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HomeMy WebLinkAboutBOS MINUTES 8-29-1979BOARD OF SELECTMEN /LIGHT COMMISSIONERS AGENDA August 29, 1979 7:30 p.m. - Call to Order Warrant Minutes of August 22, 1979 Clerk's Folder: Signing of Committee appointment forms Correspondence 8:00 p.m. - Hearing on All Alcoholic License for Tang Sz Corp dba Cheng -Du Rest. 8:15 p.m. - Hank Texeira - CETA David Clemmey Town Manager's Report Board Reports Job Classifications PENDING!!!!! Traffic Lights at Franklin & 106 Traffic Lights at Rt. 140 & Forbes Job Classification (tonight's meeting) Back Bay Brook Phase 3 Water Rates Foxboro Mall (traffic pattern) Sanitary Landfill Oak St. Culvert Railroad Station Parking New Downtown Traffic Pattern i Meeting tomorrow in Boston regarding changes in Civil Service laws Meeting tomorrow night here at the Town Hall 7:30 p.m. Nuclear Power BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes',-of the Meeting August 29, 1979 Present: Selectman 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. A warrant in the amount of $351,217.02 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 5 -0. A warrant in the amount of $2,523.08 was noted. This was approved on a motion by Selectman Mahana, seconded by Selectman Colella. Voted 5 -0. The minutes of August 22, 1979 were noted. The minutes were approved on a motion by Selectman Caponigro, seconded by Selectman Mahana. Voted 5 -0. Clerk's Folder Applications of appointments to the Historical Commission were signed by the Selectmen. Correspondence A transfer request in the amount of $808.75 to Account #582 -0 was noted for payment to the contractor for the lights installed at 106 & Franklin St. This was approved on a motion by Selectman Mahana, seconded by Selectman Caponigro. Voted 5 -0 A letter was noted from the Norton Conservation Commieeinn-regarding whether the Wetlands Protection Act was applicable to the sewerage plant site and sludge landfill area of twenty -five acres. The Commission has determined that the majority of the site and its proposed construction project is ap- plicable to the Wetlands Protection Act and a Notice of Intent must be filed for this particular site. The Board suggested that this letter be turned over to the Town Planner. Copy of a!letter from the Mansfield Conservation Commission was noted regarding restrictions for the Mansfie e eague o e included in the contract between the League and the Conservation Commission for development of Little League fields on the Sweet conservation land on Otis Street. The Selectmen responded to this letter later on in the meeting under their Board Reports that they each would like a copy of this to review and comment on for their next meeting. Letters of reference for Nancy R. Smith, Women's Resource Cooperative were noted from Diane B. Mangiaratti, Herb Harnden, Jr. Sherwood Medical and Rev. Congdon - Martin as requested by the Board at last weeks meeting. Ms. Smith is. requesting that the Selectmen declare September 15th, "Help Your- self to Health Day in Mansfield. Selectman Mahana made " at Motion that the Selectmen publicly endorse the Health Fair and that September 15th be delcared "Help Yourself To Health Day" in Mansfield. Seconded by Selectman Caponigro. Voted 5 -0. -I- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting ( August 29, 1979 Page 2 A report from the police department was read regarding disturbances at local liquor establishments during the week. One such incident was reported for the week. A letter was noted from the Finance Committee addressed to the Board of Assessors that they have not yet received pages one and two 6fi the tax rate recapitulation form. The Town Manager noted that the State is contemplating changes in the schedule and recap sheet and the new form will be coming out Friday, 8/31/79. A bill from the Town Counsel was:,nbted in the amount of $303.15 for a court case of the building inspector vs. John Cotterill and Ronald Beland. At last week?ls meeting Selectman DeLong, referring to a letter from Representative Lombardi, asked that he send us a copy of the Acts passed and signed into law by Governor King. In requesting th:i -s information from Leon, his aide Lynn Pickover it noted that it could be done but that it would be a big job and if the list could be narrowed down to specific Acts. It was decided that we would contact Leon and ask that he send us a copy of the bills itself. A letter was noted from Attorney Charles E. Bennett, advising the Selectmen that his client Karl D. Clemmey is requesting a public hearing and in addition, requesting a detailed statement of the cause or causes for his removal from the Board of Health. Selectman DeLong noted that the Board is dissatisfied with his perfor- mance as a member of the Board of Health because he violated the rules and rdgulati'ohtcof,theilandfi:l.l, :hi.s.busi.ness does not conform with the rules and regulations of the Board of Health and he did not go before the health board for approval for an exception to the regulations. The Board has scheduled, Wednesday, September 12, 7:49 p.m. as the date and time for the hearing. A letter was noted from the Town of Wrentham, requesting any information that vie might have regarding a physical fitness program for employees. The Town Manager answered the letter. A letter was noted from the Town of Wrentham, requesting any information that we have on fees and expenses budgeted for the dog offioer. The Town Manager answered this letter also. A letter vaas read from James Hall, Light Plant Director, addressed to Mr. Harold F. Bertolucci, Department of Public Utilities, responding to Mr. Bertolucci's letter of August 22, 1979. Mr. Bertolucci noted that in the 1978 annual returned fileioansfield's earnings exceeded the statutory limit of 8%. Mr. Hall answered that due to numerous difficulties during the calendar year of 1978 i.e. billing machine breaking down, computer conversion the department could not project in advance the estimated rate of return for 1978, but the department does intend to retain the same rates as implemented Ju3y 1, 1975. A letter of resignation from Margo Fisher, resigning from the Coundi };'on Afing was noted. Selectman Caponigro made a motion that a letter of appreciation be * sent to Margo from the Board, seconded by Selectman Mahana. Voted 5 -0. A letter was noted from Connie L. Johnson, thanking all members of the Board of Selectmen for approving her appointment to the Historical Commission. -2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 Page 3 A letter from the Secretary of State Was noted outlining a simple program for a voluntary gasoline conservation plan for Massachusetts. It asks Massachusetts' drverss to take their cars off -the road one day a week, every week, and to attach a bumper- sticker to their car to indicate which day they will leave their car at home. Bumper- stickers are available upon request. The first annual meeting of the Mass. Municipal Association will be held on October 26 -28 at the Radisson Ferncroft Hotel in Danvers, MA. A letter was noted from the Town & Country Fire Department,r;they would like to contract with Mansfield in supplying a fire department. The Town Manager responded to the letter requesting more information. PUBLIC HEARING - ALL ALCOHOLIC LICENSE - CHENGFDU RESTAURANT Chairman Avery delcared the hearing opened at 8:00 pm. Clerk Mahana read the notice of the hearing that was posted in the Mansfield Nevis. Attorney Robert Mangaratti representing the Tang -Sz Corp. introduced himself, Mr. Tang, owner and Allan Hersh, Corporate Manager. Attorney Mangaratti presented a Clerk's Certificate an affidavit of citizenshio-and return receipts from �nrtified letters sent out to the abuttors of the restaurant. Attorney Mangaratti noted that a few months ago he met members of the family and his first impression was that they were very respectable people and will ef- fecti5ely enhance the downtown area of Mansfield w:ith':their business. The reason they waited some time before applying for the liquor license is to see what impact they would make on the community. The reason` for the license will be to serve a beverage to compliment the'meal and do not plan on having a sit -down bar, it will be just to improve the restaurant business. Attorney Mangaratti presented rough sketches of what the bar -will look like and where it will be located. Attorney Mangaratti noted that he spoke to the police chief to see if there have been any complaints and he noted that there were none and anyone that he spoke to had no objections to the license. Selectman DeLong questioned Attorney Mangaratti as to how many people he spoke to and he noted 4 or 5 people in the neighborhood. Select- man Colella wanted to know if all the abuttors were notified and Attorney Mangaratti handed over the "return receipts" to Selectman Colella to look over. Attorney Mangaratti noted that he spoke to Rod Stearns of Stearns and Nick Anagnos of Mansfield Tire who noted that as long as it is a service bar he has no objections. He also spoke to Mrs. Connor of Cottage St., Jack Folan of Folan's Pharmacy and no one had any objections. The hours of operation will be until 10:30 pm weeknights and 11:30 pm on the week- ends. Selectman Avery asked if any of the owners had any comments and Allan Hersh noted that all they want is a service bar, not a lounge in which people will be able to sit dovin and watch T.V.. Selectman Avery asked if this will bo,the limit or will there be a future requestfor a lounge. The plans for the moment is to just have a service bar. Paul Boyden, noted that he owns the property to the rear of the restaurant and is not here tonight to oppose the license but there have been three incidents of vehicles leaving the restaurant going over his property and has had no response to complaints made to the landlord of the building. Initially before the restaurant went in, a barrier (fence) was to be put up. To date this has not been done. -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 Page 4 Also there is a strong odor of chinese food and he has made complaints to the Board of Health about this, Again, Paul noted that he is not against this license however, there should be a barrier put up . There is also a parking problem. Selectman Avery asked Paul if he spoke to the owners about th4s, Paul noted that he spoke to the building inspector and he feels that a barrier should be put up and not at the cost of the Cheng -Du restaurant but at the cost of Mr. Barry the landlord and Mr. Barry has been notified of this. Attorney Mangaratti noted that he was not aware of these problems but will in- vestigateit. The building is under Clark Realty Trust, Mr. Barry is their agent. An unidentified gentleman noted that it would be nice to have a place in Town where you can have a glass of wine with dinner. Rod Stearns noted that he feels they are doing a very nice job running the restaurant and is not opposed to the license aftd,Teeas' that they are doing very well so far serving the Town. Selectman Mahana asked if it is at the Board's discretion to limit the license to a service bar? The answer to this question was yes. Attorney Mangaratti noted that restrictions are at the Board's discretion but there are only so many ways to petition for a license. Selectman Mahana then moved that this license be limited to a service bar with the hours to be no later than 10 :30 pm on weekdays and 11:30 pm on the weekends. Seconded by * Selectman Colella. Voted 5 -0. CETA - Hank Texeira This meeting tonight with Hank Texeira, the Affirmative Action Officer, for CETA in Taunton was called noted.Seleetman Avery because it was brought to his at- tention that CETA workers were working and cleaning yards of a council member. Mr. Texeira noted that a meeting was called with Delores Benson to (.6larify points 7rnl where CETA people can work and also noted that the federal guidlines clearly specify where they can work and cannot work. Mr. Texeira noted that he met with Delores, rectified the problem so that it would not happen again and was satisfied with the explanatft and also informed the Town Manager of the meeting. Selectman DeLong asked what happened? Mr. Texeira noted that CETA workers cannot work for members of a committee that hires them. Selectman DeLong asked if this was the misunderstanding, that someone from the council could take CETA workers? Also was it an elderly person who they did the work for? Mr. Texeira noted that one was elderly and the other was not. Selectman DeLong asked if there was any reason given for their belief that this could be -done. Mr. Texeira noted that the rules are clearly specified. A meeting was held prior to the summer program and three people from Mansfield attended this meeting, and the rules were clearly told to them. Selectman Mahana asked if the program is based on elderly who cannot afford to have this work done? Mr. Texeira noted that this is left up to the individual towns, Mansfield was taking anyone over 59 years of age because of the low number of people requesting help. Selectman DeLong asked who the council members was that was using the CETA workers? Mr. Texeira noted that it was Delores Benson. Selectman Avery asked Delores Benson if she would like to speak. Delores noted that she would rather wait and come back next week with the information so that they would understand what happened and also that she did not know she was on the agenda for tonight's meeting. Delores did say that any work done for her was done when -4- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 Page 5 the CETA workers had not: work to do and that she paid them a check. Selectman DeLong asked if they were paid before or after the complaint? Delores noted after the complaint. Selectman Mahana would like to know the upper and lower income for eligibility of people in order to have this work done. Mr. Texeira said that with the elderly_, there is no income just 62 and over. Under 62 years would be a case where a community does work with people for low income but it is the community's responsibilityCto see that they meet with the income level. Also income varies with the size of a family. It is the responsibility of the agency to see where the CETA workers go and they set the income level. Selectman Avery noted to Mr. Texeira that earlier he mentioned a meeting in Attleboro attended by three Mansfield people and Mr. Texeira pulled out a sheet with signatures of the people who attended. Thom -- Bonome, Art Remillard and Margo Fisher also attended this meeting. Mr. Texeira noted that he runs into this every- day that the rules and federal guidelines change every two or three months. Selectman Mahana asked Mr. Texeira if something like this is evertsent to Washington and could something like this violation hurt future CETA workers for Mansfield. Mr. Texeira noted that if there is "intent" and he felt that there was no "intent" here and also feels that Mansfield has a fantastic program , but the problems arose due to lack of planning, with a little more planning, this could have been avoided. This is an 8 -week program and they only have 2 -weeks to plan it. Most -;of the communities have other things to do and do supply support when needed for planning but not enough time is given! Mr. Texeira feels the program is an asset to the Town and also an asset to the kids working , by giving them work and a sense of responsibility. Selectman Caponigro noted that in light of the testimony of Mr. Texeira that we should go along with Mr. Texeira that it was a misunderstanding and a motion was made by Selectman Caponigro that we just drop this complaint and investigation right now. This motion received no seaDnd. Selectman DeLong noted that he would have to hear from Delores Benson first, that he cannot comprehendrthat'someone /could conceive and misunderstand that CETA workers could -not be used on their property. Delores Benson will be on the agenda for next week's meeting. David Clemmey----- David Clemmey met with the Board to inform them, that Article 7 of the.Special Tot-in Meeting held on May 9th, voted a 5 member Historical Commission,not a 7 member committee, so anything that the committee does would be null and void. Dave noted that the vote will have to be changed back to a 5 member committee. Selectman Mahana suggested that the Town Manager check the article. Selectman Avery thanked Dave for the information and noted that he is sure he did his home - work. Town Manager's Report The Town Manager noted that the traffic signals at 106 & Franklin St. are in operation now and the signs are going to be installed tomorrow. -5- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 Page 6 The Town Manager noted that there was a water line break at Valves had to be replaced there also were two other breaks, 200 feet from the other break and one at Bungay Rd. and Gill Manager noted that we should seriously consider a survey of water lines and plan out a long range replacement program. of the main line's are at least 50 years old or better. Linden and Park Sts. one on Linden St. )ert St.. The Tot-in the downtwon area It appears that most The line for the flag at the No. Common has been cut and destroyed last week. Selectman Caponigro suggested tieing it up highi; and let it fly 24 hours a day. The Town Manager thought of this but would have to light it up. The Town Manager noted that two flags were donated to the Town from John Auld, and Thomas Largasse. The Board voted that a letter of thanks be sent to these gentlemen. * Motion by Selectman Mahana, seconded by Selectman Colella. Voted 5 -0. The Town Manager noted that Delta Projects, Inc. contacted him and told him that they are readyto close papers on a house at 54 Samoset Ave. They have sent letters out to all the abuttors plus spoke to quite a few of them, so far they have received no opposition to this. They hope to have their program off the ground by November The Town Manager read a list of routine work being done by the highway department. Installing drain pipe and catch basins on Park St., sweeping of streets, patching pot holes, hot topping trenches, etc. The Town Manager informed the Board that the bid for removal of diseased or dead trees in Town is ready for advertising. The amount budgeted for this totals $3400. Selectman Mahana was wondering: if the Tom can sell the wood for fire wood at about $40.00 a cord. The Town Manager thinks that the bid includes the contractor taking the wood and doing with it what he wants.. He will check this out. The Town Manager informed the Board that he has hired a laborer for the Parks/ Recreation and W will start on September 7, 1979. The Town Manager noted that a catch basin on Willow St. neari So. Main had been cleaned a couple of months ago and again last week.. This is a dry well which does not carry the water it just collects it and stands. Board Reports Selectman Caponigro asked if anything has_been resolved on the - concrete deteriorating on the b ridges over Elm St. The Town Manager noted that he asked the Town Engineer to check this out, they are railroad bridges and that he has not had much success in hearing from them. He will again speak to the Town Engineer on it. Selectman Caponigro wanted to knout if we are going to wait. until "god knows when" to have the monuments finished. The Town Manager noted that he does not know 4ahat else he can do, he spoke with Mr. Beggs, sent him a letter and the last time he spoke to him he informed him that he is losing money on the project, Selectman Caponigro feels that we should send him a letter that he has 60 days to finish these monuments and if not complete we will get someone else to do it. Selectman Caponigro put this in a form of a motion, seconded by Selectman Mahana. Discusstion: Selectman DeLong noted that before the letter is written we should make sure of the alternatives and should find someone first so that we won't have � , -6- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 PAGE 7 to go back begging if we can't get anyone else. Selectman Caponigro then withdrew his motion, Selectman Mahana withdrew his second. Selectman Caponigro noted that he will talk to Mr. Beggs this week. Selectman Mahana, sai.d that he would like to compliment whoever put the birch tree out in front of the town hall. Also, hb wants to know if we have any of the concrete planters, he would like to see one on 106. Selectman Mahana questioned the Town Manager as to why the water department left the job site at 4:00 pm. when the leak still was not fixed(Park & Linden Sts.) The Town Manager noted that when he left the Town Hall about 4:30 that afternoon and :-- went down East St. on his way home he noticed all this water and investigated where is was coming from. After he found the source he tried to reach Bob Marquis and a crew was down at the site at 6:00 p.m. The crew all indicated thessame thing that the leak was not that bad when they left at 4:00 pm , the Town Manager informed them that they should never have left the job site and also that this is one of the problems in the water dept. that unlike the light department they do not have a standby man. Selectman Mahana suggested that maybe the Board should consider, having a standby for the water department. Selectman Caponigro said that the foreman in charge should never have left it. There was also a question of whether people were going to be left without water until the next day. The Town Manager noted that he had them informs the people to draw water also that only one person lost water for a short time due to a cut in the lateral. Selectman Mahana again brought up the %ood pile" on Old Elm St. and the Town Manager told him that the building inspector informed the owner not to increase the piles and to put a fence around it. Selectman Mahana also asked the Town Manager to investigate the drainage problem on Old Elm St. it seems the inlet is lower than the outlet. Selectman Mahana noted that it has come to his attention that Crocker St. is 2 -way and should be a 1 -way. Selectman Colella noted that he is againd:this')because the merchants are against it, as noted the last time this came up. Selectman Mahana updated the Board on the seminar that he attended in Vermont sponsored by New England Public Power. He noted that it was very dull, listen to a. lot of speakers and learned about base load and peak'-power. Hydro -power was discussed and noted that some of the speakers were contradictory urging all municipalities to turn to coal which would need EPA approval.. Also, solar energy should be looked into for any new municipal buildings being built. By 1983 if no new base power is added we will be in a no- growth situation and should seek alternative sources of energy but keep it open for Seabrook.. Selectman Mahana noted that there is $50,000 available for hydro power for any dams in Town. It was noted that a meeting regarding nuclear power will be held tomorrow night here at the Town Hall and MMWEC will be here to discuss and answer any questions. Selectman Avery noted that he had a letter from Nancy Smith of the 1- lomen's Resource y Cooperative requesting permission to put up a sign on the No. Common to advertise for their "Health Fair to be held September 15th on the 5obb Common ". A motion by Selectman Mahana, seconded by Selectman Caponigro was made to grant this request. * Voted 5 -_0. -7- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting August 29, 1979 Page 8 Selectman DeLong made a motion to waive the fee of $10.00 requjredfor the sign. Seconded by Selectman Colella. Voted 5 -0. Selectman Avery again mentioned the meeting tomorrow night with MMI4EC and a decision will have to be made whether or not to share in the purchase of additional capacity of Seabrook. Selectman Avery noted that he had a call from someone wanting to sell corn on the strip of land across from the highway garage on 106. The Town Manager replied to this and noted that this is town owned property and he is not permitting it due to the fact that is is beginning to "mushroom into a !'vendor`s haven" The Town Manager feels that there is a question of liability because this is a very hazardous area. Selectman Avery noted that he did not raise the question because he was opposed to the Town Manager's decision but just to be informed of the situation. Selectman Avery wanted to know when the next meeting of the Light Commissioner's was and was informed that it will be September 19th, the third Wednesday. Select- man Avery noted that he is concerned because we have not had an annual report from them. Selectman Avery noted that he does not feel the Cotterill problem has been resolved, referring to a bill from the Town Counsel approved earlier in the meeting, as a result of a court case. Selectman Avery noted that he went by the site on Saturday and thinks there are more cars on the property then are allowed and asked the Town Manager to check with the building inspector on this. Selectman Avery brought up a letter from the Conservation Commission regarding restrictions to be included in the development of conservation land for the little league. Sixteen restrictions were listed in the letter. Selectman {very suggested that copies of this letter be made for all the Board members to look over and discuss at next week's meeting.. Selectman Avery referred to a letter from Leon Lombardi regarding a proposal for financial disclosure by municipal officials, - that it should be read closely and discussed at the next meeting. Selectman DeLong noted that he thought we had already sent a letter on this. Selectman Mahana noted that he would like to make a motion that a letter be sent to Leon Lombardi and the State Ethics Commission that as unpaid officials they should 'be exempt. Seconded by Selectman Caponigro. Voted 5-0._ Selectman Avery noted that everyone has a copy of the Job Classifications and he would like to discuss this at next week's meeting. Their being no further business the meeting adjourned at 9:15 pm