HomeMy WebLinkAboutBOS MINUTES 2-2-1977BOARD OF SELECTMEN
AGENDA
February 2, 1977
• 7:30 p.m. - Call to Order
Minutes of the Meeting
Treasurer's Warrant
Clerk's Folder (Sunday Licenses) and a new license for
Correspondence Class 2 Auto Sales
Country Auto Sales - Copeland Drive
• 8:00 p.m. - MBTA
1.
2
3
M
Discussion about Mansfield's and area cities'
and towns' concerns about the MBTA contract
Update from MBTA on the contract status between
the MBTA and Conrail - W.B. Williams, MBTA Chief
of Operations
Legislative Report
U.S. Rep. Margaret Heckler
State Senator Robert McCarthy
State Representative Philip Filosa
State Representative Leon Lombardi
Discussion on future of rail service
• 9:15 p.m. - Fire Department Budget Review - Acting Fire Chief Richard
Bellavance
• - Appointment to Finance Committee Vacancy
• - Ware Street Update
• - Town Manager's Report
• - Board Reports
• Executive Session - Mr. Wilcox re land acquisition on Mill St.
BOARD OF SELECTMEN
February 2, 1977
Minutes of the Meeting
Present: Selectmen Robert DeLong, Tony Caponigro, Frank Colella, David
Clemmey, Douglas Titus, and Town Manager Dennis Hannon
Meeting opened at 7:30 p.m.
Warrant - $271,221.75 - Motion to approve by Selectman DeLong. Seconded
* by Selectman Caponigro, voted 5 -0.
Selectman Clemmey moved to approve the minutes of the January 26 Select-
* men's meeting. Seconded by Selectman Caponigro, voted 5 -0.
It was noted that the regularly - scheduled Light Commissioners' meeting
will fall on a Monday holiday, so Selectman Caponigro moved to hold the
meeting on February 14 at 7:30 p.m. Seconded by Selectman DeLong, and
* voted 5 -0. This will be posted.
* **
Light Commissioners - Memo from Light Department Director James Hall ex-
plaining that the new owner of Twin Oaks Apartments is interested in pur-
chasing the transformers at that location so that he may be eligible for
the lower rate. Mr. Hall's memo gave the purchase price the Light Depart-
ment paid for the transformers, approximate depreciation rate (3 -5 %) and
the amount of labor involved. It was noted that these transformers were
purchased in 1973. Also noted was that the Town would have to collect
a 5% sales tax at the time of the sale to the Twin Oaks Apartments. There
was discussion by the Board, and then Commissioner DeLong moved to approve
the sale of the transformers as recommended by Mr. Hall, at the deprecia-
tion rate of 5 %, with the provision that Twin Oaks also purchase a standby
transformer. Seconded by Commissioner Clemmey, and voted 5 -0. (The main-
tenance of the transformers, according to Mr. Hall's memo, will be done
by Twin Oaks.)
* **
From the Commonwealth of Massachusetts, Department of Youth Services,
certification that the youth detention quarters at the Mansfield Police
Station have been inspected and approved.
Letter from the Superintendent of Schools regarding request of the School
Committee that the Highway Division assume the function of removing snow
from and sanding the school parking areas. The Board discussed this, and
the Town Manager is to get figures on the amount of time involved, extra
equipment, etc.
Petition from residents of Central Street regarding a permit issued for
an alleged non - conforming dwelling at 340 Central Street. The Chairman
asked that the Building Inspector be present next week for this discussion.
Letter from Fred Mueller of 94 Otis Street regarding continuance of rail
service from Mansfield for commuters.
(* - Motions passed)
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BOARD OF SELECTMEN
Minutes of the Meeting
February 2, 1977
Page 2
Report from the Water Division for well pumping.
Application from Louis F. Andrews for the Great Woods Study Committee.
Letter from SRPEDD regarding their review of Mansfield's pre- applica=
tion for $200,000 for Community Development Grant.
Bill from Murphy, Lamere & Murphy for $300 for an Amicus Brief regarding
Danvers Firefighters Association. The Town Manager will get the details
on this for the Board.
Letter from SRPEDD regarding use and training of CETA personnel.
* **
Article from the World War II Scholarship Fund Committee to add $2,000
to that fund. Selectman Caponigro moved to submit this as an article
for the 1977 Annual Town Meeting warrant. Seconded by Selectman Clemmey,
* voted 5 -0.
Articles (2) from the Great Woods Study Committee. Motion to submit to
the Warrant by Selectman DeLong, seconded by Selectman Caponigro, voted
* 5 -0.
Petition article to establish a committee of 5 members to study the
feasibility of computerization of town records through purchase, or
leasing of equipment, or use of a service bureau. Selectman DeLong
moved to insert this article on the Warrant. Seconded by Selectman
* Caponigro, voted 5 -0.
Article from the School Committee for $42,000 to repair the High School
track area. Selectman Caponigro moved to insert this article into the
* Warrant. Seconded by Selectman Clemmey, voted 5 -0.
Article from the Downtown Development Committee to have the town vote
to accept the report of that committee and take required action on the
recommendations. Motion to submit by Selectman Clemmey, seconded by
* Selectman Caponigro, voted 5 -0.
Article from the Board of Selectmen for Police Station security. Select-
man Caponigro said that the figure for this was not firm yet. Other
Board members said that the figures could be inserted later. Selectman
Clemmey moved to insert this article into the Warrant. Seconded by
* Selectman Caponigro, voted 5 -0.
Petition article to sell at public auction to highest bidder land in the
Norton Grove area. Motion to submit for Warrant by Selectman Caponigro,
* seconded by Selectman Titus, voted 5 -0.
Petition article for rezoning of Chauncy Street ( #166 - 190). Motion to
* submit by Selectman Caponigro, seconded by Selectman Titus, voted 5 -0.
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BOARD OF SELECTMEN
Minutes of the Meeting
February 2, 1977
Page 3
Article from the Conservation Commission to designate the following
streets as scenic roads under G.L. Chapter 40, Section 15C: Balcom
Street, Maple Street (from Franklin Street to Oakland Street), Mill
Street (from Common to Norton town line), Old Elm Street, Otis Street,
Plain Street, West Street (westerly from Tremont Street), Williams
Street, and Willow Street. Motion to insert by Selectman Clemmey,
* seconded by Selectman Caponigro, voted 5 -0.
Article from the State DPW, Rights of Way Bureau, to accept part of
Forbes Boulevard, which lies within the proposed limits of Route 495,
as a town way. Motion to insert by Selectman Clemmey, seconded by
* Selectman Caponigro, voted 5 -0.
Articles from the Planning Board to accept Coach Road, Lantern Lane,
and Village Road as town roads. Selectman Clemmey moved to insert
these three articles in the Warrant. Seconded by Selectman Caponigro,
* voted 5 -0. It was noted that these would require a public hearing by
the Board of Selectmen. The hearing was set for February 23 at 8 p.m.
Article for the establishment of a 5- member Youth Council. Select-
man Clemmey moved to insert this article in the Warrant. Seconded by
* Selectman Caponigro, voted 5 -0.
* **
At 8 p.m. there was a meeting regarding rail commuter service in
Mansfield with MBTA officials. Separate transcript to be prepared.
* **
Residents of South Main Street met with the Board and Representatives
Lombardi, Filosa and State Senator McCarthy. Karl Clemmey, spokesman
for the group, said that of the 16 families to be relocated, 2 have
already received offers from the State that were below what the people
thought should be the fair market value. After discussion, Senator
McCarthy said that he would contact the State DPW Rights of Way Bureau
in the morning to set up a meeting with the residents. The meeting
was set for February 8 at 7:30 p.m.
Renewal - Sunda Entertainment license for Gloria Columbo Hall, Sons
of Italy, for #2 Coin operated machines. Motion to approve by Select-
* man Caponigro, seconded by Selectman Clemmey, voted 5 -0.
New Application - Class II Auto license, for Country Auto Sales, Route
140, Copeland Drive (former Eastman Ford Annex). Owner, James J. O'Brien,
8 Wilson Drive, Southeaston, Mass. Selectman Titus moved to grant this
* license. Seconded by Selectman Caponigro, voted 4 -0 (Clemmey - abstaining).
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BOARD OF SELECTMEN
Minutes of the Meeting
February 2, 1977
Page 4
Acting Fire Chief Richard Bellavance met with the Board to review
his budget request for FY 77 -78. Items discussed: EMT certifica-
tion of firefighters, call firemen; fire alarms - numbers, types,
and maintenance of the system, building maintenance, salaries,
operating expenses, equipment. After discussion about the rate
of pay for callmen, Selectman Clemmey moved to pay callmen $5 per
hour after 3 hours for box alarms (excluding brush fires). Se-
conded by Selectman Caponigro, voted 5 -0. Selectman DeLong dis-
cussed starting proceedings to eliminate the part of the town's
subdivision regulations that required underground alarms. No action
taken.
* **
From the Commonwealth of Massachusetts, Department of Environmental
Management, copies of the Outdoor Recreational Plan. Selectman
Clemmey moved to send this this the Conservation and Recreation Com-
missions. Seconded by Selectman Titus, voted 5 -0.
* **
Ware Street Update - The Clerk of the Board read a memo from the Town
Manager to the Board regarding the complaint against 475 Ware Street
tenants. In the memo, Mr. Hannon noted that the area has been under
surveillance, and that Town Counsel has prepared and filed a complaint
against the tenants and owner as nuisances, and that the hearing on
this will be held on Monday, February 7, 1977, at 10 a.m. at the Taun-
ton Superior Court. Raymond Goddard and "Butch" Gormley also met with
the Board to say that as long as the police were there, there were
no problems. The Town Manager asked if the Board wished to continue
the surveillance. After discussion, Selectman Caponigro moved to con-
tinue surveillance at 475 Ware Street until the court date. Seconded
by Selectman Clemmey, voted 3 -2, with Selectmen DeLong and Titus opposed.
* **
Town Manager's Report - Mr. Hannon told the Board the Highway Division
Salary account would need a $5,000 transfer because of the snow removal
overtime. The Manager said that usually a transfer is not requested
until the account is depleted, but the salary account is encumbered un-
til the end of the year. Selectman DeLong moved to approve this trans-
fer and forward to FinCom. Seconded by Selectman Clemmey, voted 5 -0.
Rotary Club wants to know if the town would be interested in participa-
ting in a program honoring one outstanding employee, board or committee
member, etc. Mr. Hannon noted that the Rotary Club would do the choosing
from a list of 3 candidates submitted by the Selectmen, Town Manager, etc.
Town Report Cover - Mr. Hannon discussed with the Board possible pictures
for the annual report cover.
BOARD OF SELECTMEN
( Minutes of the Meeting
February 2, 1977
Page 5
Police Civil Service list has been received, and 2 of the 3 names are
those of people from town.
* **
Selectman DeLong questioned if the EMT's for the Fire Department would
require malpractice insurance. The Manager answered that this was
covered under the town's liability insurance.
The Board set the date for the next bimonthly meeting of the Board and
committee chairmen with the Selectmen: February 16 at 7:45 P.M.
The Town Manager said that he had an item for Executive Session regard-
ing land acquisition. Selectman DeLong moved to go to Executive Session.
Seconded by Selectman Caponigro, roll call vote: DeLong -yes, Caponigro-
yes, Colella -yes; Clemmey -yes; and Titus -yes. It was noted that the
Board would not return to open session.
Before going into Executive Session, Selectman DeLong moved to go back
into Open Session. Seconded by Selectman Clemmey. Selectman Clemmey
moved to appoint Edward Benson of 38 Pleasant Street to the Finance
Committee, his term to expire on January 1, 1980. Seconded by Select-
man DeLong, voted 4 -0 (Selectman Titus out of the room). Board went
* into Executive Session.
In Executive Session the Board met with Earl Wilcott, Newland Street,
Norton, to discuss his concerns about the final sales price for his
property for 2.04 acres located on the Mansfield /Norton townline.on
Mill Street. The Board discussed several of Mr. Wilcott's concerns,
including his desires for the lumber to be cut down within the 20'
roadway which eventually will be installed from Mill Street to the
well site. Also, the installation of four property bounds, the remo-
val of loam in the proposed road bed, and a gate are to be considered
by the Board as part of the final sales value. The Board agreed that
these matters whould be discussed with the Town Counsel and if appro-
priate, some of them would be included in the sales value.
Also, the Board reviewed with the Town Manager the progress at the
Police factfinding hearing held before factfinder David Bloodsworth
that afternoon. Mr. Hannon stated that both parties had presented
about 40 exhibits each and now the attorneys for both have 30 days
to file a legal brief, then the factfinder has 30 days to report his
findings.
Also, Mr. Hannon summarized the facts presented to the hearing examiner
of the State Labor Relations Commission concerning the Unfair Labor
( practice filed by the Town concerning the Fire Department minimum
safe manpower and the Union complaint that the town does not recognize
the 3 night men as part of the bargaining unit. All business concluded,
the meeting adjourned.
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BOARD OF SELECTMEN
Minutes of the Meeting
MBTA
February 2, 1977
Present: Mansfield Selectmen DeLong, Caponigro,
Mansfield Town Manager Hannon
Mansfield Planning Director C. Maurer
State Senator Robert McCarthy
State Representative Leon Lombardi
State Representative Philip Filosa
Congresswoman Margaret Heckler's Aide,
Stoughton Selectman Joseph Gomes
Stoughton Transportation Committeeman
Colella, Clemmey, Titust
Charles Zaffini
Carl McMorrow
Meeting opened at 8 p.m. with MBTA Chief of Operations Walworth B. Williams
and Richard Glynn ,Chief Financial Officer.
Selectman Clemmey read a statement listing the concerns of Mansfield re-
garding commuter rail service with the MBTA.(copy attached).
Town Manager Hannon referred to the report prepared by the Planning De-
partment and the student intern working for that department. This report
showed that a number of the people boarding the train at the Mansfield
station are from out of town.
Walworth B. Williams of the MBTA said that there are two separate problems
with commuter service. Number one, he said, is that the MBTA is greatly
dissatisfied with Conrail's service. He said that the estimated costs
have been extremely high. He said MBTA does not have the detailed infor-
mation from Conrail yet. He said that it was questionable whether MBTA
could continue commuter service with Conrail as the operator. He said
that the MBTA has been searching for some other carrier to provide the
commuter service, even though'� they were still trying to reach an agree-
ment with Conrail. He said that Conrail has posted notices in all stations
that service will be discontinued as of March 13. He said that Conrail is
basically a freight carrier, and that commuter service was poor at exorbi-
tant costs. Conrail only furnished this service because it legally had to.
The MBTA is looking into the Boston and Maine line as a possible carrier.
MBTA owns the stock and the rolling stock, and that they do not have to
have Conrail as the operator. He said that if MBTA can find another car-
rier, and it is assumed that rail commuter service will continue, then the
state law requires that any town or city outside the MBTA district must be
under contract with the MBTA for such service. He said that the towns must
pay the difference for operating beyong the "T" district. He said that
this never came up before with the Penn Central operating under the require-
ments of the Interstate Commerce Commission. He said Penn Central operated
at a loss, without a subsidy, and that this no longer pertains to Conrail.
Under the Regional Rail Reorganization Act, Conrail no longer has to pay
for commuter service out of its freight revenues. Mr. Williams referred
to his January 21 letter to the communities giving estimated costs. He
said that he could not tell the communities in advance what the exact
costs would be., He said that the comnunites would have to decide whether
they wanted commuter service badly enough to pay the estimated costs.
MBTA
-1-
MANSFIELD'S CONCERNS ABOUT MBTA CONTRACT
The Town of Mansfield has several concerns about the proposed contract for
the continuation of commuter rail service. Before the town enters a contract
or even considers any serious commitment to the MBTA, these issues should be
totally resolved:
1. The town currently serves as a regional train center with almost
one half of the current daily passengers actually being from out
of town. In stormy weather, it is estimated that the passenger
total from neighboring towns and from Rhode Island is greater
than 50 %. Mansfield in no way would consider a subsidy based on
total passengers boarding from Mansfield, but instead would only
consider a subsidy based on the actual number of Mansfield resi-
dents. This could be easily determined on an annual, semi - annual,
or quarterly basis by actual survey of the commuters, as was done
in October by the town. Also, it should be known that the town
maintains two town -owned properties adjacent to the tracks for
commuter parking, as the railroad parking is totally inadequate
for daily commuter parking.
2. As expressed to the MBTA at an October meeting, Mansfield and other
towns can make no legal contractural commitments without town meet-
ing approval. Boards of selectmen are not empowered to make commit-
ments of funds without an appropriation by town meetings. The
federal guidelines for subsidy changes are therefore unrealistic.
( UMTA should be approached to allow an exception to the regulations
while towns schedule this item for their annual town meetings.
3. The tremendous gap between Conrail and MBTA in the current nego-
tiations makes it impossible to make any reasonable estimate on
subsidy costs. The commuter service should be continued until
MBTA and Conrail have agreed on subsidy costs, and then the MBTA
should approach itsrmembers and adjacent communities with more
reasonable estimates for subsidy costs. The towns are being asked
to suffer the loss of service without the MBTA fulfilling its re-
quirement to give a direct accounting of the subsidy costs. To
expect a commitment from any of the contract towns by February 18
without this detailed information is very unrealistic.
4. Though the MBTA has assured the contract towns that the contract has
an annual renewal, the Town of Mansfield is concerned that its in-
volvement with the MBTA might increase the possibility of state legis-
lation further expanding the MBTA district to include these contract
communities. Mansfield is totally opposed to any membership in the
MBTA. While it receives commuter rail service, Mansfield does not
consider itself a suburb of Boston in any other sense.
5. Mansfield shares the concern of other current MBTA towns about the
cost_of service as proposed either by MBTA or Conrail. This fear
about rising MBTA costs also makes the town very hesitant to in any
way become involved with the MBTA.
BOARD OF SELECTMEN
Minutes of the Meeting
February 2, 1977
Mr. Williams continued that the estimates were based on those that Con-
rail had given to the MBTA, and that the MBTA would rather give a con-
servative estimate than not enough. He said that the various towns
and cities outside the "T" district would already have to be under con-
tract if it were not for the federal and state aid being received. He
said that the Regional Rail Reorganization Act provided for UMTA to pay
the difference between the operating expenses and what Conrail was get-
ting. At the present time, the actual aid from UMTA is 100 %. MBTA is
still paying a monthly payment based on the old Penn Central contract.
UMTA is paying the difference. Up until now, the towns of Foxboro,
Mansfield, Sharon, and the City of Attleboro have been paying nothing.
As of March 26, the UMTA aid will be dropped to 90 %. The 90% subsidy
will continue until March of 1978, at which time it will drop to 50 %.
The 50% subsidy will continue for 6 months, until September of 1978,
and then there will be no more subsidy from the federal government:
The communuties will have to pay the entire cost of service, less the
State aid. State aid - the State has been paying a portion of the MBTA
net cost of service within the "T" district (50 %). Outside the "T" dis-
trict, the State has been paying 75% of the communities' share, which
will end at the end of the Fiscal Year, June 30. As of March 27, when
UMTA aid drops to 90 %, there is a 10% portion which has to be paid either
by the State or the town. Of that portion, the State will pay 75 %, and
the town 25 %. So, in effect, the towns would pay 212% of the net cost of
service. Mr. Williams said he did not know if the State aid would con-
tinue after June 30. He said that it probably will, only he did not know
what percentage. The MBTA has filed a bill in the legislature calling
for a 100% subsidy from the State outside the district. He said that the
State subsidy would more than likely continue.at the same 75% funding
level for another year.
Dick Glynn, Chief Financial Officer of`the MBT
as
city or
discussed the figures that
own outside the "T" district.
Planning Director Chad Maurer discussed the number of people boarding at
Mansfield that come from out of town - 53 %. He discussed basing the charge
on the percentage of actual riders from Mansfield.
Mr. Williams discussed the talks with B & M regarding taking over the commu-
ter service. He said that he could not discuss the figures at this time,
but that it would be less expensive than Conrail.
Selectman Antonino Caponigro of Mansfield pointed out that the town would
not have time to get town meeting approval to enter into a contract before
the March 13 deadline.
Mr. Williams doubted that Congress would vote any more money than was already
a oc -7 al td_. He said that he realized the limitations of the town government
structure, but in some cases, the finance committees were being approached
for a transfer for funds until town meeting time. He said that some kind
of a commitment was needed from the town to continue service, not necessarily
a contract.
MBTA
-2-
BOARD OF SELECTMEN
Minutes of the Meeting
February 2, 1977
Selectman Robert DeLong of Mansfield discussed the possibility of buses
going into Boston.
Mr. Williams said that the MBTA controlled the buses within the district,
but had no jurisdiction outside of the district.
Carl McMorrow of the Stoughton Transportation Committee noted that his
town had the same problem with town meetings. He said that the Select-
men voted in Stoughton to request a transfer of $800 to carry them to
the end of the Fiscal Year, and in the meantime, more.information and
figures can be considered at the town meeting.
State Representative Leon Lombardi asked Mr. Williams what assurance could
be given that there would still be train service after the March 13 dead-
line.
Mr. Williams said that no assurance could be given.
CarlaaS hrage, 120 School Street, Mansfield, noted that the State aid pro-
vided comes from every state taxpayer. She asked what would happen to
money put up by communities if the rail service is interrupted.
Mr. Williams said that the towns would not pay for that period - the cost
would be reduced accordingly; a per diem cost would be deducted for each
day the town was without rail service.
Senator Robert McCarthy said that the Governor and Secretary of Transporta-
tion Salvucci were totally committed to mass transit, and that the State
is going to make a commitment of money towards this. He said that he would
be against the MBTA opposing bus service if the train service were not pro-
vided. He said that the key to this would be to keep the train service.
Selectman David Clemmey of Mansfield asked if the MBTA would consider basing
The subsidy on 90% ridership.
Mr. Williams said that it would be very difficult to change the formula basis.
State Representative Leon Lombardi noted that House Bill 1739, introduced by
State Representative Louis R. Nickinello, which would provide for 100% sub-
sidy by the State, had a hearing today before the Joint Transportion Commit-
tee. He noted that this would be a slow process.
State Represent Phili Filosa noted that this would have to be reviewed
by the House Ways an Means Committee.
Charles Zaffini of Margaret Heckler's office read a statement from Mrs. Heckler
Ming the importance of the. .continuance of the commuter rail service.
Mr. Williams noted that there would be a public hearing on this by Congressman
Robert Drinan and State Representative Louis Nickinello in Framingham on
February 10.at 8 p.m.
MBTA
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BOARD OF SELECTMEN
i' Minutes of the Meeting
February 2, 1977
Joseph Gomes of Stoughton noted the importance of not losing rail service
to the tovans. He said that once lost, it could not be regained.
Beatrice Thayer, 57 Charles Street, Mansfield, discussed charging out -of-
town commuters to park in Mansfield.
David_ Clemn said that he would make a motion to submit an article to
T6 considered at the annual town meeting to fund rail service assuming
the facts and figures were before the Board by the time Town Meeting came.
The motion was seconded by Selectman Caponigro. (no vote taken)
Mansfield Selectman Dou las Titus was concerned about the people who at-
en a school or worked in Boston who depended on the rail commuter ser-
vice.
After further discussion, Selectman Caponigro moved that the Board of
Selectmen request a transfer of $1,875 from the Finance Committee to pay
for one month of rail service, from March 27 through April 30, so as to
continue service until the town meeting considers this. Seconded by
* Selectman Clemmey. Voted 5 -0.
The Chairman thanked the representatives and senator, the.MBTA officials,
and others for attending. Mr. Williams asked that the Town notify his
office of the action taken by the FinCom.
( *-. Motions passed)