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HomeMy WebLinkAboutBOS MINUTES 10-31-1979BOARD OF SELECTMEN /LIGHT COMMISSIONERS AGENDA October 31, 1979 7:00 p.m. - Meeting Open for Correspondence Review 7:30 p.m. - Call To Order Warrants Minutes of October 17, & 24, 1979 Mrs. Helen J. Merigan- Article for Special Town Meeting 7:45 p.m. - Award of Back Bay Brook Phase 3 Thomas Bonome and Tony Stanzione 8:00 p.m. Hearing for Fuel Storage - Codex 8 :10 p.m. Steven Montesano -- Meeting with Light Commissioners Gentleman from ABC Bus Co. requesting permission to go over town roads Correspondence Board Reports Reminder - Close Warrant for Special Torun Meeting to be held November 19, 1979 - 8:00 p.m. GATRA meeting in Taunton on Friday at 2:00 p.m. BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting October 31, 1979 l Present: Selectman Robert M.DeLong, Norman Mahana and Antonino Caponigro, Jr. Selectman Frank Colella arrived at 7:30 p.m.. Town Manager William P.Metropulos and Selectman Lyman C. Avery are on vacation. The meeting opened at 7:00 p.m. and called to order at 7:23 p.m. Selectman DeLong moved that Selectman Mahana be Acting Chairman, seconded by Selectman * Caponigro. Voted 3 - -0. The Board went through the correspondence until 7:30 p.m. , Selectman Colella arrived at 7:30 p.m. and regular session began. A revenue sharing warrant in the amount of $5,492.88 was read. This was ap- proved on a motion by Selectman Caponigro, seconded by DeLong. Voted 4 -0. A warrant in the amount of $835,014.80 was read. This was approved on a motion * by Selectman Caponigro, seconded by Selectman DeLong. Voted 4 -0. The minutes of October 17, 1979 were noted. They were approved on a motion by * Selectman DeLong, seconded by Selectman Caponigro. Voted 4 -0. The minutes of October 24, 1979 were noted. They were approved on a motion by * Selectman DeLong, seconded by Selectman Caponigro. Voted 4 -0. Mrs. Helen J. Merigan - of Foxboro met with the Selectmen as requested last week regarding an article for the Special Town Meeting, November 19, 1979 that Mrs. Merigan wants to submit. At last week's meeting Mrs. Merigan presented an article to see if the Town would authorize the Board of Selectmen to sell for $1.00 a piece of land from a parcel that she owns and grant Mansfield an easement to maintain the water line that runs across this piece of land. This vote, Mrs. Merigan noted, is necessary for her to be 'able to complete a sale of this land. The Selectmen told her that they would like to get an opinion on this from our Town Planner and for her to come to this week's meeting. At tonight's meeting a revised article from Town Planner Chad Maurer was read -- that the Town vote not to sell this piece of land but retain an easement of twenty feet (20')for future construction purposes of water main work. Mrs. Merigan noted that her attorney could not make it tonight and she is not sure whether or not this revised article would prohibit the sale of the land. The Board told Mrs. Merigan to have her attorney look over the article and if it has to be amended it can be done on the Town Meeting floor, but to ad- vised the Board before Town Meeting of what they intend to do. A motion was made by Selectman Caponigro that the article as submitted by the Town Planner be included in the warrant for the Special. Town Meeting. Seconded * by Selectman DeLong. Voted 4 -0. A memo was noted from Town Treasurer, Joan Cutillo requesting approval from the Board to distribute town employee paychecks on Wednesday, November 21, 1979. This request was approved on a motion by Selectman Caponigro, seconded by Selectman * Coella. Voted 4 -0. t Copy of a letter from Joan Cutillo, Town Treasurer, to Town Counsel Charles Mulcahy was read. The letter is requesting an opinon from Tosco Counsel on whether or not Selectman Coella can sign the weekly warrant now that he has been hired by Thom Bonome as the foreman of the highway as of Monday, November 5, 1979, or will this be conflict of interest to sign a warrant with his paycheck on it. 1 BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting October 31, 1979 Page 2 Selectman DeLong commented that he is adamantly opposed to any Selectman being hired for any position, it is not relative whether the individual is qualified for the job or not, he feels that it is highly unethical, a Selectman is the highest elective position in Town and feels the possibilities for conflict of interest are there. He also noted that he is extremely disappointed that the DPW Director and Town Manager would appoint a Selectman. Selectman DeLong then aksed the DPW Director, Thom Bonome if the Town Manager concurs with the appointment and Thom noted that the Torun Manger said that he was told by Town Counsel that it is not conflict of interest and he has as much right as anyone to apply for the job and that the job would go to the best quali- fied man. Thom noted that the man has wanted a job at the highway'for years and he opposed it for years, and can see no reason to oppose it any longer, the man is sincere , and if the Town Counsel said it is not conflict of interest,he can see no reason not to give him the job. Selectman DeLong noted that the area for conflict of interest is so obvious that it is not worth discussing. And the only reason for not hiring him should be based on the fact that he is a Selectman and should not be considered. Selectman Mahana noted that he feels it is a bad move and will cause a lot of problems although he does not feel as strongly about it as Selectman DeLong. Correspondence A memo was noted from Mary Connor, that Roy King, is requesting permission to use a sound system in a vehicle on Saturday afternoon from 1:00 to 2:00 p.m. on No. Main St. to advertise a benefit show at the VFW to assist the retarded children at the Paul A. Dever School. This request was approved on a motion by * Selectman Caponigro, seconded by Selectman Colalla. Voted 4 -0. An article to increase the number of members on the Historical Commission from 5 to 7 was submitted for the Special Town Meeting by the Historical Commission. A motion was made by Selectman Caponigr: seconde, by Selectman DeLong to submit * the article for the Special to be held, November 19, 1979. Voted 4 -0. The weekly report from the police department on disturbances in local liquor establishments was noted. Two disturbances were noted for the week. The bid for BACK BAY BROOK -Phase 3 was noted. The bid was opened on October 25, 1979, twelve (12—Y bidders responded with the price range from the low of $64,150 to a high of $148,000. The DPW Director and Town Engineer were present to discuss the bids. The DPW Director noted that the low bidder, Freetown Construction, Assonet, Ma. with a bid of $64,150. has the equipment and could start the job tomorrow. The DPW Director noted that he checked their background as much as he could and can see no reason not to give the bid to them. The Town Engineer noted that he spoke to Freetown Construction Co. today and they noted that they are in the process of getting bonded. t A motion was made by Selectman Caponigro, seconded by Selectman DeLong to award the bid for Phase 3 of the Back Bay Brook to the low bidder, Freetown Construction * Co. for $64,150. subject to meeting all the conditions of the contract. Voted 4 -0. -2- BOARD OF SELECTMAN /LIGHT COMMISSIONERS Minutes of the Meeting October 31, 1979 Page 3 A house moving permit from D.R. Betts, to move a house from Chauncy St. to Walnut St. was noted. Selectman Caponigro moved that the request be granted, subject to approval from all the departments concerned, also that no trees be cut without * approval. Seconded by Selectman DeLong. Voted 4 -0. A letter was noted from Al Boldrighini, member of the AD HOC Committee on Recreation and Athletics, thanking the Board for their appointing him and also informing them that due to the fact that he works for CE Maguire, Inc. architects, engineers and planners he will refrain from participation in the selection of a consultant, should a consultant services be required because Maguire would probably want to submit a proposal. A street light request from a David A. Hayward, 15 Deep Run Road was noted. This request was investigated by Mr. James Hall, Director of the light plant and he is recommending two (2) street lights, one at the intersection of Ware St. & Deep Run Road and the other on the second pole on DeEp Run Rd. This was approved by the Light Commissioners on a motion by Commissioner DeLong, seconded * By Commissioner Caponigro. Voted 4 -0. Copy of a letter from the Building Inspector to a Mr. Juris Sietins regarding building permit application permits for Bird Road was noted. The Building Inspec- tor in his letter states that he is denying the building permits for.lots on Bird Road pending receipt of documentation which shows that Bird Road is an accepted public road. Selectman Caponigro noted that this is an example of where the Board should step in , he noted that Bird Road is just a cow path and that the Building Inspector should be directed that building not be allowed, there are no water lines out there either. This should be treated the same way other developments in Town are done . A memo on this will be sent to the Building Inspector. A letter was noted from Attorney Peter O'Brien on a matter involving his client Richard Morse and renewal for a gravel removal permit. Dick Staples who is work- ing for Mr. Morse was in the audience and noted that there seems to be a problem with the boards in Mansfield and who to apply to. The Zoning Board of Appeals told him that this comes under the Planning Board. Five weeks it has been held up and he feels that someone should make a decision either the Selectmen or the Town Counsel. Mr. Staples also noted that both the Zoning Board and Planning Board say they have an opinion from Town Counsel, but neither will admit who re- quested it. The original permit was requested and granted in 1977, now he is being told that the zoning by -laws have been changed since then and he will have to go under the new rules. Selectman Mahana noted that he doesn't feel it is right to change rules in the middle and asked Dick if he has been cited for any violations by the Zoning Board of Appeals or the building inspector for anything to do with the operation. Dick noted that some complaints were logged by neighbors, one in particular, a Mr. Zecher who complained that they were removing gravel from his land but to the best of his knowledge, there have been no other complaints. Selectman Mahana then made a motion to request an opinion from Town Counsel as to what board has jurisdiction over this gravel removal renewal permit and if the 1977 rules are still in affect or do they have to now come under the new revised zoning by -laws. Discussion: Mr. Staples noted that the permit expires November 17 and this is his living , it is not fair that they shut him down. The motion was seconded by Selectman Caponigro, after some further dis- cussion. Voted 4 -0. 3= BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting October 31, 1979 Page 4 Codex Hearinq A hearing on an application from Codex Corp. to store 20,000 gallons of #2 fuel oil was declared opened at 8:10 p.m, Acting Chairman Mahana asked if there were any opponents or proponents present, none were recorded and the hearing was de- clared closed. A motion by Selectman DeLong, seconded by Selectman Caponigro * was made to approved this application. Voted 4 -0. Mark Hayward, 14 Angel St. - met with the Board of Light Commissioners regarding a "guarantee deposit" for electrical service. Mr. Hayward noted that there were three roomates in this apartment, one of them moved out and he is the one that had the deposit under his name. Diane Dubuc, the light department manager told Mr. Hayward that since service is being transfered under another name it consti- tues a new account and would require a deposit. Mr. Hayward does not agree with this since they all contributed to paying the bills and have lived at this same address for over a year. Selectman DeLong then proceeded to question Mr. Hayward on his background, etc. Selectman DeLong then made a motion that an exception to the Board's policy be made here, primarily since all rules have cases where there should be exceptions and in this case primarily -- - -- because they have lived at this address for a year, but does feel that the office manager acted correctly in following the policy since there was only one name listed under the original deposit. Selectman DeLohg's motion - that an exemption be granted in this case with no deposit required because both occupants have been sharing the apartment for a year and are not late in paying their bill. Seconded by Selectman Capongro, * Voted 4 -0. A letter was noted from the ConCom on the present status of Leon Grant's pond development. Copy of a letter from the ConCom to Kelton Potter was noted advising him that he must apply for a Wetland Protection Act Hearing for work done at 100 Branch St, A letter was noted from the Board of Health keeping the Board updated on the pigeon problem on'Hodges Street and also requesting that the Board appoint a representative to meet with the Board of Health in revising the "small business permits" for the landfill. A motion was made by Selectman DeLong, seconded by Selectman Colella that Select- * man Caponigro be appointed to serve on the Committee. Voted 4 -0. A letter plus five copies of the preliminary report on the stater rate study from Whiteman & Howard was noted. A letter from Representative Leon Lombardi was noted with copy of a letter from the county commissioners together with an analysis of the budget. A gentleman from the ABC Bus company was on the agenda for tonight's meeting I" to,request permission to travel over town roads but he did not appear. The Selectmen however, made a motion to grant permission for the ABC Bus Co. to travel over Town roads. Motion by Selectman Caponigro, seconded by Selectman * DeLong. Voted 4 -0. M BOARD OF SELECTMEN /LIGHT COMMISSIONERS Minutes of the Meeting October 31, 1979 Page 5 Board Reports Selectman De Long noted that he would like to have Mary, the Board's secretary call the Town Manager tomorrow and confirm that he is awared and concurs with Selectman Colella starting work November 5, 1979 at the highway garage. Select- man Caponigro and Mahana are in agreement to this. A motion to close the Special Tot-in Meeting, November 19, 1979 was made by * Selectman Caponigro, seconded by Selectman Colella. Voted 4 -0. Bid Award for the Brush Chipper A brush chipper was put out to bid by the light department on October 25, 1979. Three bids were received. The lowest bidder was Timerland Machines, Inc. Chelmsford, MA at a bid price of $6312.00 A motion was made by Selectman DeLong to award the bid to Timerland Machines, Inc. at the lowest bid of * $6312.00, seconded by Selectman Caponigro. Voted 4 -0. A motion was made by SElectman Caponigro to adjourn the meeting at 9:00 p.m. * seconded by Selectman Colella. Voted 4 -0. -5-