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HomeMy WebLinkAboutBOS MINUTES 5-6-1970May 6, 1970 Meeting called at 7:33 P.M. All members present, and the Town Manager, The minutes of the previous meeting were approved as submitted, The Chairman read the amount of the Treasurer's Warrant in the amount of $102,593,33, Selectman Zecher questioned two vouchers; namely, #1247 and #1249. After discussion, upon a motion by Selectman Zecher, seconded by Selectman Main it was voted to approve the Warrant minus voucher #1247 in the amount of $373,30, making the total Warrant $102,220,03, Two petitions were received from the New England Tel, & Tel, Co, and the Town of Mansfield Light Department covering the proposed locations and relocations of jointly owned poles on High Street, No hearing will be necessary for the petition showing the relocation of five poles, but a hearing will be necessary on the removal of seven poles on High Street from Dean Street, northeasterly and one pole from Dean Street, approximately 577 feet. Upon a motion by Se- lectman Zecher, seconded by Selectman Conroy it was voted to hold a hearing on the removal of seven poles on High Street on May 27, 1970 at 8:00 P.M. Letter received from Mrs. Dzierzanowski of the P.M. Division of Women's Clubs requesting perm.iission for the use of the South Common for the Club's annual Arts Festival on June 6, with an alternate date of June 130 1970, from 8:30 AM to 6 :30 PM. Permission also requested for June 5 at 6:30 P.M. to prepare for the next day, as well as permission to use the rest rooms at the Town Hall or Library, erect a sign on the Common two weeks prior to the Festival, food concessions, sale of merchandise and a band concert. Upon a motion by Se- lectman Zecher, seconded by Selectman Clemmey it was voted to grant permission to the PM Division to hold its annual Arts Festival on June 60 with alternate date of June 13, 1970, on the South Common with other requests granted as out- lined above. Letter received from the Department of Public Utilities with a copy of the D.P.U. #16561 in the matter of the petition of the Town for consent in writing by the D.P.U. to the layout, construction and use of an industrial spur track across and at the same level of the public ways known as Oakland and Maple Streets. This consent was given with the provision that the grade crossings of Oakland and Maple Streets with the spur track shall be equipped with the reflectorized crossing warning signs and reflectorized distant warning signs, etc, of the type required by the General Laws. The grade crossings shall be protected by a train crew member providing so-called Stop and Protect method during all switching movements across the crossings, and for further protection a red flag should be used by day, and a red lantern at night whenever night signals are required. The Town Manager to contact the developers regarding the above regulations. Letter received from the Department of Public Health in response to the town's request to have a sanitary survey made relative to the development of B_pond as a swimming area. The survey showed that extensive dredging, piping and landscaping will be necessary, and provisions made for adequate and safe drink- ing water, refuse disposal facilities, sanitary and bath house facilities, picnic and parking accommodations. The analyses of samples of the water from the pond showed the water to be highly colored and turbid with a considerable amount of algae growth, and therefore unsuitable for bathing at the time of sampling in February. 5/6/70 - 2 - In order to receive the approval of the development of this pond it will be necessary, after the completion of the noted items, that the facilities in general and the water quality in particular must conform to Article VII of the State Sanitary Code, Also, the letter advised that a release will not be necessary from the Water Commissioners for the use of this land for a swimming area since this land was acquired by a Town Meeting vote for high- way purposes. Upon a motion by Selectman Conroy, seconded by Selectman Zecher it was voted to grant a Sunday license to Tony's Pizzeria, 267 North Main Street Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was voted to grant a Food Service Establishment license to Tony.'s Pizzeria, 267 North Main Street, Upon a motion by Selectman Conroy, seconded by Selectman Zecher it was voted to grant a Common Victualler's license to Tony's Pizzeria, 267 North Main St, Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was voted to hold a hearing on May 20, 1970 at 8:00 P.M. on the application of Donald and Mary Linari, 57 Pleasant Street, Franklin, Mass. for the increased under- ground storage from.15,000 to 20,000 gallons of gasoline at the Shell Station at the corner of East and South Main Street. Upon a motion by Selectman Conroy, seconded by Selectman Clemmey it was voted to grant a renewal Auct i.oneer's license for Leon C. Grant, 67 Creeden Street. The Town Manager advised that he was advertising for bids for a front end loader,tractor /back hoe for the Water.Department, to be opened at 2:00 P.M. on May 26, 1970. He also advised that he had opened bids at OtOO P.M. today for miscellaneous items for the Water Department, the bids to be checked for low bidder on all items. Upon a motion by Selectman Zecher, seconded by Selectman Main it was voted to approve the Light Department's purchase'of 55 pine poles from Westinghouse Electric Supply Company at a cost of $2,134.61, (Low bidder) Upon a motion by Selectman Main, seconded by Selectman Zecher it was voted to approve the purchase of miscellaneous equipment for the Fire Department in the amount of $1,539,70, and new equipment in the amount of $4,132.55 from Richard Pomfret Company Selectman Main advised that he had a visit from Mr. Lowe, representing Joseph Iacuzzi Contracting Company, advising him that the first bids on the Creeden Street sewer job were opened today illegally since the bids were advertised to be opened at 4 :00 P.M. and the first bids received were opened at 2:00 P.M. Hdc.igreed with Mr. Lowe that there was a question and a technical point, The Chairman agreed that Mr, Lowe has a valid point, but he was satisfied that it was an unintentional error, and he would be willing to apologize to Mr. Lowe personally for the error. The Town Manager agreed that he had made an error in the time, and was sorry that it had happened. After further discussion, upon a motion by Selectman Clemmey, seconded by Selectman Main it was voted to reject the bids received for the Creeden Street sewer job, and to readvertise, the bids to be opened on Friday, May 22, 1970 at 2 :00 P.M. 5/6/70 - 3 _ Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was voted to approve the appraisal figure of William B. Coyle, Jr, & Associates of $600,00 for the appraisal of two parcels of land which Cabot, Cabot & Forbes wishes to buy. Upon a motion by Selectman Zecher, seconded by Selectman Main it was voted to appoint Thomas Maloy, Richard Driscoll, and Fernand Bedard as members of the Board of Appeals for three year terms, and Lee Kingsbury and Willard Roots as Associate members for two year terms, Selectman Zecher questioned regarding the Chapter 90 maintenance money extended by the Department of Public Works for the completion of the bridge painting con- tract on the School Street overpass, The Town Manager advised that he had been in contact with Redfern, and had written to the painting contractor regarding completing the job which should be completed in a couple of weeks, Selectman Zecher also stated that the bumpers up at the railroad station parking lot should be painted and should be on the list for Chapter 90 maintenance work, The Town Manager advised that the center section of Pratt.Street should be taken out and done over, and one section by the High School should be done also, Selectman Zecher had suggested that High School boys be hired to paint the bumpers, but the Town Manager advised that Chapter 90 work has to be done according to Chapter 90 state specifications, and has to be let out for contract,_ Selectman Main questioned regarding grown, Avenue and Lakeview Avenue, and also some- one at the Park to replace Mr, Robinson, Selectman Zecher questioned also regarding fertilizing and fixing Memorial park, the commons, street improvements, paint the trim on the Town Hall, shed at Fisher Richardson House, street lines, as well as a Chapter 90 maintenance program. The Chairman advised Selectman Zecher that he was opposed to bringing up these things in open meeting like this, and a heated discussion took place between the Chairman and Selectman Zecher, After further discussion it was agreed that the Town Manager will submit a list of work to be done, i,e, road work, Chapter 90 maintenance, etc, to the Board specifying work done by town forces and by contract, and the Board will set the priority on these items. Letter received by the Board from Mrs. Burke, and she presented pictures for them to look at, The Chairman advised that the Board would meet with her in executive session at 8:30 P.M. next Wednesday, May 13, 19.70, Selectman Main stated that there too many executive sessions - the taxpayers have right to know what is going on. Thought abatements should be discussed in open session, The Chairman advised that as far as he was concerned the feeling of the Board will prevail, and he was open to suggestions. R. E. Freerksen, President of the Bungay Lake Association, Inc, read a prepared statement in conjunction with the development of the Witch Pond area as an added water supply for the town. Copy of statement in minute book, Christy Vose, President of the M.A.P. Association appeared before the Board and advised the Board that the Association had voted that they would like to ask the town to take or buy or assist the Association in acquiring the grain mill property on the Old Colony right of way. The building has been vacant for months, and the property is for sale, at a reasonable figure. In conjunction with the 'growth of 5/6/70 -4_ of the town, traffic, etc, it is a good location that should be taken, along with other properties in the vicinity. It would make a good relocation for a new Post Office. After discussion, Mr. Vose agreed to get a plot plan for the whole area that would be necessary to acquire, and submit it to the Board. Selectman Conroy moved that anyone wishing to come before the Board should call any member of the Board, Town Manager or his secretary stating whether or not they wished to be heard in executive or open meeting. A discussion followed and the Town Counsel discussed executive meetings, that a majority vote of the Board should decide whether or not the problem should be discussed in executive session. Regarding abatements, for sewer assessments in executive, the Town Counsel advised it is not necessary to do this at a public meeting, but what you decide to do should be done at a public meeting. After further discussion, Se- lectman Conroy's motion failed for the lack of a second. John R. Sloan, 27 Newton Street drawn as juror for criminal business in Superior :Court, New Bedford the first Monday of June. The Bast Mansfield Community building for the Youth Center group was discussed. The Town Counsel will draw up an agreement, not a lease, giving the group per- mission to use the building with certain restrictions from the list presented by Mr. Corliss stating what the Youth Center wanted to use it for. This per- mission would be given with stipulations listed that the group assume all re- sponsibility for any injuries or damage done. Town Counsel Grady advised there would be a meeting on Friday, May 8, at 4:00 P.M. with the men from the Fire Department regarding salaries and wages. Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was voted to go into executive session at 9:20 P.M. In executive session a discussion was held with Alfred Sarro, 12 Hillside Terrace regarding an abatement for his sewer assessment. Discussion with Henry Lemieux, 160 Church Street regarding abatement for sewer assessment. Discussion with Frank Signoriello, 43 West Street regarding washout at the corner of his garage by the water from Fulton's Pond. Board agreed to have the Building Inspector look into it. STATEMENT OF R. E. FREEMEN, PRESIDENT, BUNGAY ASSOCIATES, INC., AT SELECTMEN'S MEETING - MAY 5, 1970. V We believe it is the duty of every citizen to bring to the attention of community leaders, any facts which are in its possession regarding proposed actions. That is the purpose of my being here. We have facts which tend to plove that the installation of a well in the Witches Swamp area will affect the capacity of the existing West Mansfield wells. These facts come from the reports and actions of Whitman and Howard, the engineers who have made nearly all of the water studies in Mansfield. First, there is a relationship between the level of the lake and the capacity of the existing wells. Let me explain. Prior to 1957, it was the practice of the Bungay Associategto allow the lake level to drop about 2 feet below the spillway in order that ice not damage the boat docks. At these times, the existing wells were not able to pump to capacity. Therefore, the Town of Mansfield, upon the advise and technical support of Whitman and Howard, obtained an injunction to pre- vent the Associates from lowering the lake. Since that time, the Associates have refrained from lowering the lake and there has been no further problem with well capacity in the fall. Second, there is a substantial flow of water from Witches Pond to Bungay Lake under normal conditions. The flow was metered in June 1967, and showed an average of over 1,000,000 GPD. When the flow stopped, during the drought years of 64, 65 and 66, the lake sometimes dropped 2 or 3 inches per day! t Third, there is no doubt the water from the test well is primarily from surface sources. The entire area is a basin of sand and gravel. The -z- topography is not indicative of the type that usually provides 'under- 1( } ground rivers' From these facts it doesn't take a mathematician to add up the conclu- sions! New wells will lower the level of Witches Pond, the flow of water into Bungay Lake will be curtailed, the level. of Bungay will drop, and the existing wells will be able to pump only to partial capacity. There are other factors to be considered. The Town of Mansfield is not the only user of water from this watershed. The Federal Fish Hatchery pumps over 1,000,000 GPD from several points just yards below �Q the dam. They also have a legal right to water 1 foot below the spill- way. Although the Department of The Interior may not interfere with the town's plans, they might not treat lightly any action which jeopardizes their half million dollar investment. There is also the problem of piping water from the site to the system. Pipe must be run through North Attleboro land, under Rt. 95 at Plain Street and then to the Pumping Station. Isn't North Attleboro going to want something in return -- like maybe a portion of the water? The days are no longer here when we can take the 'experts' word for what is right for us. We've got to use our own heads and judgment, too. I don't need to remind you that it was once 'expert' opinion that our air couldn't be harmfully fouled, that our rivers couldn't be harmed by dumping a 'few' wastes. one of the biggest lessons mankind has learned in the past decade is the necessity of considering all the possible af- fects of his actions. The supply of buffalo and passenger pigeons was not in exhaustible, and 'r l the supply of water in the West Mansfield area is not infinite. We be- lieve there is at this time a very delicate balance in the area. Is it k -3- worth the risk to spend development estimated at $200,000 for wells which may only redistribute the supply, not add to it? All these facts were presented to the townspeople before. They then voted to appropriate money for further investigation. Is it right to bring the same proposal before them without following their previous instructions? We believe it is your responsibility to investigate sources where the risk of failure is not so great. To spend time and money on a water source which does not prove out could be disastrous to the economic growth of the town. 1, 0