HomeMy WebLinkAboutBOS MINUTES 1-26-1977BOARD OF SELECTMEN
AGENDA
January 26, 1977
• 7:30 p.m. - Call to Order
Treasurer's Warrant
Minutes of the Previous Meeting
Clerk's Folder
Correspondence
p 7:45 p.m. - George Wojtkiewicz
• 8:00 p.m. - North Main Street parking regulations
• 8:30 p.m. - Raymond Goddard, 496 Ware Street
• - Town Manager's Report
• - Board Reports
• - Adjournment
BOARD OF SELECTMEN
Minutes of the Meeting
January 26, 1977
Present: Selectmen Robert DeLong, Tony Caponigro, Frank Colella, Douglas
Titus, Town Manager Dennis Hannon. Selectman David Clemmey out
of town on business
Meeting called to order at 7:30 p.m.
Selectman Titus was made Acting Clerk.
Selectman DeLong moved to approve the warrant in the amount of $399,468.54;
• seconded by Selectman Titus, voted 3 -0 (Selectman Caponigro not yet present).
Selectman Titus moved that the minutes of the week of January 19 be approved.
• Seconded by Selectman DeLong, voted 3 -0.
Correspondence - Selectman DeLong moved to have the chairman attend the in-
stallation service at the Trinity Baptist Church in East Mansfield. Seconded
• by Selectman Titus, so voted.
Article from the Conservation Commission for the Sweet property - to be sub-
mitted for the warrant for the upcoming annual town meeting.
Article from the Board of Assessors for revaluation ($80,000). Selectman
Titus moved to submit this article for the warrant. Seconded by Selectman
* DeLong, voted 3 -0.
Letter from the FinCom about a computer needs study committee. A letter
will be sent to them that the Board of Selectmen is researching this.
Copy of the transfer request for $225 for Planning Board engineering - the
FinCom suggested that this money be taken out of the Selectmen's consultant
account. Town Manager Hannon explained that the money in that account was
already committed. Selectman Titus moved to resubmit this transfer request
to the FinCom. Seconded by Selectman DeLong, voted 4 -0 (Selectman Caponigro
* now present).
Letter from the Airport Commission explaining that they would be running out
of money for their budget. The Town Manager explained that the electric
bills were larger than anticipated because of the vandalism - the runway
lights had to be replaced. Selectman Titus moved to submit this to the
* FinCom. Seconded by Selectman DeLong, voted 4 -0.
Memo from Light Department Director James Hall regarding the higher electric
bills.
Application from Paul Johnston for the Airport Commission and the Recreation
Commission.
Letter from Owens Illinois regarding setting up a meeting to discuss the re-
cent oil spill. The meeting was set for this Friday morning at 11 a.m.
Notice from the Division of Forests & Pests re dutch elm disease and insect
control funds
( *- motions passed)
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BOARD OF SELECTMEN
Minutes of the Meeting
January 26, 1977
Page 2
Notice from the Department of Corporations and Taxation that the bond for
the Treasurer and Collector will be $107,000 and $5,000 for the Town Clerk.
At 7:45 p.m. George Wojtkiewicz and Philip Brady met with the Board to
discuss the M.B.T.A. and Conrail's threatened discontinuance of commuter
rail service through Mansfield. Mr. Wojtkiewicz asked the Board what
their position would be on this. Board members expressed that no official
stand has been taken because the cost is not known yet. Town Manager Han-
non told the Board that the meeting they requested with area legislators
was being set up for next week, and Mr. Wojtkiewicz was invited back for
that meeting. There was also discussion on parking for rail commuters.
Downtown parking was again discussed. The Board had tabled from last week
discussion about the North Main Street parking regulations (beyond Chauncy
Street). Tom Goddard, a merchant in that area, told the Board that he has
a problem even when there is no snow. Chairman Colella said that he has
talked to the other merchants, and they prefer to leave the regulations
the way they are now. Mr. Goddard agreed to go along with this.
Correspondence (continued) - Notice from Bristol County of appropriation
to be paid to the County for Pension Benefits - $193,114.56
Report from Bristol County Home Care.
Letter from Whitman & Howard, consulting engineers for Merckens Chocolate
(Nabisco) Company for their wastewater study. This was discussed by the
Board, and the consensus of the Board was for the Town Manager to request
the results of the lab tests being done in conjuration with the Order of
Compliance issued by the Board as soon as possible. Mr. Hannon noted that
one 10 -day extension had already been granted, and that further delay, he
felt, was unnecessary.
Copy of Town Counsel's letter to Arthur Morrison regarding Cabot Pond.
Letter from the State DPW regarding Mansfield's utility work for Route 495.
Notice from the Bristol County Commissioners of a meeting of the Advisory
Board to consider the County Budget for the Fiscal Year 1977 -78. Select-
man Titus moved that Selectman Caponigro be the Board's representative.
Seconded by Selectman DeLong, voted 4 -0.
From the Department of Environmental Quality Engineering, survey of munici-
pal water use for flushing sewer systems and manholes.
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BOARD OF SELECTMEN
Minutes of the Meeting
January 26, 1977
Page 3
From SRPEDD, copy of the Section 208 (Water Pollution Control Act - Public
Law 92 -500) and the most recent laws promulgated by the EPA. A copy of
this was given to Town Counsel James Grady for review.
Raymond Goddard, 496 Ware Street, and other tJare Street residents met vrith
the Board again to discuss the situation in that neighborhood. Mr. Goddard
said that he and his neighbors were fearful for their families and property.
He said that various suggestions had been offered at the meeting with the
Board last week, and wondered what had been done about them.
The Town Manager said that the Board had asked to have the Building In-
spector and Town Counsel present at this meeting to discuss possible legal
action by the Town.
Bertram Cook, the town's building inspector and zoning enforcement officer,
said that under the state building code he has no jurisdiction. Mr. Cook
read the section of the zoning bylaw defining a family. He said that there
is no complaint against the structure, so he cannot enter the premises.
Selectman Caponigro said that one of the neighbors had contacted him regard-
ing cars in the area, and that there were complaints about hollering and
noise coming from the house keeping the neighbors awake.
Raymond Goddard questioned the minutes of the meeting from last week, say-
ing that at there were things said that were not done.
Selectman DeLong pointed out that there were no votes taken or directives
given.
Other residents of the area expressed concern that nothing had been done
about the disturbances.
Town Counsel James Grady said that he has discussed this with the Town
Manager and the Building Inspector. He said that he could suggest one
recommendation, although the result would not be immediate, but would
have to be acted on at Town Meeting. He gave the Board a copy of a draft
of a zoning bylaw change, to redefine "family ". He said that this would
have to be adopted by a 2/3's vote of the annual town meeting, and that
the Attorney General would also have to approve this. Mr. Grady continued
that another avenue would be for the Town to adopt General Laws, Chapter 40,
Section 22D regarding the town being able to adopt rules and regulations
for parking; the Town could tow vehicles violating the rules.
The Board members asked Mr. Grady if there were any other possible action
that could be taken. Mr. Grady said that a private class action suit be-
tween the neighbors might be filed. He said that if there were convictions,
and this was a repeated thing, the court might rule that the house was a
nuisance.
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BOARD Of SELECTMEN
Minutes of the Meeting
January 26, 1977
Page 4
Selectman Titus moved that the Town Counsel take legal action for
Restraining Order for the Ware Street location considered to be a
nuisance, with the cooperation of the Police Department. Seconded
* by Selectman DeLong, voted 4 -0.
Another resident asked what they were to do in the meantime. After
further discussion, Selectman Caponigro made the following motion:
that the Police Chief is to strictly enforce emergency parking ban
on Ware Street; that the Board of Selectmen be notified of any dis-
turbances that happen in this area; that the Town Manager instruct
the Chief of Police to assign on a nightly basis a man for surveil-
lance in this area to gather any evidence needed for the court case.
Seconded by Selectman Titus. Discussion - Selectman DeLong said that
he would like to see the Town Manager instruct the Police Chief to
have the man down there all night for the first five nights. Other
* Board members expressed agreement. Vote on the motion: 4 -0 in favor.
Selectman Caponigro moved,:that the Board be advised of this situation
* on a weekly basis. Seconded by Selectman Titus, voted 4 -0.
Town Counsel Grady outlined the procedure. He told residents that
he would need affadavits from them and said that he would be avail-
able at the town hall the next morning to interview them.
Selectman Caponigro moved that the Board of.Selectmen enter an article
on the Warrant for the annual town meeting to accept General Laws
Chapter 40, Section 22D. Seconded by Selectman Titus, voted 4 -0. (Attached)
Selectman Titus moved that the proposed definition of "family" (attached)
for the zoning bylaw be inserted as an article for the 1977 annual town
meeting. Seconded by Selectman Caponigro, voted 4 -0. A copy of this will
be forwarded to the Planning Board, as they must hold a public hearing
* on it before town meeting.
* **
North Blain Street Parking - Selectman Titus moved to rescind the motion
on Page 6, second paragraph, which would make the 2 -hour parking effective
from the hours of 8 a.m. to 1 p.m. on the west side of North Main Street
from Crocker Street northerly for 253 feet. Seconded by Selectman DeLong,
voted 4 -0. (This returns the parking to 2 hours, 24 hours a day)
* **
Delores Benson discussed submitting an article for town meeting regarding
Garden Street. After discussion, Selectman Titus moved to submit an arti-
cle for Garden Street, as was done last year. Seconded by Selectman Cap -
onigro, voted 3 -1 (DeLong opposed). Mrs. Benson said that she would add
the phrase "with a perpetual easement, at no cost, to the Town" if the
Board desired.
SE
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PROPOSED ZONING AMENDMENT
To see if the Town will vote to amend the Zoning By -Law, Sec-
tion I -E, Definitions, #10, Family, by deleting the said definition
and substituting the following:
410 "Family - A single individual doing his own cooking and
living upon the premises as a separate housekeeping unit,
or a collective body of persons doing their own cooking and
living together upon the premises as a separate housekeeping
unit in a domestic relationship based upon birth, marriage
or other similar domestic bond as distinguished from and
specifically not including any other group or association
of persons occupying a building or house; a boarding or lodg-
ing house; a Club, fraternity or sorority; a hotel, motel
or tourist home; and institutions of all types."
or to take any other action in relation thereto.
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BOARD OF SELECTMEN
Minutes of the Meeting
January 26, 1977
Page 5
Town Manager's Report
Lagoon - Mr. Hannon reported that there would be a meeting with State
officials regarding a proposal to re -route the effluent around the
Lagoon.
Step 2 Application - The Town Manager said that this would be submitted
next week for the design.
Selectman Titus moved to go into Executive Session to discuss the
character and reputation of a town employee and the status of union
negotiations. Seconded by Selectman Caponigro, voted 4 -0. Roll call
* vote: DeLong - yes; Caponigro - yes; Titus - yes; Colella - yes.
The Town Manager described the status of the Public Works contract ne-
gotiations. The negotiating teams had reached an agreement Wednesday
afternoon for a 2 -year contract at 64 and 614 percent for wage increases
with no other contract changes. The Union planned to hold a ratification
meeting on Thursday, January 27.
Also discussed was the disappearance of stock in one of the Town depart-
ments. The Town Manager described the various steps he had taken to
determine the scope of the stock loss.
All other business concluded, the meeting adjourned.
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