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HomeMy WebLinkAboutBOS MINUTES 3-17-1971March 17, 1971 x In executive session James Kelly, a member of the School Committee notified the Board of Selectmen that the School Committee was in favor of notifying the Board of Selectmen that the Paine School could be made available for consideration by the Town Hall Building Committee for Town Offices or a Police Station without any detriment to the School Department. The School Building Committee is also in favor of this arrangement. Later in executive session: Members present: Selectmen Saunders, Caponigro, Clemmey, Town Manager Rolfe Camp and Town Counsel James Grady. Upon a motion by Selectman Clemmey, seconded bySelectman Saunders it was voted to appoint Selectman Caponigro Acting Chairman. Discussion with Joseph Gonsalves regarding camping park. Upon a motion by Selectman Clemmey, seconded by Selectman Saunders it was voted to approve Carbonettils Market- Liquors, Inc. transfer of stock with a new Manager. Discussion with Les Ferrier regarding land taking for new substation. Upon a motion by Selectman Saunders, seconded by Selectman Clemmey it was voted that the Light Department hire a professional appraiser for the land takings for the new substation. March 17, 1971 Meeting called at 7:30 P.M. All members present, and the Town Manager. Upon a motion by Selectman Zecher, seconded by Selectman Caponigro it was voted to approve the Treasurerts Warrant in the amount of $111,478.98. Unanimous. The minutes of the previous meeting were accepted as distributed;, Letters received from Cynthia R. Seifert and Marie E. Willis, members of the Library Trustees, signifying their interest in reappointment to this Board at the end of their terms this year. Letter received from the Department Public Works regarding a request that completed copies of forms previously sent to the towns for local road mileage be submitted since it could affect the allocation of funds for the town. Upon a motion by Selectman Zecher, seconded by Selectman Saunders it was voted to grant permission to the Brockton - Foxboro District of the Seventh -day Ad- ventist Churches to conduct a tag day in town on May 7, 1971 in conjunction with their annual Uplift Appeal. In case of inclement weather as alternate date may be chosen. Letter read from Mrs. Jellinek's lawyer requesting a copy of the February 24, 1971 minutes of the Selectmen's meeting. A check for $5.00 was enclosed and the letter advised that another check would be sent upon request. The Chairman advised that as far as he was concerned the minutes are open for public inspection, but the town is not in the business of selling copies to the public. Selectman Zecher suggested that the letter be referred to the Town Counsel, and the Board agreed. Letter received from Senator John M. Quinlan thanking the Board for notify- ing him of the Boardts opposition to the construction of a new Bristol County Court House in Taunton, advising that he will oppose the Bill. Upon a motion by Selectman Saunders, seconded by Selectman Zecher it was Voted to approve a character reference for Kenneth L. DeMond, 708 Elm Street and others, not residents of Mansfield, under the name of the Taunton Slow - Pitch Softball League, Inc. Unanimous. Copies of letters to Joseph Stivaletta Inc, and John Morley, Jr., Esquire read from the Department of Natural Resources in regard to the Elmwood Park Subdivision, advising to cease all filling at once, since this con- struction is in violation of the Hatch Act, and a permit must be granted by the Natural Resources. Letter read from the Town Counsel regarding the law for bids of any con' - struction which exceeds two thousand dollars, which states in part, that a contractor, within five days after he is awarded the contract must furnish a performance bond, and also a labor and materials or payment bond, - 2 - satisfactory to the awarding authority, each in the sum of at least fifty per cent of the contract price. The premium will be paid by the general contractor and included in the contract price. If the bidder fails to furnish these, the award shall be made to the next lowest responsibile and eligible bidder. Selectman Zecher questioned whether or not Eagan & Peck had procured a performance bond, stating it is a State law and can not be bypassed. After:.a >.discussion Selectman Caponigro advised that from now on nothing should be done without a surety bond, or performance bond, and the Board agreed. Letter recevied from Louis Cinelli, Chairman of the Recreation Committee regarding the vandalism at Memorial Park, requesting consideration for the following recommendations: that the Park be declared OFF LIMITS after dark, signs to be erected notifying the public of this and that action would be taken against anyone found on the premises without special permission. Anyone caught riding horseback or riding a motor vehicle of any kind on the property would be subject to prosecution. Suggested a watchman be secured to police the Park during the nighttime hours and be equipped with a Walkie Talkie so that he could be in contact with the Police Department. Persons found damaging or causing undue litter and debris should be prosecuted to the full extent of the law, The Town Manager suggested appropriating money for fencing and gates, and Selectman Caponigro suggested putting it off limits immediately. Select- man Zecher suggested putting everything into effect right away. Selectman . Clemmey advised that as far as a watchman goes,and in lieu of the fence,that silent burglar alarms be put in each building and have them :tied into the Fblice Station. This way, anyone tampering or causing damage, the alarm would go off and the Police could get up there right away. The Town Manager to check with Mr. Ferrier regarding this type of alarm system. Attorney White before the Board representing Hugo Carbonetti who is in the pro- cess of selling his business and property at 525 North Main Street. He has a package store license, and in order for him to sell his business he has to transfer stock and appoint a new Manager. Requested authorization for the share of stocks to be '.transferred, which is necessary for the property to be transferred before the first of May. John Kinsley and Robert Anton who would be the ones buying the business were also present. There would be no transfer of the licenses, so no hearing would be necessary. The request was tabled until the Town Counsel checks the request. Attorney White also spoke regarding an application for a permit to store one- half million gallons of petroleum products on the property at 500 School Street formerly owned by Edward F. Carl, Jr., and requested that a hearing date be set for the O'Malley Corporation and Edward F. Carl, Jr, so they may proceed with their plan to store waste petroleum products pending reprocessing. The Board agreed to set a hearing date of April 7, 1971 at 8 :00 P.M. on the above request, The Town Manager advised that a new line is necessary from Maple Street to the Foolish Hill Reservoir, and the estknated total cost by the Light Department for installation and wire would be $20750, This would come out of account #701.8 ( and the Board approved, - 3 - Upon a motion by Selectman Clemmey, seconded by Selectman Saunders it was voted to table two permits for sewer connections, namely, one on Pleasant Street and one at 123 Union Street until the State gives permission to connect addi- tional sewer connections, Unanimous, Selectman Zecher brought up about the D.P.U. report to be signed tonight for the operation of the Light Department for the year 1970. He advised that he hesitated to sign this as it does not include all the charges that should be in there, namely, $10,657,96 for 1969 and $10,598.27 for 1970 for Blue Cross /Blue Shield and Retirem. #pt which should have been paid to the town by the Department. If it goes in without these amounts being paid there should be a change made in one paragraph, or a separate letter should be sent advising that there is a liability to the town not shown in the report, Selectman Saunders advised that when an audit is done it is closed, as of the end of the year. Could send a letter stating facts. After a discussion a motion was made by Selectman Saunders, seconded by Select- man Caponigro to approve the audit report of the Light Department with an attachment of a supplementary letter explaining the omission of charges which should have been paid, Selectman Clemmey was opposed, Selectman Zecher stated that he would not vote until he sees the letter and the Chairman advised that Mr. Babcock, the auditor, should also see the letter, Selectman Saunders ad- vised that the letter should come from the Town Treasurer, After further discussion regarding the audit Selectman Zecher left the meeting since he was not in agreement with the Board regarding the audit. The remaining members agreed to get in touch with Mr. Babcock and have him come down here and advise the Board what to do about the audit. *James Kelly, member of the School Committee and Superintendent Avery before the Board and Mr, Kelly requested a five minute executive session with the Board because of financial reasons, and upon a motion by Selectman Clemmey, seconded by Selectman Saunders it was voted to go into executive session. After a five minute discussion, upon a motion by Selectman Saunders, seconded by Selectman Caponigro it was voted to go back into open session. Robert Button, Civil Defense Director before the Board to request that the Board change its previous vote regarding the distribution of the questionnaires allowing him to pass them out at Town Meeting, He requested that permission be given as requested previously to insert them in the Town Reports stating that this way more townspeople would get them than if they were distributed at a Town Meeting, After a discussion, upon a motion by Selectman Saunders, seconded by Selectman Caponigro it was voted to give permission for the insertion of the C,D, questionnaire in the Town Report, and the expenditures for 1970 to be in- serted by C.D. volunteers as well, Unanimous, Building Inspector Joseph Chalifoux reported to the Board in regard to the property at 170 Tremont Street advising that on May 11, 1970 he had issued a building permit to J. P. Smith in the amount of $2,500, to raise the roof 6n a barn on his property. The property is going to be used for a nursery. This is permissible in an agricultural zone, The barn roof was raised to allow room for his equipment downstairs in the barn, Mr, Smith is registered with the Town Clerk under the name of Pinecrest Nurs @yy and Landscape Company, Selectman - 4 - Caponigro questioned whether or not landscaping was an allowable use in an agricultural zone. Think there are two separate businesses here, and that Mr. Smith should check with the Board of Appeals. Mr. Shortsleeves who last week questioned the type of business to be conducted at this property questioned Mr. Smith about his equipment, etc. and was informed by Mr. Smith that he owned all of the equipment,and plans to use.it in his business. Selectman Saunders suggested that the question of the landscape business be checked with the Town Counsel, The Building Inspector advised that land- scaping was not spelled out in the Zoning By -Laws, The Building Inspector brought up about a piece of property owned by the town at the corner of Dane and North Main Streets which should be torn down. The Fire and Police Departments and Town Treasurer are all concerned, and think the building should be demolished. The Board gave permission to have the building demolished. Selectman Caponigro questioned regarding a permit for Franklin Street for Waldon Realty Trust, The Building Inspector advised that he had given per- mission so that they could finish two apartment houses on a deadend street. He advised that the gravel is being hauled away, and the Building Inspector advised that this is surplus material and is being given away. The Town Manager suggested that if the contractor has surplus gravel this section of the road should be brought up about 3 or 41 and did not think any more gravel should be hauled out of there. Upon a motion by Selectman Sanunders, seconded by Selectman Caponigro it was voted to go into executive session. The regular meeting adjourned at 9 :20 P.M.