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HomeMy WebLinkAboutBOS MINUTES 6-11-1975BOARD OF SELECTMEN A G E N D A June 11, 1975 • 7:30 pm. - Call to Order Treasurer's Warrant Minutes of the Previous Meeting Correspondence Clerk's Folder 0 7:40 P.M. - Leon Grant • 7:45 P.M. Sewer Connections (Bob Eames and Ernie 1,1hite- 41oodland Park) • 8:00 p.m. - Light Commissioners • 8:15 p.m. - Municipal Building Committee (Norman Paulsen) • 8:45 p.m. Joint Appointments Board of Health Recreation Commission • 8:50 p.m. - Great 4toods Study Committee Chairman Marydee Flynn • '9:95 P.m- - Department Heads (Planning Director Chad Maurer) (Building Inspector Bert Cook) • 9:15 P.M. - Open and Close Warrant for June 24 Special Town Meeting • 9:30 P.M. - Hearing - VAI • 9:45 P.m. - Town Manager's Report Board of Selectmen Minutes of the Meeting ( June 11, 1975 Present: Chairman Caponigro, Selectmen Colella, Levine, and Titus, Town Mana- ger Dennis Hannon. (Selectman DeLong not present.) Meeting opened at 7:35 P,m. Chairman Caponigro read the treasurer's warrant total of $183,748.08. Selectman Levine moved that this be approved, which was seconded by Selectman Colella, and voted 4 -0. The minutes of June 4 were discussed. Selectman Levine stated that the mo- tion to accept the minutes of May 28 had been made by Selectman Titus and Selectman Levine had made the second, and it was voted unanimously. Chair- man Caponigro asked that on Page 5, Paragraph 3, the second sentence be changed to read: "Selectmen Titus and Colella apologized for having missed the event." Selectman Levine moved that the minutes of June 11 be accepted with the changes. Seconded by Selectman Colella, voted 4 -0. Letter and portfolio received from G.E. Maguire, Inc., engineering consultants, asking to be considered for work for sewage treatment plant. From Patricia G. Grant, request to be appointed as a constable in Mansfield. Mrs. Grant explained that her husband, Leon C. Grant, was now a constable, but because of the workload, thought there was a definite need for another active constable. The Board discussed this with the Grants, and Selectman Levine moved that Patricia G. Grant be appointed constable, with the term to expire January 19 1976. Seconded by Selectman Titus, voted 4 -0. ( From James A. Wills, Vice President of New England Security Insurance Agency, letter advising that this company and the Mansfield Cooperative Bank are prepared to provide shrubs and labor for beautification of the public, park- ing lot between the two buildings. Selectman Levine moved that the Torn Manager be directed to contact Mr. 41ills to start this project. (No second or vote recorded) From the New England Telephone and Telegraph Company, petition to lay and maintain underground conduits and manholes on Pratt Street, entering into the Housing for the Elderly. Hearing was set for June 259 at 7:45 P.m. From the Fred S. James Company, letter regarding public official liability insurance. .Tovm Manager will check into this. Mr. Ernest White and Robert Eames came before the Board to discuss the pend- ing sewer connection application for their subdivision, Woodland Park. After discussing the state's recent modification in the sewer ban for the torn, Selectman Levine suggested that Mr. White and Eames come back to the Board with a revised plan for only a portion of the subdivision so that it would be below the 21000 g.p.d. the State would allow the Torn to hookup. From the Reverend Morton A. Hill, letter regarding statutes to control porno- graphy at the local level. The Board met as light commissioners. The Town Manager explained that a vote was needed regarding the joining of NEPOOL with the more particular details. The Clerk of the Board started to read the vote to be taken, and Selectman Titus moved that since the Board members all had copies of this, that the reading be waived. Seconded by Selectman Colella, voted 4 -0. _1 _ CERTIFICATE I, the Clerk of the Municipal Electric Commission of the Town of Mansfield, Massachusetts, certify that at a meeting of the commission held , 19 , of which meeting all members of the commission were duly notified and at which a quorum was present, the following vote was,unanimously passed, all of which appears in the official records of the commission in my custody: Voted: (1) that the municipal electric department become a member of the New England power pool and enter into the New England Power Pool Agreement dated as of September 1, 1971, as amended by Amendments dated July 1, 1972, effective September 15, 1972, March 1, 1973, effective May 1, 1973, and March 15, 1974, effective June 1, 1974, and that the municipal electric depart - ment manager or the municipal electric department director, with the approval of the municipal electric department- manager, be authorized to execute the foregoing documents on behalf of the municipal electric department and to take such other actions as may be necessary or desirable to effect its membership in the New England power pool; (2) that the municipal electric department concur in the fixing of an effective date, under Section 1.2 of the New England Power Pool Agreement, as heretofore amended, for it to become a participant in the New England Power Pool and for said agreement to become fully binding and effective in accordance with its terms as to it, which date is earlier than the first day of the second calendar month following its satisfaction of the requirements of the first paragraph of Section 1.2 of said agreement; and (3) that, in addition to the foregoing, the municipal elec- tric department approve the proposed amendment to the New England Power Pool Agreement, dated as of June 1, 1975, and that the - municipal electric department manager or the municipal electric department director, with the approval of the municipal electric department manager, be authorized to execute the same on behalf of the Municipal Light Department and to take such other actions` as may be necessary or desirable to make said amendment effective. I further certify that the meeting was open to the press and public; that notice. stating the place, date and time of the meeting was filed with the Town Clerk and a copy thereof posted in the office of the Town Clerk or on the t principal official bulletin board of the town at least 24- hours, including Board of Selectmen Minutes of the Meeting June 11, 1975 Page 2 The Town Manager reported that the Town Counsel had reviewed and approved the wording of the certificate of the vote to accept NEPOOL membership, Selectman Titus moved that the Board pass the vote,to accept NEPOOL member- ship (copy attached). Selectman Levine seconded the vote, and it was voted unanimously'4 -0. Also discussed was the advertising of the new electric rates. Mr. Hall, Light Director, said that these would be advertised in the newspaper on June 12. From the Executive office of Communities and Development, Field Representa tive Robert Heanue, request to set up an appointment to meet with the Board to discuss programs offered by the Office of Planning and Management, The Town Manager will make the arrangements. From SRPEDD, notification that the full SRPEDD Commission had voted to support Mansfield's Community Development application to HUD. From the Criminal History Systems Board, letter advising of new procedure for requesting criminal offender record information. Letter received from Rep. Philip Filosa offering to assist Mansfield with sewer plant proposals. Regarding regional sewerage treatment, The Town Manager said that there will be a meeting with the Water Pollution Control Division in Boston on Juhe 16 at 2 p.m. Members of the Municipal Building Committee and School Supt. Dr. John Collins met with the Board of Selectmen to discuss the proposed Qualters Middle School addition. Norman Mahana made a presentation showing the exact location of the addition, the studies done to show the need for this 'addition, and seating capacity. Dr. Collins reported on population projection, the types of class- room spaces to be in this addition, state reimbursements at 61.7% after July 11 grade organization (grades 5 - 8), the cost of the alternative for the addition - double sessions by 1977, the comparison of the effect on the tax rate of the addition versus the double sessions, and bond issues. The Board!and citizens asked questions of Dr. Collins and the Municipal Building Committee members, and then Chairman Joseph LaMarre discussed with the Board the work planned for the Maple Park Bathhouse. Regarding that project, Selectman Titus moved that the stop -order for that one article be rescinded, so that the project might proceed. Seconded by Selectman Colella. Vote,! was deadlocked, with Select- men Levine and Caponigro opposed. A meeting regarding joint appointments for the vacant positions on the Board of Health and the Recreation Commission had been scheduled on the agenda. The Chairman declared the meeting open' and then Selectman Titus moved that these appointments be postponed until two weeks from this meeting. Seconded by Selectman Levine, and voted 4 -0. Mr. Lou Andrews of the Great woods Study Committee met with the Board to ex- press that Committee's concern over the possible rescinding of articles from the Annual Town Meeting. Mr. Andrews presented a copy of the application for the state Self -Help funds for the land acquisition voted at Town Meeting to the Board along with a copy of a hatter of agreement from the attorney of the -2- Board of Selectmen Minutes of the Meeting June 119 1975 Page 3 owner of the land. He asked that the Board get an opinion from Town Counsel to see if the planned action was legal. Selectman Levine also questioned the legality of the proposed action. The Chairman suggested that this be taken up during the opening and closing of the warrant for the special town meeting. Planning Director Chad Maurer was the department head for this week. (The Building Inspector had also been scheduled, but was not at the meeting). Mr-Maurer updated the Board on projects that he and the Planning Board were working on: evaluating the comprehensive planning program, community attitude survey, and the downtown renovation plan. He said that two articles would be presented regarding re &ional sewage treatment for the special town meeting. The Board held a public hearing on the alleged violation at the VZT Hall on Chilgon Avenue regarding serving alcoholic beverages after hours. Mr. Edward Creedon, Commander of the VFW Post, appeared on behalf of the VFW. Selectman Levine read the report from the Chief of Police stating that on May 29, at 2 :14 a.m. two police officers found the door of the club unlocked, and that Mr. Creedon was behind the bar, with 5 patrons at the bar. Chief D'Afile recommended to the Board that some action be taken. Mr. Creedon said that he was the bartender that evening, and that there had been an or- ganizational meeting earlier that evening. He also stated that he had ne- glected to lock the door, and that it was his responsibility. Mr. Creedon said that there had in fact been people at the bar that night. There was a discussion of closing time for club licenses - 1 ,.m. for last call, and by 1:30 a.pl, to clear the premises. Chairman Caponigro stated that since this was the first time in 42 years that any complaints have been received, that he would recommend that the Board issue a strong warning at this time. Selectman Colella moved that a firm warning be issued to the Commander of the VFW Post, and that if there were any further violations, a revocation of the license might take place. (Motion recorded, but no second or vote.) The Chairman of the Board will send a letter to the Commander. Correspondence: Letter from Conservation Commisbion and notice of public hearing from the Planning Board, letter from Leonard Flynn asking to be considered for Board of Health appointment, from Town Counsel regarding James Dunleavey. Selectman Levine.moved to hold a public hearing regarding James Dunleavy's gas station on South Main Street for next week's meeting. Selectman Colella moved that the meeting next week begin a 6 p.m. Seconded by Selectman Titus, voted 4 -0. Other correspondence: report from water department, notification from Easter Seal Chairman regarding Easter Seal Sundae, mailagram from HUD, and petition to rescind 'action at 1975 Annual Town. Meeting under articles 5, 191 38, and 2. Clerk's Folder: one -day beer license for the Mansfield Firefighters' Asso- ciation for June 21 (rain date June 22).- Motion to approve by Selectman -3- Board of Selectmen Minutes of the Meeting June 11, 1975 ( page 4 Colella, seconded by Selectman Titus, voted 4 =0. Two -day beer license for June 14 -15 for the Tri- county Beagle Club off School Street. Motion to approve by Selectman Colella, Seconded by Selectman Titus, voted 4 -0. Application from Leon Grant for Class II license to repair second hand motor vehicles at 69 Creedon.'Street. Selectman Colella moved that this be tabled for one week. Seconded by Selectman Titus. Voted 3 -1, with Selectman Levine opposed. Selectman Levine moved that on June 25 the Board vote to take action on this application. No second. Selectman Caponigro advised Mr. Grant that he should be at that meeting although he could not guarantee that the majority of the Board would act on the application at that time. Selectman Colella moved that the Board hold a hearing on any license that comes before the Board with the exception of a one -day beer license, and that all abutters will be notified. Selectman Levine questioned who would do the notifying and whether this would be done within a specific period of time. After further discussion, Selectman Levine seconded the motion Deadlock vote: Selectmen Caponigro and Titus opposed, Selectmen Colella and Levine for. Selectman Colella moved that he would like to hear from John Cook in the audience. No second. The Chairman advised Mr. Cook that he could get on the agenda. selectman 'Titus moved that articles not acted upon at the 1975 Annual Town Meeting be inserted. Seconded by Selectman Levine. After discussion, Selectman Titus included in that motion the numbers of the articles: #48, 501 52, 539 54, 55, 569 57, and 58. Voted 4 -0. Selectman Levine moved to insert an article to replace article 51 (Youth Committee) which would allow the Board of Selectmen to appoint a Youth Committee from this special town meeting until the next annual town meeting. Selectman Colella seconded t1m motion, and it was voted 3 -1, with Selectman Titus opposed. Selectman Levine moved that since Town Counsel was not present to give his opinion regarding the insertion of the petition article calling for re- consideration of the Capital Improvement section of the Article 2, that the whole article 2 should be submitted for reconsideration. He commented that the Board, if so concerned with the tax rate, should reopen the whole of article 2 to reconsideration. There was no second to this motion. Selectman Titus moved to put the petition articles on the warrant. Second by Selectman Colella. Voted 3 -1, with Selectman Levine opposed. Selectman Titus moved that the article for transfer of funds from Kinder- garten construction fund to school construction fund account be inserted. Seconded by Selectman Colella, voted 4 -0. Selectman Titus moved that the Municipal Building Committee article for the $2.7 million middle school addition be inserted. Seconded by Select- man Levine, voted 3 -1, with Selectman Coblla opposed. -4- Board of Selectmen Minutes of the Meeting r Tune 119 1975 Page 5 Selectman Titus moved, and Selectman Colella seconded, that two articles for regional sewage treatment be inserted in the warrant. Vote on the first article: 3 -19 with Selectman Levine opposed. Vote on the second article: 4 -0. Selectman Titus moved that an article approving the Community Development application be inserted. Seconded by Selectman Colella, voted 4 -0. Selectman Titus moved that $10,000 more from overlay reserve be appro- priated for sludge dewatering equipment. No second. Selectman Titus moved that $30,000 more from overlay reserve!,be appro- priated for sludge dewatering equipment. Seconded by Selectman Levine, so voted. Selectman Titus moved that an article similar to article 59 of the annual town meeting applying surplus revenue to the tax rate be inserted. Seconded by Selectman Colella, so voted. Selectman Titus moved that an article be inserted to reduce the debt and interest amounts on the Dustin Well and the High School Roof loans 'by $160,000. Seconded by Selectman Colella, so vote d. Selectman Titus moved that an article be inserted to allow for the forma - tion,,of a historical research committee. Seconded by Selectman Colella, voted 4 -0. Selectman Levine moved that an article for the formation of a building code board of appeals under the general laws be inserted`. >= Seconded by Selectman Levine, so voted. Selectman Titus moved to close the warrant. Seconded by Selectman Levine. So voted. Selectman Levine asked that Town Counsel give an opinion whether the Light Commissioners only could set the amount to be given to the town in lieu of taxes. The Town Manager asked that the Board approve 2 t3ansfer requests: one for $535.52 for extra blue cross and blue shield coverage for extra employees. Board members asked the Town Manager to hold on this one. The other was for $285.40 for Patriotic Holidays account. Selectman Levine moved that this be approved. Seconded by Selectman Titus, voted 4 -0. The Board discussed whether the number of class II licenses in town should be limited. No action taken. Board also disoussed� Fulton Pond landscaping. Selectman Titus moved that the stop - orders recently imposed on any new com- mitments on FY 75 -76 appropriations be rescinded, except those to be taken up at the special town meeting. Seconded by Selectman 061alla, and voted 3 -1 with Selectman Levine opposed. -5- Board of Selectmen Minutes of the Meeting June 11, 1975 Page 6 Chairman'Caponigro asked the Toim Manager to contact Royal Patriquin re- garding the proposal to set up a permanent honor roll in Mansfield. Selectman Titus moved to endorse Gerald A. Groom as the public officials' representative. Selectman Levine seconded the ; :motion, and it was voted 4 -0. Selectman Titus moved for adjournment at 11;30 p.m. Seconded by Selectman Levine, voted all in favor. -6-