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HomeMy WebLinkAboutBOS MINUTES 9-5-1979BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A September 5, 1979 7:30 p.m. - Call to Order Warrant Minutes of August 29, 1979 Clerk's Folder: Mansfield House, Inc. License for Sunday Entertainment(2) Glaro, Inc. Petition for a change in the license 7:45 p.m. - Nancy Fiore "Proclamation week of September 22nd." National Fishing Week 7:55 p.m. - Vote on Seabrook - Purchase of Additional Capacity 8:00 P.m. - Delores Benson Conservation members: Paul Boyden and Fred Rys RE: Little League Field Town Manager's Report Board Reports Job Classifications Pending Traffic Lights at Franklin & 106 Traffic Lights at Rte. 140 & Forbes Job Classification Back Bay Brook Phase 3 Water Rates Foxboro Mall (traffic pattern) Sanitary Landfill Oak St. Culvert ( out to bid for 9/13/79) Railroad Station Parking Downtwon Traffic Pattern BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes 6f the Meeting ` September 5, 1979 U Present: Selectman Robert M. DeLong, Frank Colella, Lyman C. Avery, Norman Mahana. Town Manager William P. Metropulos. (Selectman Caponigro arrived during approval of the minutes, after approval of the warrants.) The meeting was called to order at 7:30 p.m. A warrant in the amount of $171,344.73 was by Selectman Mahana, seconded by Selectman A Revenue Sharing warrant in the amount of on a motion by Selectman Mahana, seconded The minutes of August 29, 1979 were read. by Selectman Mahana, seconded by Selectman Caponigro arrived at this time.) Clerk's Folder Glaro's Inc. 660 East Street noted. This was approved on a motion Colella. Voted 4 -0. $4351.50 was noted. This ,was approved )y Selectman Colella. Voted 4 -0. The minutes were approved on a motion Colella. Voted 5 -0 (Selectman Glaro's, Inc. submitted an application for a change in the description of his Retail Package Store (beer & wine) license. The change will be from twoorpoms to four rooms, one room for the meat store, one.for the beer & urine business and two rooms for storage. The Town Clerk noted that no bearing is required. A motion to approve this change was made'bySSelectman Caponigro, seconded by Selectman Mahana - Discussion: Selectman DeLong questions whether or not a hearing would be required due to the fact that there will now be two owners, Selectman Caponigro withdrew his motion, Selectman Mahana withdrew his second. Selectman DeLong then made a motion that approval of the application be postponed until the Town Manager checks out whether or not a hear.ing is required. Seconded by Selectman Caponigro. Voted 5 -0. Two licenses for Sunday Entertainment (pool tables) was noted for the Mansfield House; Inc. These licenses were approved on a Motion by Selectman DeLong, seconded by Selectman Mahana. Voted 5 -0. National; Fishing & Hunting Week - Mr. James Fiore met with the Selectmen requesting that the Selectmen proclaim the week of September 22, "National Fishing & Hunting Week ". Mr. Fiore noted that this is being done throughout the country, forty -eight states have already had their governors proclaim it however, Governor King has not for this state and the organization is requesting individual cities and towns to. Selectman Mahana read the "proclamation aloud ". Mr. Fiore informed the Board of what will be going on for the week. Mr. Fiore noted that a permit has been sub- mitted for a 4x4 sign to be put up on the So. Common. Selectman DeLong moved that the week of September 22nd, be proclaimed "National Fishing & Hunting Week" and that the fee for the sign be waived. Seconded by Selectman Caponigro. Voted 5 -0. -1- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 2 Mr. James Hall, Director of the Light Plant met with the Light Commissioners to vote for acceptance of MMWEC's recommendation on additional quanity of Seabrook capacity. Commissioner DeLong made a motion that the Town of Mansfield, Board of Light Commissioners accept the recommendation of the Director of the Municipal Electric department to purchase additional shares of Seabrook Units 1 & 2 to the extent of 9548 KW's , and that the Director and the Manager are hereby authorized and directed to execute and deliver such agreements and documents as may deem necessary or advisable, to provide for the aforesaid purchase. * Seconded by Selectman Caponigro, Voted 5 -0. Selectman Mahana asked Mr. Hall if the Town has purchase power from any existing plants. Mr. Hall notdd that he has short term purchases from Canada, 4000 KW's for six years. We have,no entitlement in Vermont or Maine Yankee, Pilgrim 1, or Holyoke. We: are committed to Millstone for 18QO KW's to come on line 1986/87, 9500 KW's with Pilgrim 2 when it comes on line in 1988/89 and zero all the way after that. Diane Mangaratti asked if she could speak and noted that she read in the news- paper today that Senator Paul Tsongas spoke out against nuclear energy and that the 31 communities buying into it should think about it. She feels that when a Senator of our state has spoken out, it should be looked into. The Senator feels that this should be the last resort of energy and not the first,he is not ruling it out altogbther but feels people in the community should take notice. The Senator is working toward a muli- billion dollar program for Tow- head hydro energy, also submitting legislation for an energy block program for cities and towns, and creation of a Northeast' federal power market. Diane noted that his aide said that before the Senator makes statements he studies the question intensely. Diane also noted that the State Building Code Commission is working very hard for a better building code to conserve energy. Selectman Avery noted that there was plenty of time at last week's meeting to discuss this. He also noted that we can't wait forever and have until September 7th, to make our decision, he is sure that economics are involved but based on the heeds of Mansfield 'both . economically and financially no= one =has:.proved to.liim that it-will be dangerous. Selectman Caponigro noted that he did not attend the meeting last Thursday but there are nuclear plants throughout the country and two here in Massachusetts that have had no problems. Something should have been done about it a long time ago and not wait until the day before they have to make the decision and that he agrees with Selectman Avery. Selectman Mahana noted he would.like;,nothi rig better than to have other alternatives but unfortunately there is no other place to - invest and would not like to see what happened during the blackout years ago, happen again. Delores Benson; met with the Selectmen to discuss a complaint against her of misuse of CETA helpers. Delores asked what the purpose of the meeting was? Selectman Avery noted that the purpose of this meeting was to give her a chance to have her say, because she asked if she could come back this week, not knowing that she was on the agenda for last week. Delores said, okay, and asked if there was a complaint against her and if there is she would like to know who made the complaint, that she_ feels she has the right to know. SelectmanCDeLong told her that sheheard the testimony of the gentleman from CETA last week. Delores =2- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 3 noted that she heard the testimony and that after last week's meeting Selectman DeLong said that the Board received a complaint second hand. Delores asked if they normally handle second -hand complaints? Selectman DeLong noted that the complaint was not second -hand, that the gentleman from CETA was right in the audience and he told the Board at an open meeting of the Board. Delores noted that since this matter has been settled with the CETA authority and you have been told by a representative of the CETA agency, that what took place will not affect the Town's standing with CETA and since= -the Council-On- Aging and the Town Manager are also satisfied with the settlement, she would like to know why it was brought up again. Selectman DeLong noted that he is still not satisfied. Delores asked what they would like to know. Selectman Avery noted that the Board would like to know if she did as was testified at last week's meeting by Mr. Hank Texeira of CETA. Delores then noted that under Chapter 303, Section 11 of the Massachusetts General Laws she has a right to an Executive Session and is requesting this because it involves other people and other names which she does not want to discuss in public, also that it is damaging to her character and reputation and does not feel as thought she should have to discuss it in public. Selectman Mahana noted that the reason for tonight's meeting is because she had requested it. Selectman DeLong moved that the Board to into Executive Session to consider the removal or dismissal of a public officer, seconded by Selectman Mahana, Selectman DeLong also asked Delores if she would waive the requirement that she be notified of the Executive Session forty -eight hours prior to the meeting. Delores agreed to the waiver. The Board was polled, Caponigro, yes; Mahana, yes; Avery, yes; Colella, yes; and DeLong, yes.. (Executive Minutes typed separately) Selectman DeLong noted that the Board would return to open session. The Board returned to open session at 9:20 p.m. Conservation members, Fred Rys, Paul Boyden and Stuart:$Gaeet met with the Board as a result of a letter read at last week's Selectmen's meeting relative to re- strictions that the Conservation Commission has adopted in the development of Little League fields on Conservation land in West Mansfield. Fred Rys noted that the stipulations were issued because of other conservation land in the area not included in this parcel, also because of neighbors abutting the land and a new development that is going up. The restriction on the lights was in consideration of the above (neighbors) and this is also one of the reasons they are requesting engineering plans. The Commission thought that they were going to get some professional plans.. They offered the land to the Little League but felt that certain conditions should be followed. Selectman Avery noted that the reason this came up was due to the memo that the Board received-from the ConCon and asked if there has been any involvement with the Little League and the ConCon prior to the setting of the regulations? Fred Rys noted that the reason the restrictions were initiated was to get the project going. Fred noted that the sixteen restrictions drawn --up can be changed, what they tried to do is think of the worst possible things that could -3- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 4 happen in a project like this. The Commission has had some sketches drawn up and hoped to get together with the Little League to discuss it. Selectman Avery asked if this would also include the Recreation Commission. Fred noted that the Little League is meeting with them Monday night. Fred wondered if the engineering could be town involvement and have the Town Engineer do it. Paul Boyden noted that they, were not going to allovaany work until they had a plan and documentation that stone walls would not be taken down or trees that are'_, not on their property, also some fields will have to be eliminated. Theywere also asked if they are planning on selling food to sell it from a van and that no lights be installed due to the neighbors in the area. Walter Day, member of the Little League organization noted that three of the restrictions, the Little League cannot live with. However, he feels that the engineering problem-can be ironed out with help from the Town Engineer, but the following restrictions: #7- the Mansfield RecCom will have sole authority for scheduling use of the fields, 13. No advertising permitted and 14. no per= manent structures (snack bars) are permitted, they cannot live with. The Mansfield Little League in looking at this complex has had it appraised by an engineer and it is in the half - million dollar range when it v,i;l be completed as they have laid it out. With the RecCom having sole authority to schedule fields they could choose not to have them play. Selectman Mahana asked who else would use little league fields? Mr. Day noted that they now maintain the fields that they play on and last year they spent $1400. and if a girls soft- ball team wants to play they have to get off. Mr. Day noted that they are only asking use of the fields on a conmittment basis for three months out of the year and would like their time honored first. This development is to be financed soley by the Little League. Selectman Avery feels that this can be ironed out between the RecCom, ConCom and Little League and asked Mr. Day why he thought the RecCom would usurp their use of the fields. Mr. Day noted that there are other teams in town who need use of fields. Paul Boyden noted that in reading the minutes on April 23, the ConCon agreed;; to an architectural plan being submitted and expressed an opinion that they did not want to get involved with the scheduling, that this is the RecCom's work and that a plan be submitted before any work is done, they don't want what hap- pened at Maple park happen again.. Mr. Day presented a copy of the plan as sub- mitted to the Conservation Commission and discussed it, noting that because of a line of trees one ballfield will have to be eliminated necessitating the shifting of three other fields, two large fields and one connectable infield so that soft- ball and senior little league can be playdd on the same diamond . Mr. Day noted that an engineer could go down and lay this out but he feels that the Town Engineer and the ConCon could go down and look at it when it is laid out. Seven ballfiel.ds s ;is the ohd development with equipment confined to the designated area.. The main concern is the snack bar and advertising. It is absolutely es- sential for them to have a refreshment stand to be able to make the program -as self- sufficient as possible, last year six new teams were added requiring equip- ment uniforms etc. and without some form of raising money there will be problems. Mr. Day mentioned the complex that the City of Tauntonhas and that they raise enough money to pay all their own expenses. Mr. Day noted that'At a meeting he had with the ConCon he told them that little league would be willing to do anything necessary to have a vandal free building. This is a $50,000 project and income is needed to develop it. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 i Page 5 Regarding Advertising, Mr. Day noted that the practice in other towns is to take a piece of plywood and attach this to the fence just during their season, each sign will sell for a sponsors fee. Past practices was to have the name of the sponsor on the shirts , however, if the following year the team is not sponsored, the shirts can't be worn. Selectman Mahana questioned who will pay for the clean -up and Mr. Day notdd that this was discussed at a RecCom meeting, Recreation is responsible for the cutting of grass etc. and little league is responsible for the garbage and debris left from games. Selectman Mahana noted that this is an elaborate project and that the ConCon is cooperating and trying to work with them. Mr. Day noted that they want this in action next year because they had such a horrendous time this year with the fields they now have. Selectman DeLong noted that in Mr. Day's defense he is right in needing some- thing to raise funds and applauds his approach rather than have them go to town meetingllooking for funds, and wants to know what the hang -up is for a snack -bar and advertising. Paul Boyden noted that tonight was the first time he heard hbout the advertising proposal using signs. Paul noted that ConCon was trying to stay away from a stationary snack bar facility because of vandalism. After some further discussion Selectman AVery suggested that the three committees get together and try to resolve the problem, if they cannot reach an agreement the Board of Selectmen will again meet with them. Selectman Avery asked that the Conservation Commission call a meeting with the three committees involved. * * ** Grace Genatossio- WRRC -128 - Grace informed the Selectmen that the Bureau of Soled Waste called her,(."- and asked that she find out whoh the Selectmen and the Board of Health can meet with them. Grace also left material with the Board for review before this meeting The Board set the date of September 26, for the meeting. * * * * Correspondence A letter of resignation from Delores Benson, was noted, resigning from the Council - on Aging. This resignation was accepted on a motion by Selectman DeLong, seconded * by Selectman Mahana. Voted 4 -1 (Selectman Caponigro opposed) An invitation to the Sturdy Memorial Hospital's new "Emergency Room Facility" was noted, for Sunday, September 9, 1979. A letter of resignation from Edward Benson was noted, resigning from the Finance Committee. The resignaticnwas accepted on a motion from Selectman Colella, * seconded by Selectman Mahana, Voted 5 -0 A letter of appreciation will be sent. The weekly reportfrom the police department was read with no report of disturbances for the week from any of the local liquor establishments. -5- BOARD OF SELECTMENAIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 6 A sewer connection permit was noted for 5 Walnut Street under the name of Stuart Grief. A motion to approved this by Selectman Mahana was ma& 'subject to * payment of the assessment, seconded by Selectman DeLong. Voted 5 -0. A letter was noted from Attorney James Jerome Coogan, attorney for Karl Clemmey requesting that the hearing to consider Karl's removal from the Board of Health be postponed from September 12 to September 19, 1979. Selectman DeLong made a motion that the hearing be postponed until Mr. Clemmey receives a letter specify- * ing the causes. Seconded by Selectman Mahana., Voted 5 -0. A letter was noted from the Town Counsel adressed to the Commuter Rail Committee relative to title searches that he has done for the committee. A house moving permit was noted from D.R. Betts, Inc. to move a house from 311 Chauncy St. over West St. to the Corner of West and So. Walnut St. A memo from the Planning Board was noted that their board voted to recommend that the permit be granted providing that the mover and the owner certify to the Town that this will not require the cutting down of trees of ror the removal of stone walls within the 4lest Street right-of-way. Selectman Mahana questioned also if the back bills owned to the electric department have been paid. The Town Manager noted that they had. A motion was made by Selectman Caponigro, seconded by Selectman Mahana that the house moving permit be approved subject to meeting all the above noted * conditions. Voted 5 -0. A letter was noted from the DEQE relative to construction of Route 495 at Route 140 requesting that an extension of the Wetlands Permit be submitted to them as soon as possible. Also listed in the letter: is four control measures to be in- stituted to control additional erosion and sedimentation. The Town Manager noted that he recived a copy of this from Paul Boyden and that the Conservation Com- mission is complying with this. A letter was noted from Rolfe Camp, former Town Manager, thanking Selectman Avery for the letter he sent him informing him of the success of Maple Park. A letter was noted from a MarjoriedHosepian residents of Mansfield two years ago. Mrs. Hosepian noted in the letter that due to the tax error and the fact that she has read in the paper that Mansfield's tax rate will be lowered next year to reim- burse the property owners for that error she is expecting the town to reimburse her approximately $200.00 or more. Selectman DeLong suggested that the Town Manager answerihis letter advising her that there is no provision for reimbursing people. Notice of a hearing that the Department of Public Works is holding for an open discussion of questions relating to public roads was read. The meeting is scheduled for Thursday, September 20, 2(:00 p.m. in Taunton Also tosbe dis- cussed will be the Federal -Aid Bridge Replacement and Rehabilitation program for Off- System bridges. The Town Manager noted that the Town Engineer and Higway Director will be attending this meeting. l A memo from the Town Manager was read regarding our rubbish contract. It has come to his attention he noted that the town's contractor has been picking up rubbish from a few commercial business establishments in Tot-in and would like this practice to stop. He has notified the businesses involved and also the contractor. The Board agreed with the Town Manager on this. !n BOARD- OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 7 A letter was noted from Marydee Flynn requesting the Selectmen to appoint someone to the Great Woods Study Committee since she is now the Planning Board's representative, The Selectmen will take this up at their meeting next week. A letter was noted from the Department of Public Works relative to funding for state aid. Mansfield will receive $17,541.. for each of the fiscal years 1980/81.. Also to be receivedis $22,797, funding for the construction of town and country ways,iThe letter list the purposes for which these funds can be used and also allocation of the funds, Monies are available again for a salt storage shed. The Town Manager noted that he has applied for this two years in a row and has been turned down. Town Manager's Report At last week's meeting Selectman Mahana noted that it would be good if the town could take the wood that is cut down under our tree removal program and sell it by the cord. However, this week the Town Manager informed the Board that this wood is kept by the contractor who is awarded the bid for him to dispose of. The Town Manager'informed the Board that the Town Engineer has a meeting scheduled with the railroad to discuss the bridges, and deterioration of the concrete. ( The Town Manager informed the Board that the building .inspector has contacted the owner of the wood piles on School St. and he informed the building inspector that he.intends to stack the wood by cords and sell it. The wood consist of mostly hardwoods, maple and oak, The Town Manager informed the Board thst he has discussed with Representative Lombardi our request for a copy of the Acts signed into law. Representaitve Lombardi noted that because of the number of bills filed that it would be im- possible to summarize them all. Selectman DeLong noted that: °he only giants copies of bills that have passed. The Town Manager informed the Board that notices were sent out on unpaid electric bills, as a result four people were terminated, two of'them came in and paid their bill, the outstanding balance now stands at $1050. The Town Manager informed the Board that the Fire Chief wrote to the Fire Marshall's office requesting more information on the legality of GASOHOL and upon "receipt of his letter he will notify Ron Montoqui.la, The bid opening for upgrading the fire departments 1952 Dodge vehicle was held on August 30, 1979- Only one bid was received from Fleet Electrical'Services at a quote of $1119. and .a 2% discount if paid within 10 days, A motion was made by Selectman Mahana, seconded by Selectman DeLong to award the bid to Fleet Electrical * Serices. Voted 5 -.0, The Town Manager noted that it will cost approximately $8500. to put itlon -line. Selectman DeLong questioned how much it would be worth, after renovations and the Town Manager noted around $20,000. 11 The Town Manager read the building department's report for the month of August. -7- BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting September 5, 1979 Page 8 Selectman Mahana noted that Bill Sarro had been waiting all night because he thought he was on the agenda, that he had asked (Selectman Mahana) to have fire negotions on the agenda , and made a motion to go into Executive Session to discuss fire negotiations. Selectman Avery said that since it is not on the agenda he would like to do this properly and have it on the agenda for next week. The Town Manager said that he does not feel that this is the proper time to have a meeting and spoke to Bill this morning, and told him that we are willing and able to meet but it is incumbent upon the fire departments negotiator. The Town is willing to meeting this Friday. The factfinder hearing is out until after November 19th. Selectman Avery asked the Town Manager if his team would be willing to meet Friday and was told yes. Bill Sarro noted that he only wanted to ask two questions. Selectman deLong noted that legally vie could meet with Mr. Sarro but feels sae do not know the bargaining process and this is why vie hire a professional for this, alsothat it would be inappropriate to say the less to meet without our negotiator and certainly we should not make a decision without him. Selectman DeLong believes in keeping politics out of it. Selectman Mahana's motion to go into Executive Session was seconded by Selectman * Colella, voted 3 -2 (Selectman DeLong and Avery opposed) Executive Minutes typed separately. Board Reports Selectman DeLong asked thatthe Town Manager speak to Paul Split and see if he can help out and spend sometime at the Council On Aging. Selectman DeLong also feels that vie should try and spend some money and get a person capable of running the wastewater treatment plant so that there will be someone here during the construction of the plant and then look for a foreman to run the water department. Selectman Avery asked what is to prevent us from hiring a wastewater treatment plant director and find someone from the water department that can be promoted to foreman. The Town Manager noted that he is going to speak to Camp,Dresser, McKee and Whitman & Howard to see if they can recommend someone. Selectman DeLong wants to know why the Town Accountant can't be Assistant Town Clerk? The Town Manager noted that Hazel Maxwell is the Assistant.. Selectman DeLong also wants to know if anyone other than Diane Dubuc is as knowledgeable on the computer and understood that the Town Accountant has a background in this field. He feels that there should be someone for back -up in case Diane is out for a period of time. Selectman DeLong noted that MMWEC's open house in Ludlow is next Thursday night' and noted that he will be going. The Town Manager will also be attending. Selectman Caponigro noted that he spoke to Mr. Beggs today and was informed that Mr. Beggs hopes to have the WW -2 monument completed in two weeks and the West Mansfield monument complete within a month. Thevle being no further business the Board adjourned at 11:15 pm.