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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) -1- 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. -2- 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). -3- 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. -5- 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 -3- 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)