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HomeMy WebLinkAboutBOS MINUTES 8-22-1979U BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Beeting August 22, 1979 Present: Selectman Robert M. DeLong, Frank Colella, Lyman C. Avery and Norman Mahana. Town Manager William P. Metropulos. (Selectman Antonino arrived after approval of warrants.) The meeting was called to order at 7:30 p.m. A warrant in the amount of $73,773.14 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 4 -0. A Revenue Sharing warrant in the amount of $1105.00 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 4 -0. A Revenue Sharing warrant in the amount of $22.66 was noted. This was ap- proved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 4 -0. Selectman Antonino Caponigro, Jr. 'arrived at the meeting. The minutes of August 15, 1979 were noted. Selectman Avery noted that on page 6, 4th paragraph from the bottom he would like to add that the Town Planner also be notified. Selectman Colella noted that on page 4, 4th paragraph from the bottom it is recordedthat he was not present for the vote and he was, and would like the minutes to reflect this, this was agreed to by the Board. The minutes were then accepted with corrections on a motion by Selectman Colella, seconded by Selectman Caponigro, Voted 4 -0 -1 (Selectman DeLong abstained because he was not present for the meeting). Correspondence A report from the police department was noted with report of one disturbance during the week at a local liquor establishment. A memo from the Town Manager was noted to all departments that would be involved with improving Memorial Park. The Town Manager scheduled a meeting to discuss this on Thursday, September 27, 1979 at 7:30 p.m., with all departments. Correspondence was noted from the Office of Energy Resources announcing a new program providing FEDERAq MATCHING GRANTS for energy conservation in qualified public schools, institutions and buildings. A memo from the Electric Light Dept. was noted regarding an informational meeting to be held at the Town Hall on Thursday, August 30 at 7:30 pm. The meeting will be to discuss future power supplies for Mansfield. A letter from the Fire Chief was noted in reference to the license application for the Kirley Fuel & Supply Co. Copy of.a letter, to +Peter' Bent•;41'.North -St; was noted from Office Manager, Diane Dubuc relative to non - payment of electric bills and disregard of the arrangment voted by the Light Commissioners on June 13, 1979. Mrs. Dubuc in a memo to the Selectmen noted that she is looking for direction from them on what to do nova. -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS ( Mi,nute.s, of the Meeting August 22, 1979 Page 2 Selectman DeLong referring to the letter sent to Peter Bent, made a motion that the light department manager be instructed to inform Mr. Bent assuming that she has not heard from him by August 27, 1979, that his power will be shut off on * Septembers 4, 1979. Seconded by Selectman Caponigro. Voted 5 -0. Selectman Mahana noted that he feels that the Board has been more than lenient on this account. Selectman DeLong then made another motion to be added to the first one that the power be shut off September 4, 1979 unless terms of the agreement made with Mr. Bent on June 13, 1979 have been brought up to date. * Seconded by Selectman Mahana. Voted 5 -0.. The third Legislative Report for 1979 was noted from Representative Leon Lombardi. . Selectman DeLong noted that he would like to see a summary of the acts so.that we can determine what they are all about. Selectman DeLong asked the Town Manager to write a letter to Representative Lombardi requesting this. Correspondence was noted from SRPEDD regarding HUD monies available for small cities and towns to fund low income housing - $8 million in monies is available. The Board noted that this should be turned over tb the Town Planner. Nancy R. Smith, 94 Mill St., Mansfield met with the Board to acquaint them with ( a new organization in town known as the Women's Resource Cooperative, a "self - help organization to discover what needs and interests women in Mansfield may need.. The organization is sponsoring a Health Fair on Saturday, September 15, 1979 on the South Common The organization is requesting public endorsement of the Health Fair and requesting that the Selectmen declare September 15th, "'Help Yourself to Health Day" in Mansfield. The Board questioned Ms. Smith about the organization, host it got started and who will be involved in it. Selectman DeLong noted that if she wants the Board to endorse it he would like to know who is in.the organization and who endorses it and would like to have her submit names for,_ references or have lettersaof re- ference sent to the Board, Ms. Smith noted that she will have Rev. Congdon - Martin of the First Baptist Churdh send a letter and will ask Peg Maddox, of the Sturdy Memorial, Public Relations, to send a letter of support. George Glaropoulos, owner of Glaro's Inc. 660 East St., met with the Board re- garding an investigation made at his retail package store, as the result of an investigation by two ABC officials that Mr. Glaropoulos had extended his business into the store next door without petitioning for a change in the existing license. Mr. Glaropoulos informed the Board that this was true, the reason he did this was to help the businessman next door whose business was failing and did not realize that he had to have,his license changed. The Board told him that in the meantime he will have to lock the second door into the business until he re- ceives the new license. Mr. Glaropoulos noted that he will do this and come down to the Town Clerk's office tomorrow and reapply. WRCC 128- Grace Genatossio, the Town's representative to this Committee met with the Selectmen to update them on the status of meetings that she has attended. At the June 27th, meeting held in Stoughton, council members voted to accept the Evaluation Committee's recommendation on the proposals. Two of the five bidders were eliminated. However, there was not a quorum present and action was deferred until a majority was present. -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 22, 1979 Page 3 The three top bidders are HOP, Wheelabrator -Frye and Widner & Ernst and they are being evaluated in the areas of management, enviroment, technical & economic. A main consideration in these proposals is cost. Tipping fees vary with tonnage and therefore, the more communities involved the lower the tipping fee The Bureau of Solid Waste will begin visiting with member communities to get support for this project. They want to make sure the communities interested will be ready to get involved when a contract is drawn up. We in the Town of Mansfield have to decide whether the process is valid and if there is a need for the facility. The Board told her that it would depend on the cost. Selectman Mahana notdd that he was looking into glass recycling and Grace noted that this is one the of the things that the League Is working on also. The Board asked Grace to look into the Plainville operation also, she noted that the Town of Stoughton is still the location they are looking at however they don't have a firm commit- ment from Stoughton. Correspondence from the Dept. of Revenue was:- noted notifying the Board of the amounts estimated to be received by our town during the fiscal year ending June 30, 1980. Town Manager's Report The Town Manager noted that he received a letter complimenting water department personnel in the way they handled a problem they had at their home, 149 Court St. The Town Manager informed the Board that the Jayeees are- going to use the grain mill for their "Haunted House "project this year. The Town Manager informed the Board that we have received the contract from Whitman & Howard to do the water rate study. A letter was received from the State regarding reducing the speed limit on a section of Rte. 106 leading to the newly installed lighta,;at 106 & Franklin St. The State will send someone down to inspect the area and then make a recommen- dation.0 Correspondence was noted from the Office of Energy with an application form to fill out for the setting up of a meeting. However, we have to be able to guaranteea minimum of 100 people for a seminar. Grace Genotossio and Diane Mangiaratti noted that as members of the League of Women Voters they would be happy to make .:up posters advertsing this. The Board thanked them for their support. Board Reports Selectman DELong noted that it was sug a sign be put up to indicate to people to wait for the light to turn greeifor Thomas St. However, the Town Manager change the traffic regulations because light turning onto Thomas St. also. jested to him by one of the patrolmen that Using No. Main St. that they do not have them to take the left hand turn onto felt that the new traffic pattern does not cars coming from 106 will have the green Selectman Mahana wanted to know if the arrows in front of George's cleaners can be knocked out or if the middle line can be repainted. The Town Manager feels that there should be no parking on either side of George's cleaners because trailer trucks have a hard time making the turn from So. Main St. onto West St. -3- BOARD Of SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 22, 1979 Page 4 Selectman Mahana noted that he would like to see if something can be done about raising monies for x -mas decorations,.possibly donations. Selectman Caponigro feels that the light department should donate the lights. The Town Manager feels that it should be left up to the taxpayers to vote for this each year . Selectman Mahana noted that he would like to see if we can get some of the contractors in town donate trees instead of burying them when they are building in town. Selectman Avery noted that last week we discussed town vehicles, and it was positively ..stated that these vehicles are not to be used for stopping at restaurants, stores, etc. and would like the Tot-in Manager to send out a memo to the department heads on this. Selectman Avery asked the Town Manager if the signs on 106 have been put up yet. The Town Manager noted that he just came by the area an no signs have been put up, they were suppose to be in last week. The Town Manager will check with the Town Engineer tomorrow on them. The Board recessed ast this time, 8:40 pm -for ten minutes. Back in open session at 8:50 pm :ithe Board met with the Board of Health to discuss any problems with the new rules and regulations of the landfill. Members of the Board of Health, Sandra Holske, Francis Gasson, Edward Tartufo, Stanley Sohn, and Karl Clemmey met with the Selectmen. Selectman Avery noted that he called this meeting to discuss any problems that the Board of Health may be having with the new rules and regulations of the landfill since they have been in effect July 1, 1979. Selectman Avery noted that this all came as a result of a couple of local businessmen who attended the Selectmen's meeting last week. Selectman Avery noted that he was also infomred that the Board of Health was meeting last week to discuss some of the problems with fees and special permits, and wanted to know if any corrections have been made in the rules and regulations. Sandra Holske, Chairman of the Board of Health noted that when the new rules and regulations were first drafted they were not perfect, and problems were expected which they hoped to iron out as they came up. Sandra noted that she would like to have Karl Clemmey give a little background on the landfill which led up to the drafting of these new rules and regulations. Karl noted that in 1973 the State required that the Town file a plan which they did. In 1978, the State rewrote the regulations and in 1979 the Town filed a new plan for approval. As of March 1979, 800 cubic yards were being disposed of weekly between industrial and residential dumping. The Town hired Dunn Engineer- ing and Mr. Dunn sat down with the DEQE and came up with a new plan consisting of 3 phases. Phase 3 is being worked on, phase 1 is filled and phase 2 is almost filled. Right now there is enough room left until March 1980, when a new plan will have to be filed. Also the road leading into the landfill is going to be changed to conform with the new operational plan filed. However, as far as any maendments to the present rules and regulations, there are none, if any changes are to be made these would have to be published in the paper for at least two weeks. Also, Karl noted that Thom Bonome claims he is not having -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS ( Mlnutes.of the Meeting August 22, 1979 ( Page 5 any Problems. The regulations are still the same as approved on July 1, 1979. $electma,n DeLQng questioned, "what is wrong with the present regulations "? Sandra noted that one contractor came into their meeting last week and wanted to know if he could have a sticker for each vehicle, and also wanted to know if he is considered a small business or does he come under the special permit.. Sandra also noted that the people don't realize how lucky they are that every other town in the. area has been charging fees to get into their landfills for years. One problem, Karl noted that the Board of Health wants to discuss would be local contractors doing work for residents, they feel that some consideration for the resident should be shown since they pay taxes and should not have to be charged for the special permit (the cost of the permit being passed onto the resident). Selectman Debong still questions what is wrong with the present regulations and feels that the present regulations spell out who is condidered a small business and would come under the special permit. Fran Casson noted that one of the problems that the Board also 4'.ants to discuss is %zton and 3/4 ton trucks because under small business it stipulates a pickup truck. Sandra noted that she feels the main pproblem is the fee. Ed TartGfo noted that he does not feel the fee should be the concern, the Town is not looking to get rich from the landfill... The urpose of the new rules and regulations j was to save the landfill. Sandra noted that they are looking to make the landfill self - sufficient, Selectman Avery noted that he does not see any problems with the regulations, and does not know. of any hardship cases as far as the fee goes.. The Town Manager noted that it was his understanding that a small business were those businesses in the general downtown area . such as, restaurants, hair- dressers, etc, who take their own trash down to the landfill, and not small businesses that do contract work.. Fran Gasson noted that the question seems to be "what is a small business". Selectman Del,ong feels that this is all defined in the rules and regulations "those businesses described in the zoning -by laws as downtown businesses".. Sandra noted that due to the fact that the Board of Health is still on summer schedule no changes have been discussed or published regarding the regulations but whon,the Board is back on full schedule this will be their first priority. Karl noted that he also wanted to mention that when the Board of Health was holding meetings on the new rules and regulations no one from the Town attended any of the meetings for input, Selectman Avery noted that the meeting tonight was not to oppose or tell the Board of Health that anything is wrong with the regulations but just to hear if their were problems and to see if any changes had been made.. Another item that Selectman Avery wanted to discuss was a letter received by the Board, from Ed Tartufq and Stanley $bhh regarding,pq�sible .violations of -5- ( BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting ( August 22, 1979 Page 6 the Board of Health's rules and regulations by one of the members of the Board of Health. Ed Tartufo noted that it had come to his attention one day while up at the Town Clerk's office in looking over the book of permits that have been issued, that Karl Clemmey was issued 2 permits and he is not in the area specified under the rules and regulations for a small business. Karl noted that at the following meetings.of the Board of Health, 2/14,' 3/7, 3/15, 3/28, 4/4 and 5/2/79 there was a discussion as to whether or not his business would be affected, Karl noted that he never thought that his business would be affected and it was brought up many times, what would be done if a small business is in an industrial zone. The Board of Health at the request of Sandra was polled later on in the meeting by Selectman Avery as to whether or not they remember this being discussed since they could not produce proof of it in the minutes as requested. Karl, Sandra, and Fran noted that they remember it being discussed, Ed and Stanley Sbhh noted it was discussed but nothing was ever resolved on it. Karl also noted that Dr. Sohn did not sign the present rules and regulations because he did not agree with them at that time. He also advised that the Board (Selectmen) take the book from the Town Clerk's office and go through it and they would noted that he is in accordance with other small businesses that have been issued permits. Karl still maintains that he is a small business, that he does not have a dumpster and that he takes his office trash to the dump and that he only has five (5) employees working for him. Selectman DeLong noted that he does not agree with Karl, that he is in the industrial zone and the character of his business does not relate to the general downtown .;businesses outlined in the regulations. Sandra noted that he falls under the first paragraph on page 2, ''or those of a similar nature so allowed by the Board of Health ". Also that this was brought up at their meeting when it was thought that Karl might be in violation of the rules, Selectman Avery noted that the regulations say, if °the Board of Health allows it, it is permissible. If they don't then it is not permissible. Selectman Avery noted that he is interested in %-that both Karl and Sandra said, that when the rules and regulations were drawn up Karl discussed whether or not hits business would be involved and Selectman Avery again asked that this be read from the minutes. Karl then noted that he is not sure whether it is in the minutes or not. Karl noted that according to what-Selectman DeLong is saying, small businessess would be eliminated other than those in the general downtown area. Where do you drawn the line, noted Karl on small businesses -, Ed Tartufo noted that list could be compiled from the zoning -by law map of what each zone allows for a certain type of business. Karl still wanted to know why this dial not come up during discussion of the regulations and if the Board of Selectmen feels that he is mviolation of the rules to write him a letter: M BOARD OF SELECTMEN /LIGHT COMMISSIONERS ( Minutes of the Meeting_ August 22, 1979 ( Page 7 11 1 Selectman Avery noted that since the Board received a complaint of a possible conflict of interest they have to act on it, and make a decis ion. Selectman Mahana noted that any member of a board or committee especially one powerful] enough to write rules and regulations, should make sure they adhere to the rules and regulations that they make, it should 6ot-be -do as I says not as I do. Selectman Avery also noted to Karl that he should try and find this discussion in the minutes. Selectman Caponigro noted that he feels the Board of Health should make the decision to revoke the permit, Selectman Avery noted that the complaint was made to the Board of Selectmen and according to the Charter it is up to the Selectmen to make the decision as to whether or not Karl is in conflict of interest. Karl wanted to know where he is in conflict of interest and it the letter states that he is in conflict of interest. Selectman Avery read the letter aloud which stated "might be in violation of the Board of Health's rules and regulations ". Selectman DeLong then made a motion that a regis Clemmey advising him that the Board of Selectmen the Board of Health because of violations iii the Board of Health, also that the letter be checked * Counsel for the correct legal wording. Seconded Selectman Caponigro opposed) tered letter be sent to Karl is considering his removal from rules and regulations of the before it goes out by the Town by Selectman Mahana. Voted 4 -1 Selectman DeLong feels that Karl should have gone before the Board of Health before he received the permits. Their being no further business, the meeting adjournd&ht 9:45 pm -7-