approved on a motion by Selectman Delong, seconded by Selectman Caponigro. Voted 5-0. Selectman Delong noted that by what he read all the money was used up by vandalism. A copy of the audit on the S.E. Regional School was noted. Selectman Delong said that he would like to have Lou Tarsa meet with the Board next week to dis- cuss this. This was a motion by Selectman Delong, seconded by Selectman Caponigr. Voted 5 -0. Clerk's Folder An Auctioneer's License was noted for Delores Benson, 38 Pleasant St., Mansfield Approved on a motion by Selectman Caponigro, seconded by Selectman Colella. Voted 5-0. An Auctioneer's License was noted for Edward Benson, 38 Pleasant St. Mansfield. Approved ona motion by Selectman Caponigro, seconded by Selectman Colella. Voted 5 -0. A 1 -Day Beer License was noted from the Jaycees for their Airport Show on May, 20, 1979, This was approved on a motion by Selectman Caponigro, seconded by Selectman Colella. Voted 5-0. A renewal license for John Glynn, Fulton Street, for his taxi was noted.. Select- man Caponigro wanted to know if stipulations regarding the appearance of the car and the condition can be instituted. The Town Manager will check this out and the renewal license is to be taken under advisement until next week. Another request for a license for a second cab was noted from Mr. Glynn. This too is to be taken under advisement until next week. It was noted however that the renewal license expires, Sunday, April 1, 1979. Selectman Caponigro moved that a temporary license be given until next Wednesday. Seconded by Selectman Colella. Voted 5 -0. -10- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 11 Attorney Bradford Johnson came before the Board with papers to be signed by the Selectmen regarding a suit against the Town. This were signed on a motion by Selectman DeLong, seconded by Caponigro. Voted 5-0. Town Manager's Report The Town Manager noted that there is a bill pending regarding dogs and it looks as though they are turning the whole project over to the individual towns and not the county. This cost will be shifted to the towns, and the Town Manager feels that if this is going to cost money we are against it. A motion was made by Selectman DeLong, 3aconded by Selectman Caponigro to write a letter to our legislature that we are against it. Voted 5-0 The Town Manager noted that union negotiations have been going on and it is hopefull that there will be a settlement by Town Meeting. Regarding the Oak St. Culvert,the Town Manager noted that he spoke to a Mr. Alegi of the DPW. Mr. Alegi and Thom Bonome looked over the area and there are Chapter 90 funds available but in order for these funds to be used there has to be more than the culvert done, so he suggested that we do about 500 feet down Elm Street. He feels that we may have enough money to do from Elm Street to the Town line but this will involve engineering studies, land easments, rights -of -ways and it will be a costly project. Selectman Mahana said that under senic roads you can't widen the road or remove a tree but you can improve the condition so if we can make it a senic road, we can ask the Conservation Commission to put it on the warrant for a senic road. The Town Manager noted that it will take about a year anyhow before any work could be started. The Town Manager noted that he will talk Norm's idea over with Thom Bonome Board Reports Selectman DeLong asked the Town Manager if he has done anything on the job classi- fications and The Town Manager noted that he hasn't. Selectman DeLong noted that Chad Maurer asked if the Board wanted to vote on the Fairfield Optical. Chad was asked to come into the meeting and noted that what he is looking for is recommendation in favor of the article at the town meeting. However, Chad noted that since the committee has met with different boards and has held a public hearing they have gone back to discuss the different suggestions that they heard , and there will be some modifications made also they do not have a value on it yet. A minimum value should be established and also there should be a strong indication that this project will be for the elderly. Originally this was going to be applied for subsidizing and with this requirement they may not be subsidized to go out for bidding to a private developer. The Housing Authority has a definite need, there are people who need housing in the 55 and older group who make too much money for the low income housing. Chad will be back in about two weeks after all their suggestions and ideas have been discussed to met with the Selectmen again. -11- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 Page 12. Selectman Delong asked the Town Manager if the Water Department will be allowed to float bonds and that the Board should have authorization as to what can be done under the law, Also we should meet with the FinCom on this because it will not be under their influence and also not under their influence at the town meeting and we will need a strong selling point. Also the article on the light department, the Chairman should have allithe facts and figures regarding rates, salaries and other various criteria so that not only the town meeting but the board will know how efficient that department is. In lieu.of taxes $144,OOo, is being recommened, this is what the light department would have to pay if it were a private industry. Selectman Colella asked if the bills from last year's snow storm was in this coming town meeting and was told that it is on the Special Town Meeting warrant. Selectman Mahana asked if it is possible to open the Special within the annual to have Oak St. put on the warrant for a senic road , but was told that the warrant has been posted and it is too late. Selectman Mahana made a motion to call another Special Town Meeting within the annual , seconded by Selectman Caponigro. Voted 5-0. Selectman Mahana made a motion to insert an article designating Oak Street as a senic road, seconded by Selectman Caponigro. Voted 5 -0. Selectman Delong moved that the warrant for the Speccal Town Meeting be closed. =seconded by Selectman Caponigro. Voted 5 -0. Selectman Mahana noted that he has seen an excessive use of town vehicles and cited some instances where he savy the truck parked and the person run in the store for the sunday paper. Selectman Mahana noted that he attended a meeting in Boston with the police Chief regarding the raise inthe drinNing age and feels that the Chief should !update the board on this. Selectman Caponigro noted that in reading the minutes he noted that they did not compliment Selectman DeL-ong for the fine job that he did as Chairman and that he worked very hard. Selectman Caponigro moved that we get a small plaque for Selectman De Long with a gavel on it,to present to Selectman Delong from the Board. Seconded by Selectman Caponigro. Voted 5-0. The Board also voted to give a plaque to Selectman Clemmey. Motion by Selectman Caponigro. Seconded by Selectman Avery. Voted 5 -0. Selectman Mahana noted that regarding the commuter rail, we will always have to work to keep the railroad opened and feels that we should charge a fee for out of town parkers and presented the board with a breakdown on how this could work and what could be charged. Selectman Caponigro asked the Town Manager to look into this further and see if a system can be established for a sticker system. Selectman Caponigro feels that we should have the department heads in once every 4 months or at least a couple of times a month. Selectman Avery thinks that the suggestion is a good one. It was decided that the department heads will meet with -12- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting March 28, 1979 � Page 13 the light department the third Wednesday of the month during the months they will be asked to come in. There being no further business the meeting adjourned at 11:20 p.m. -13- �5 A;_ S,.& TOWN ®F° MANSFIELD V TO: Town Manager MASSACHUSETTS FINANCE COMMITTEE March 21, 1979 OFFICE AT 50 WEST STREET The Finance Committee, in preparing for the upcoming Annual Town Meeting, has spent a considerable amount of time attempting to reconcile last year's appropriations and the calculations of the tax rate for Fiscal 78 -79. After long review, it is our belief that a substantial error was made in the establis- ment of the current tax rate. In summary, we estimate the tax rate should have been established at $77.80 rather than the current $89.60 - a difference of $11.80. Attached for your review and study are supporting documents which show our revised calculation of the tax rate. These documents have been discussed with peat Marwick, and based upon a surface review, they concur that appropria- tions appear to have been overstated in the original calculation. Vie request that you review these documents with the appropriate town employees and with the State, and report to us your findings and recommendations. If, in fact, it is confirmed that an error was made, your discussions with the State should deal with the question as to how some or all of the excess monies raised through the current tax levy might be utilized to reduce next year's tax rate. As you will remember, we encountered a similar problem last year, although the dollars involved were far less substantial. At that time, it was agreed by all parties concerned that the tax rate recapitulation form would be reviewed with the Finance Committee prior to submission to the State for certification. Unfor- tunately, this was not done. If this policy had been adhered to, we feel the above mentioned problem would have been avoided. we consider this to be an extremely urgent and serious issue, and we would appreciate a response no later than March 28. Attachments cc: Board of S01eckmen Town Clerk Assessors Town Accountant