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HomeMy WebLinkAboutBOS MINUTES 7-18-1979l BOARD OF SELECTMEN /LIGHT COMMISSIONERS AGENDA JULY 18, 1979 7:00 p.m. - Call to Order Executive Session Labor Negotiations Warrants Minutes - July 11, 1979 7:45 p.m. - Light Commissioner's Meeting 8:15 p.m. - Leon Lombardi 8:45 p.m. - Mike Davies - Carlson Corp. RE: Street opening permit for Codex 9:00 p.m. - George Dustin, Royal Pa.triquin and Francis Bruno - RE: Gloria Columbo Hall Vincent D'Agostino (Gasohol) Clerk's Folder Correspondence Town Manager's Report Board Reports PENDING ITEMS Traffic Lights at Franklin & 106 Traffic Lights at Rt. 140 & Forbes Job Classifications Back Bay Brook Phase 3 Water Rates Foxboro Mall (Traffic Pattern) Sanitary Landfill Oak St. Culvert Railroad Station Parking BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 2 i A motion was then made by Selectman Caponigro to reconsider the motion made at last week's meeting by Selectman Colella to have Mr. Sarro pay $25.00 only on the bill. The motion was seconded by Selectman Colella. MOTION FAILED 2 -2 Selectman Avery and Mahana opposed. (The bill in question is $66.00) Selectman Colella then made a motion that Mr. Sarro pay only $30.00 of the bill. Seconded by Selectman Caponigro, Jr. MOTION FAILED -2 -2- (Selectman Avery and Mahana opposed) Selectman Colella then made a motion that Mr. Sarro pay only $40.00 of the bill. Seconded by Selectman Caponigro, MOTION FAILED 2 -2 (Selectman Avery and Mahana opposed) Mr. Sarro then noted that he intends to take this matter to court and insist that he still will not pay the bill. Selectman Colella then made a motion that this Board waive termination of electricty until Mr. Sarre goes to court, seconded by Selectman Caponigro - Discussion: Selectman Mahana asked Selectman Colella if he would be willing to do this for all residents of the Town, Selectman Colella noted that it would depend on each individual case. MOTION FAILED 2 -2 (Selectman Avery and Mahana opposed) Selectman Avery noted that the Board has a policy , if the policy is not going to be followed then it should be dropped. No further discussion followed on this. Street Lights for Bristol Arms A letter was noted from Bristol Arms Management Co., Inc. requesting street lights on Eric Road and Bonney Lane. However, Mr. Hall noted that under the Mansfield Subdivision Regulations "The Light Department would not install street lighting and the single phase pole tie transformer. The developer would be required to furnish street lighting equipment in accordance with the specifications of the Mansfield Light and Power Department. The Light Department would install this equipment on the light poles ." A motion was then made by Selectman Mahana that Bristol Arms Management Co., Inc. furnish the equipment and the Mansfield Light Department will install it. Second- ed by Selectman Caponigro. Voted 4 -0. Leon Lombardi Representative Lombardi met with the Board per their request to discuss the Acts and Resolves passed by the General Court in the 1979 session and signed into law by Governor Edward J. King. Representative Lombardi noted that he would update the Board on the Transportation Bill. The Acts discussed by Representative Lombardi were as follows: Chapter 77 - Exempting summer police officers in certain counties from the pro- visions of the Civil Service Law: from May 1 and ending September 13th, this position shall be deemed to be a seasonal positon and excempt from the Civil Service Law. Chapter 105 - Disposal of Rubbish - Fine for disposal of rubbish, trash, refuse, etc. on public roads, costal or inland waters changed from not more than $200. to not more than $1000 and not less than $200. -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Present: Selectman Lyman C. Avery, Norman Mahana, Antonino Caponigro, Jr. Town Manager William P. Metropulos. (Selectman Colella arrived at 7:30 p.m. Selectman Robert DeLong is on vacation. The Board met in Executive Session at 7:10 P.M. to discuss labor negotiations. Attending this meeting was Police Chief D'Afile and Paul Kenney of Murphy, LaMere & Murphy. (Executive Minutes prepared separately) The Board returned to regular session at 8:00 p.m. A warrant in the amount of $166,530.68 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 $5,978.00 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 4 -0. Minutes of July 11, 1979 - Corrections - page 1 - strike out the word "unaimously" on the Finance Committee vote, page 5 - spelling error and page 7, Selectman Caponigro moved that the warrant be closed and not Selectman Avery. Selectman Colella also noted that he wanted the minutes to reflect that he was not late as recorded . Selectman Caponigro made a motion to change the minutes noting that Selectman Colella was not late. Seconded by Selectman Mahana. Voted 3 -1 (Selectman Avery opposed.) The minutes were then accepted on a motion by Selectman Colella, seconded by Selectman Caponigro. Voted 4 -0. Light Commissioners Meeting Light Plant Director, James Hall met with the Board to discuss an overdue bill of Fred Sarro, Maple Street. Mr. Sarro was also present. Mr. Sarro noted that no one has been able to explain to him the reason for this high billing. The bill in question covers a period during the months of February and March. Mr. Sarro noted that during most of this billing period there was no one at home. Mr. Hall noted that his department did everything possible to check out the meter and on a re- quest from Mr. Sarro had another meter installed, both meters checked out as being correct. Mr. Hall then pointed out in looking over his account that the previous month had a very low reading which was probably cause by incorrectly reading the meter (an error) and that this "error" was picked up the next month and over a six month period the average useof killowatts is reasonable. Mr. Sarro noted that he cannot understand how his bill could have jumped so high when all he had installed was an electric water heater, he still has the same appliances. he had prior to having this hot water heater installed. Mr. Hall then questioned Mr. Sarro as to who installed the hot water heater and if the wiring was checked out, Mr. Sarro noted that Mucky Day installed it and Robert Mei check the wiring out. Mr. Hall noted that he could not find a permit for it in checking out records in the building department. Mr. Sarro assued him that our wiring inspector Bob Mei checked it out. l Regarding the hot water heater, Mr. Sarro asked if the installation of the hot water heater could cause his bill to have increased about 1/3 more than before in- stallation, and Mr. Hall along with Selectman AVery assured him that electric hot water is very expensive, Infact Selectman Avery said that's the reason he doesn't have it anymore. -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Mtnutes of the Meeting July 18, 1979 Page 3 Chapter 117 - Relative to notice requirements in certain zoning matters. Changing "owners of land" to read "parties of interest" and notification of a zoning change to "abutters to the abutters" within 300 feet of the property line of the petitioner. This will narrow the scope of who will be notified. Chapter 151 - Tax Cap - Leon noted that this did not need explaining since we just experienced it with our Town Meeting. Chapter 172 - Further clarifying the law regarding parents liability for will- ful acts of minor children, under the age of eighteen and over the age of seven. Parents will be liable in a civil action for any willful act committed by said child which results in injury or death to another person or damage to the property of another, cemetery property, or damage to any state, county or municipal property. Recovery under this section shall not exceed $1000. for any such cause of action. Chapter 194 - Certain procedures for cities and towns paying final judgments. Leon noted that he was proud of this one because he filed this bill. Payments of final judgments and awards or orders of payment approved by the industrial accident board may with the approval of the director of accounts be made from available funds and does not need a town meeting vote, just the majority vote of the Board of Selectmen. Chapter 211 - Authorizing cities and towns to charge persons for use of the am- bulances. Leon noted that this chapter will establish a revolving account for ambulance payments and not be turned back to the general fund. Chapter 233 - Defining entrances to polling places. No posters, cards, handbills, placards, pictures or other ciculars intended to influence the action of the voter shall be posted, circulated or distributed within 150 feet of the building entrance door to the polling place. Chapter 247 - Relative to changing the date of certain town elections and annual town meetings, for the year 1980. If the date for the holding of a town election falls within 30 days before or after the presidential primary, a date between February 1 and May 31 may be established after consultation with the Town Clerk and a majority vote of the Selectmen, for the holding of a town election and the town meeting. Chapter 122 - Authorizing a designee of the commissioner of the DEQE to take certain actions pursuant to the Wetlands Protection Act. The only change here is the addition of "or his designee ". Transportation Budget Leon noted that funding for the mass transportation has been increased from $2 million to $3.4 million if signed by the governor. Lanquage has been provided, that the local level's share will not be more than what it has been. Mansfield will not pay any higher than last year, however, the exact figure is not known, it could be less. It is not yet knownif the $3.4 million will allow the'state to pi.ck up the entire assessment. -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 4 r Leon noted that the plan the governor had in sending out checks to each taxpayer has been dropped and this money ($166 million state aid) will be sent back to the cities and towns for tax relief. However,Leon noted that the SEcretary of Administration and Finance with verification by the chairman of the House , Ways and Mean committee will have a blank check on how the money is to be allocated. The $166 million is derived from 50% lottery and 50% under Chapter 70 for school aid. Mansfield's share under the 50% lotteryand 50% chapter 70 funds will be $125,489 and $86,914, plus whatever we receive for local aid. Leon noted that the first transportation bond issue filed has been defeated due - mainly to inflation, the increase in gasoline and less consumption of gas being used. Passage of this bond issue is important to Mansfield for completion of 1 -495 and improvements at the Mansfield Airport. The Airport was to receive $190,000 and $80,000 in Chapter 90 monies, over the next two years, for improve- ment of town roads. Commuter rail will also benefit from this ih $10 million for new coaches, $5 million for renovation of bridges and $1 million for the building of salt storage sheds. The Town Manager noted that he applied last year for fund- ing for a storage shed and was turned down, Leon noted that the Town of Easton received it , Leon suggested that the Town Manager try again this year. Street Opening Permit - Mike Davies, Carlson Corp. met with the Board as a result of a street opening permit request at last week's meeting that was not approved. The permit is for Codex Corp. to interlock their three buildings on computer. Mr. Davies noted that he just received the contract on this three weeks ago and was not aware of the problem, (the problem is that the Selectmen are not in favor of having the newly paved road cut up), Mr. Davies had with him a copy of the plans and the Board looked them over. Mr. Davies noted that the job would cover about 70 feet of road, that he intends to do a "good job" and has re- ceived instructions from the highway director as to how he wants the patch job done. Selectman Avery asked Mr. Davies "what would happen if we deny the permit?" Mr. Davies noted that Codex could not use the building for what they intended and would lose about $10,000. Selectman Mahana then made a motion to approve the permit, seconded by Selectman Caponigro. Voted 3 -0 -1 (Selectman Colella abstained) Gloria Columbo Hall George Dustin and Francs Bruno former Selectmen met with the Board per their request, Attorney Americo P. Day was also present. Selectman Avery read a letter from Royal Patriquin who was also asked to attend and could not make it. The meeting was called to clear up a cloud in the deed as a result of a town meeting vote back in 1955. The Gloria Columbo Hall is in the process of being sold and Attorney Day wants the deed clarified. A condition at that time was that the land be used only for lodge purposes and if no such lodge was built by January 1958, the land would revert back to the Town of Mansfield. The Board requested the former Selectmen,active at that time to come in and give their expla,inatim of what this clause meant. Mr. Bruno noted that at that time this condtion was built in to prevent selling the land for a profit because they did not feel this would be right but it was not intended for future purposes, when the lodge was built this conditon was upheld. Mr. Dustin also agreed with this. Mr. Dustin noted that two appraisals of the land was done at that time, the Sons of Italy had it appraised for $3000. and the Town's appraiser, appraised it for $7000. -4- BOARD OF SELECTMEWLIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 5 It was again noted and agreed by former Selectmen Francis Bruno and George Dustin that once the lodge was built, the condition was met. A motion was then made by Selectman Caponigro that the Selectmen support the article for the special town meeting in August, seconded by Selectman Mahana-. Voted 4 -0. (Selectman Colella let the meeting at this time.) Gasohol Vincent D'Agostino and Ronald Montaquilo met with the Board to discuss GASOHOL Ron opened the meeting and noted that due to fuel allotments being down, future allocations of fuel is uncertain. Most municipalities are down 15% on their fuel allotments. Gasohol, which is 9 parts gas and 1 part distilled alcohol has had extensiveiesting and has shown that it provides a higher octane fuel, more miles per gallon,better performance and cleaner exhaust emissions. Ron noted that what he proposes to do is go to the various municipalites and add the alcohol to their fuel supply and explained to the Selectmen how this would be mixed. They guaranteethat they will come through with 1000 gallons more with this mixture. Bob Pacquin from the audience questioned Ron and Vin if they had ever heard of Viton, a synthetic material used in carburetors and valves which swells up to five times it's original size when gasohol is used. Bob noted that he attended ( a seminar in which a representative of a company that sells items to car repair shops spoke on gasohol. This gentleman travelsextensively and noted that part - cularly in the midwest where this is being used these problems are beginning to surface. Bob also questioned who would be liable if the Town did decided to use gasohol especially on the older vehicles, and problems develop. Selectman Avery noted that he would like to have more information on it and asked Bob Pacquin to bring in anything documented that he has on the subject. Correspondence A letter was noted from the N.E- Telephone Co. requesting that a hearing date be set for the placing of manholes and conduits on School St. The hearing date is set for August 1, 1979 at 8:00 p.m. A speed letter was read from the Computer Advisory Committee requesting that Ed Rosenburg be appointedto the committee to replace James Blake. A motion was made by Selectman Mahana to defer action on this until they have a full board, seconded by Selectman Caponigro. Voted 3-0. The weekly police report was read on disturbances at local liquor establishments during the week. A letter was noted from the Conservation Commission requesting funding for the purpose of obtaining a title search on land the Great Woods Study Committee is interested in acquiring. The request was granted on a motion by Selectman ( Caponigro, seconded by Selectman Mahana. Voted 3 -0. -5- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 6 A memo was noted from the Town Manager, addresssed to the Board of Health on a list of locations where junk vehicles are parked. Along with this memo the Town Manager produced an updated list that he had just received from the police this afternoon of approximately 99 junk vehicles in the East and West Mansfield area. This list will be turned over to the Board of Health. A letter was noted from Fire Chief Thom Leonard commending his men and the help he received from the Foxboro Dept. in fighting the fire on Cla'auncy St. last Saturday. A motion was made by Selectman Mahana, seconded by Selectman Caponigro that a letter be sent to the Mansfield fire department and the Foxboro fire department complimenting them on their swift action in getting the fire under control. Voted 3 -0. A letter was received addressed to Selectman Mahana from Ann N. larrobino of 185 South Main Street in reference to last week's meeting on the Commuter rail parking. Selectman Mahana noted that he spoke to the lady last night and read the paragraph contained in the letter from the MBTA "that the Town of Mansfield may charge for parking (not to exceed .5N per day), and also told Ms. larrobino that neither he nor anyone on the committee imposed to charge a fee for residents. Selectman Mahana noted that he feels he was misquoted in an article printed in the Sun Chronicle. A letter was noted from the Town Counsel regarding the Victory Realty Trust case and would like to have he and Attorney Johnson meet with the Board so that the Board can be updated on what has transpired in the past few months. Selectman Avery asked that they be contacted and asked to meet with them next week. A sewer permit application was noted from Peter D. Girolamo & Sons requesting permission to connect to town sewerage at 119 Central St. This request was granted on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 3 -0. A letter was noted from Joanne Colella, Executive Director of the Mansfield Housing Authority requesting the Board's support on the Chapter 705'program for funding of 10 single - family houses on a scattered site basis throughout the town. She is also requesting that if the proposal is funded, that the Town accept a reasonable payment in lieu of taxes on the properties. Selectman Caponigro moved that we write the letter of support fo rthe funding but accepting a reasonable payment in lieu of taxes will have to be looked into. Seconded by Selectman Mahana. Voted 3-0. A letter was noted from the Commonwealth of Mass. Dept. of Public Works re- garding funding for an expanded bridge replacement and rehabilitation program. Previous highway bills had limited the use of bridge repalcement funds to those bridges on the Federal Aid Highway system. The Town Manager noted that he has turned this over to the Town Engineer and he is looking into it. A letter was noted from the Water Resources Commission regarding a complaint of hazardous waste being disposed of into the ground without treatment at the Sweet Mfg. Co. l BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 7 An application was noted from Robert F. Lynch, 382 Elm Street, applying for the Recreation Commission. Clerk's Folder Kirley Fuel is requesting to store 80,000 gallons of N2 fuel oil. A hearing will have to be held, for the storage of inflammables. The hearing date is set for August 1, 1979 at 8:00 p.m. Town Manager's Report The Town Manager reported that bids for salt were opened at the Town of Medfield. This is a joint bidding procedure with sixteen communities. Bids were opened July 16, 1979, with bids received from three companies. Two bids were received on Solar type salt and one for CC type of salt. The Town Manager and highway director are recommending the CC type of salt at a bid price of $27.40 per ton, because they feel it is a better quality, although it was not the lowest bid, only one of the companies - International Salt Co., Clarks Summit, Pa. put a bid in for the CC type. A motion to accept the Town Manager and highway director's recommendation to go with CC type salt was approved by Selectman Caponigro, seconded by Selectman Mahana. Voted 3-0. The Town Manager noted that Avon Co. took over a spec building and are looking to discharge 72,000 gallons per day. The work involves testing of material which will need treatment, the sludge will be gather in 50 gallon drums. The DEQE has approved it but it will need local permission first. The Town Manager noted that he has contacted Paul Dalton of CC &F to find out where they stand with the balance of their allocation in the wastewater treatment plant. Selectman Mahana approved the increased allocation subject to CC &F's approval and this will come off CC &F's allotment, seconded by Selectman Caponigro. Voted 3 -0. The Town Manager read a news release on the Historical Commission to inform any interested residents in town that may want to submit an application. = Appointments to the Commission will be made August 15, 1979• A workshop on economic development on downtown revitalization will be held next month in New Haven, Ct., this is a 1 -day deal $75.00 package for three. The Planning Director, Town Manager and possibly a third person will attend. The Town Manager noted that figures received as to the additional cost of a new cruiser, based on 80,000 miles is $8,000., this is cost for gas, oil, tires, lights cage, bars and maintenance. The Board feels that this can be postponed for now until the police department has a full force. Regarding the water rate study, a proposal has been received from Whitman & Howard, Camp Dresser & McKee will have their proposal submitted by Friday. The Town Manager noted that the sign at Rt. 140- Mansfield - Foxboro town lines has been removed. -7- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting July 18, 1979 Page 8 Board Reports Selectman Caponigro wanted to know when it would be a good time to arrange a meeting with the Board and architect to discuss the town hall roof. The Board noted that anyday around 5 p.m. except Wednesdays, would do. The Town Manager noted that he would like to be excused from next week's meeting to attend a clambake put on by MEAN with Jim Hall. Selectman Mahana noted that he would like the Town Engineer made aware of the letter from the MBTA and that he be available to do cost estimates. Selectman Avery noted that he has been made aware of a petition going around against Delta Projects , the petition is claiming that this house will be for alcoholics and drug abusers. Selectman Avery was informed that a representative from Delta Projects, will meet with the Board next week. Selectman Avery noted that he took a ride in the new mini -bus tonight and that it is a very nice vehicle. Selectman Avery noted that relative to sidewalks in town, that people who take care and clean their own sidewalks should be commended, likewise, people who let their property go and become like a dump should be asked to clean it up. Selectman Avery informed Selectman Mahana that he pulled down 4 yard sale signs on Sunday. Selectman Avery also read the last part of the letter from Royal Patriquin on the status of the Keach Honor Roll. Mr. Patriquin noted that Beggs Monument Co. is having problems with stone cutters who have been ill and othewise committed, how- ever, final payment is being held up until the work is done. Selectman Avery questioned how much money is being held, and suggested that the Town Manager get in contact with Mr. Beggs. Their being no further business, the meeting adjourned at 10:30 p.m. T:11