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HomeMy WebLinkAboutBOS MINUTES 9-8-1976BOARD OF SELECTMEN A G E N D A September 8,1976 • <7:30 p.m. - Call to Order Minutes of the previous Meetings (8/25/76 and 9/2/76) Treasurer's Warrant Clerk's Folder Correspondence • 7:45 p.m. - Light Director James Hall • 8:00 p -m. - Doyle Chaille, Owner of Mansfield Arcade • - Town Manager's Report Status of Police Cruiser Bids • - Board Reports Board of Selectmen Minutes of the Meeting September 8, 1976 Meeting opened at 7:30 P.M. Present were Selectmen DeLong, Caponigro, and Colella, Town Manager Dennis Hannon. Selectmen Clemmey and Titus absent. Selectman DeLong moved that the weekly treasurer's warrant of $167,782.03 • be approved. Seconded by Selectman Caponigro, voted 3 -0. Selectman Caponigro moved to approve the minutes of the week of August 25, • seconded by Selectman DeLong, voted 3 -0. Selectman Caponigro moved to approve the minutes of the week of September 1, seconded by Selectman DeLong, voted 3-0. Application for a one-day auctioneer's license for Milton Crosby of Sharon, Connecticut, for 160 Spring Street, Mansfield, on September 17. Motion to • approve by Selectman Caponigro, seconded by Selectman DeLong, voted 3 -0. Correspondence was read. Also received by the Board were two formal com- plaints of a barking dog owned by Ralph and Shirly Kelley of Cottage Street. This will be investigated by the dog officer and a hearing will be held next week on this. Arthur Terenzi of VFW Post 3264 presented the Town with a flag to be flown over the common or the Town Hall. A letter of thanks will be sent. John Gross of the Building and Housing Code Committee met with the Board. Mr. Gross said that he had read the paper about comments in a letter from the Building Inspector regarding entrance made by a member of the Building and Housing Code Committee into a private residence. He said that the committee member should have been identified and that he should have been asked to meet with the Board to defend himself. He said that he had en- tered the house as a private citizen. Mr. Gross also discussed the appoint- ment of a Building Code Board of Appeals. Light Director James Hall met with the Board regarding an agreement for the purchase and sales agreement for MMWEC and a certificate of incumbency for the town. After Mr. Hall explained the documents, Selectman Caponigro moved that the Town Manager as manager of the Municipal Electric Department, and Light Department Director James Hall be authorized to sign the certificate of incumbency for MMWEC. Seconded by Selectman DeLong, voted 3 -0. Select- man Caponigro moved to authorize the Town Manager as manager of the Light Department and the Director of the Light Department, James Hall, to sign the document relating to the purchase and sales agreement for MMWEC. Se- conded by Selectman DeLong, voted 3 -0. (Copy of both documents attached to * minutes.) The September 20 Light Commissioners' meeting was moved up to September 13 at 7 :30 P.M. Letter from the Recreation Commission that they will be meeting with the Selectmen on September 15. ( *- Motions passed) _1_ Board of Selectmen ` Minutes of the Meeting September 8, 1976 Page 2 Request from St. John's Church to close High Street from Rumford Avenue to the Light Plant on September 25 from 10 a.m. until 4 p.m. Note from the Chief of Police that he had no objections providing that the resi- dents may enter and leave with their autos whenever necessary. Select- man Caponigro moved to grant permission providing the Police Chief's �< recommendation is followed. Seconded by Selectman DeLong, voted 3 -0. Doyle Chaille, owner of the Mansfield Arcade, met with the Board. He explained that he had just returned from 10 weeks' vacation, and that he would like to reopen the Arcade, which has been closed for the last se- veral weeks because of the complaints. He said that he had talked to Lillie Shaw, owner of the building who was concerned about the trash in the back of the building. Mr. Chaille said that he was having it re- moved twice a week, but would take It to the dump every day if necessary. Selectman Caponigro discussed the complaints about noise and the messy premises. Mr. Chaille said that during his absence at the beginning of his vacation 18 -year old Skip Hanson had been supervising the Arcade. He said that the Arcade was closed when the Selectmen sent a notice about the complaints. Selectman Caponigro asked Mr. Chaille if there would be a financial hardship if the Arcade were not to reopen. Mr. Chaille said that he was not sure; it would depend on whether the lease was cancelled or not. Selectman DeLong said that he had been in the building himself in response to complaints, and that it had been a filthy mess. He said that he likes to give anyone a chance, but the licensee has a responsibility not to annoy his neighbors. Mrs. Beatrice Thayer related an instance where she had gone into the Arcade to ask that the bicycles in the middle of the sidewalk be moved, and that she had to call the Police Department because some of the youths allegedly followed her as she left for home. Selectman DeLong moved that the license for the Mansfield Arcade be rescinded 60 days hence. Selectman Caponigro seconded the motion for discussion. He then asked Mr. DeLong if there were no further complaints and the place were to be cleaned up, would he reconsider this motion after the 60 -day period. Selectman DeLong said that he would keep an open mind in this situation. The motion was voted 3 -0. The Town Manager reported on the status of the police cruiser bids. He told the Board that the cruisers were on Eastman's lot, and would be out- fitted with equipment from the old cruisers one at a time, probably with- in the next week and a half. The Board reviewed preliminary proofs for the town seal. The Town Manager said that the Water Superintendent had submitted a report to him regarding Well #2. He said that samples had been taken, and the level of manganese was found to be higher than that allowed by the State. He said that this might have been the cause for complaints about the water having an odor a taste, although there was no health danger from this. He said that he would recommend cleaning the well and treating with the chemicals as Witch Pond Well had been done by the Sullivan Brothers Company. The cost could run between $1,200 and $1,400, depending on the amo6nt of -2- Board of Selectmen Minutes of the Meeting t September 8, 1976 Page 3 chemicals needed to treat the well. He asked that the Board, in the interest of public health and safety, waive the bid procedure to do this well cleaning. Selectman DeLong made the motion to this effect, * and it was seconded by Selectman Caponigro and voted 3-0. The Town Manager reported on Back Bay Brook drainage work scheduled to begin next week. Selectman DeLong moved that the Warrant for the September 21 special town meeting be reopened. Selectman Caponigro seconded the motion, and it was voted 3 -0. After discussion of various possible articles, Selectman Caponigro moved the following three articles be inserted in the Warrant as Articles 2, 3, and 4: an article for the application (Step II) for the grant for the regional sewage treatment plant; an article for the acceptance of the Fairfield Optical property; and an article authorizing the Board of Selectmen to expend money received under the Public Works Employment Act of 1975• Seconded by Selectman DeLong, and voted 3 -0. (Note: Article 1 - re free cash from last week.) Selectman DeLong moved that articles for the modular ambulance and re- valuation of real estate be inserted in the warrant for the special town meeting. No second, motion fails. Selectman Caponigro moved that the warrant for the special'.town meet- * ing be closed. Seconded by Selectman DeLong, voted 3 -0. Selectman Caponigro discussed the drainage problem on North Main Street. The next bimonthly meeting of all board and committee chairmen was set for September 29. Selectman Caponigro discussed items relating to the Town Hall /Police Station Building Committee: bids received for the pistol range, land- scaping the town hall, leaks in the windows, etc. Chairman Colella discussed the North Main Street drainage project. He said that he would like to see the problem resolved within 60 days. Selectman Caponigro said that this should be an agenda item next week, and that the Town Manager should come back in with some figures. Select- man Caponigro then moved that the problem be corrected within the confines of the budget within 60 days. The Chairman passed the gavel, and he then seconded the motion. Acting Chairman Caponigro took the vote: 3-0. Also to be discussed next week: the island at Fowler Street. Chairman Colella again discussed the printing of a booklet on "how to protect homes against vandalism and crime" that the Citizens Awareness ( Committee wants to have printed. There was discussion about taking this out of a line item which would be put into the Police Department budget. Selectman DeLong suggested that this might possibly be printed as part of the town report. The Town Manager suggested that the news- paper might possibly print a weekly series on this subject, or that some IDS Board of Selectmen ( Minutes of the Meeting September 8, 1976 Page 4 local merchants might take on the project. Selectman Caponigro .moved that the meeting be adjourned at 8:58 p.m. Seconded by Selectman DeLong, voted 3 -0. -4- INC pm.'ricy CI:R'rI1 KATE or PARTICIPANT - We, the Municipal Electric Department Manager and Town Manager, Municipal Electric Department Director, and Secretary of the Municipal Electric Commission of the Town of Mansfield, Massachusetts (" Participant") certify as follows: (1) That the Municipal llectric�Department Manager''and Town Manager, and Municipal Electric Department Director, on behalf of the Participant, have executed and delivered ,agree- ments respectively entitled "Power Supply Package No. 1 (Nuclear Mix 1) - Power Sales Agreement" and "Power Supply Package No. •3. (Nuclear Mix 2) - Power Sales Agreement" (the "Power Sales Agree -.' meets ") dated July 26, 1976, by and between Massachusetts Municipal Wholesale Electric Company (NIMWEC) and the Participant pursuant to a vote of the Municipal Electric Commission dated July 14, 1976." (2) That said vote of the Municipal Electric Commission of the Participant authorizing the execution of the Power Sales Agreements, the transfer to 1IMWEC of all rights and obligations of the Participant with respect to acquisition of ownership interests in various electric power facilities and other actions, has not been amended or repealed. (3) That the execution and delivery of the Power Sales Agree- ments do not contravene or conflict with or constitute a breach._ or default under any agreement or other "instrument to which the Participant is a party or by which it is bound. We, the Municipal Electric Department Manager and Town Manager, and Municipal Electric Department Director, certify as follows: (1) That certain execution copies of the "Power Supply Package No. 3 (Nuclear Mix 2) - Power Sales Agreement" inadvertently included, the following provision: "The City of rrolyoke is to acquire a preliminary percentage share of Power Supply Package No. l (Nuclear Mix 1) calculated on the basis of 38.89;' of layer 1 thereof (such Holyoke share being, hereby determined to be.equivalent to G443 kW) and 3.9418,5 of layer 2. thereof (the kilowatt equivalent of such Holyoke share to be calculated by W4WWEC prior to June 30, 1977 on the basis of the ownership interests available to 11M14EC), and a preliminary per- centage share of Power Supply Package No. 3 (Nuclear Mix 2) calcu- lated on the basis of 5.64341a of layer 1 thereof (such rrolyoke share ( being hereby determined to be equivalent to 9,242 KW). If the aggregate Holyoke shares in the two packages are greater or -less than 22,197 I(W) (as no determined and calculated), the portion of layer 1 of Power Supply package No. 3 (Nuclear Mix No. 2) allocated to Holyoke hereunder shall be adjusted insofar as possible so that ( Ouch aggregate.shares equal 22,197 kW and the portions of Ouch layer allocated to the other Participants shall be adjusted pro rata, For the purpose of making the foregoing calculations, it.is hereby determined that the project capabilities of the Units in Power Supply Packages Pto: 1 and 3 are: Millstone NO 3 - 1,150,000 kW Pilgrim No. 2 - 1,1800000 kW Seabrook Nos. 1 and 2 - 2,300,000 kW Charlestown Nuclear Units Nos. ' l and 2 - 2,3001000 kW Montague Nuclear Units Nos. 1 and 2 - 2,300,000 kW ' Sears Island Nuclear Unit No. 1 - 1,150,000 kW" (2) That the quoted provision was inconsistent with a policy of the MMWWEC board of directors and contrary to the understanding of the parties at the time of execution of the agreements. (3) That the quoted provision is ineffective as written because no adjustment of the shares of Participants in layer 1 as'described in Exhibit B to the agreements is permitted by the terms of the municipal light board votes of the Participants authorizing execution of the agreements. (4) That, accordingly, it is agreed by the parties to the agreements that the quoted provision shrill be stricken or removed from every execution copy of the agreeements and that such provision shall be omitted fronf every certified, conformed or other copy of such agreements heretofore or here - after reproduced. t 1 The undersigned further certify that neither the corporate existence or powers or boundaries of the Participant, nor the title of any of us to our respective offices is being contested; that no authority or proceeding of the Participant essential to the effectiveness of the Power'Sales "Agreements had been amended, repealed, revoked or rescinded and no proceedings of the Participant have been taken relating to the Power Sales Agreements other than those certified to Wood Dawson Love & Sabatine or Palmer & Do Municipal Electri Department manager and Town Manager Municipal Electric Department Director Dated. 0 TOWN OF MANSFIELD MUNICIPAL ELECTRIC DEPARTMENT MANSFIELD, MASS. 02048 We, Dennis A. Hannon, Town Manager and Manager of the Mansfield Municipal Electric Department, and James F. Hall, Director of the Mansfield Municipal Electric Department, do hereby certify: (a) The Town of Mansfield (the "Municipality ") is duly exist- ing as a political subdivision of the Commonwealth of Massachusetts. The Municipality has duly authorized and executed Power Sales Agree- ments with respect to Nuclear Mix, No. 1 and No. 2. (b) The Preliminary Official Statement dated August 17, 1976 (the "Preliminary Official Statement ") was as of the date thereof, and the Official Statement dated August 26, 1976, as amended or sup- plemented pursuant to the provisions hereof and of the Purchase Contract (which, together with all appendices and exhibits thereto, maps, and other reports or statements attached thereto or included therein is called herein the "Official Statement ") was as of the date thereof, true and correct in all material respects relating to the Municipality and did not omit any statement or information re- lating to the Municipality which is necessary to make the state- ments and information contained therein not misleading in any mate- rial respect= (c) The Municipality has duly authorized its membership in Massachusetts Municipal Wholesale Electric Company; (d) Since August 17, 1976, except as referred to in or as con- templated by the Official Statement, with respect to its electric plant in the Municipality has not incurred any material financial liabilities, direct or contingent, or entered into any material transactions, in either case other than in the ordinary course of its business, and there has not been any material adverse change in the condition, financial or physical, of the electric plant of the Municipality other than change in the ordinary course of business: and (e) (1) Other than as set forth in the Official Statement, no litigation is pending or, to the knowledge of the undersigned of- ficial, threatened in any court to restrain or enjoin the delivery of the Power Sales Agreement, or in any way contesting or affecting the validity of the Power Sales Agreement, and (2) other than as set 2. forth in the Official Statement there is no litigation pending or, to the knowledge of said undersigned official, threatened against the Municipality or involving any of the property or assest which comprise the electric plant of the Municipality which involves the possibility of any judgment or uninsured liability which may result in any material adverse change in the business, properties, assets or in the condition, financial or otherwise, of the electric plant of the Municipality, other than routine litigation of the type which normally accompanies the construction and operation of municipal electric facilities. Manager of the 1(u icipal Electric Department of the Town of Mansfield Director of the Municipal Electric Department of the Town of Mansfield