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HomeMy WebLinkAboutBOS MINUTES 8-6-1969August 6, 1969 Meeting called at 7:47 P.M. All members present, and the Town Manager, Upon a motion by Selectman Kellam, seconded by Selectman Saunders it was voted to approve the Treasurer's Warrant in the amount of $915,047.89, The Clerk read a copy of a letter from Fay, Spofford & Thorndike, Inc. to the Town Counsel regarding sample forms for land taking for articles in regard to Avigation and Clearance at the Airport. The Board received the Planning Board's budget for 1970, and congratulated the Board for being the first one in with its budget. Letter was read from the Planning Board addressed to Camp, 'Dresser and McKee advising that the Planning Board has accepted their proposal to perform a sewer study in the town, the study to be conducted to allow for its incorpora- tion into an overall comprehensive sewer plan to be done in the future. The total cost of this project will not exceed $5,000. The Board approved the proposal, and the Chairman signed the proposal for the Board. Letter received from T.G, Scott, Jr, on the Personnel Board in Sharon re- questing information regarding neighboring communities with regard to collect- ive bargaining agreements and conditions of employment with town employees. A questionaire was enclosed to be filled out regarding the town's policies and pay scales, the questionaire to be returned by September 1. A summary of this information from other towns will be mailed to each town participating. Communication received from the Massachusetts Selectmen's Association regard- ing House Bill 5581 which is designed to provide for the construction of low or moderate income housing in cities and towns. At a meeting of the Executive Board of the Association it was voted to oppose the mandatory provision of this Bill, and advised that the Board's approach to the various Senators would support the Association's position. Opinion received from the Town Counsel regarding the validity of restoring the two per cent reduction of salaries voted in the 1969 Annual Town Meeting. After consulting with the Bureau of Accounts the Town Counsel's opinion was, in part, that if such a vote carried at the Special Town Meeting it would not be legal under Chapter 41, Section 108A and that he did not believe that under this law that the Town Accountant could certify the payroll, or the Board could authorize these payments, or the Treasurer to issue checks. After a discussion the Board agreed to have the Town Counsel at the meeting next week to discuss whether or not this included the School Department's request As well as the Police Department's petition. The scheduled 8 :00 P.M. hearing on the petition of the Telephone Company was postponed for ten minutes, to see if a'`represeitative of the Company would arrive. 8/6/69 2 The Airport Commissioners received a monthly report from Lincoln S. Noble representing W.Main, Mgr, of the Municipal Airport advising of work done at the airport, and recommendations for work to be done. Letter on file. The Board invited to participate in the float competition for the City of Attleborots 275th anniversary celebration on October 12, 1969. The Board signed the Department of Public Workst Memorandum of Agreement forms for the maintenance of certain roads in town. The Board received an invitation from Bruce Wood for the Interim Recreational Development Committee to attend a meeting of community leaders at the Gloria Columbo Hall on Thursday, August 14, at 7t30 P.M. The purpose of the meeting is to organize and to explore the possibility that a swimming and recreation area off Maple Street can be developed quickly and economically. At 8:10 P.M. the postponed hearing was held on the petitionsof the New England Telephone and Telegraph Company . There was no opposition, and upon a motion by Selectman Zecher, seconded by Selectman Saunders it was voted to grant permission for the joint ownership of one pole and the removal of two poles on Stearns Avenue, with the Light Department. Upon a motion by Selectman Zecher, seconded by Selectman Saunders it was voted to grant permission for the joint ownership with the Light Department of 14 poles on Stearns Avenue. Leslie Ferrier, Superintendent of the Light Department appeared before the Board regarding the Power Planning Committee of the Municipal Electric Associa_ tion, with regard to the rate reduction from NEPCO; long range planning with the large New England Power Companies and to secure large blocks of lowtcost power from new atomic energy and associated pumped storage facilities. He gave a detailed resume of what has been done advising of the increased costs since NEPCO started to work on the rate reduction program. The cost this year would be $5,775.00 for the town's share of the rate case expense, and another bill would be coming for $3,045.21 to cover the cost of the bulk power activities. The savings to the town through the rate reduction program amounts to over $150,000.00 since the first rate reduction in 1964. He advised the town was morally committed to support the rate reduction program, but from now on advised that we should only support that part of the program. He told the Board that he would write a letter to the Power Planning Committee to go with the payment of the $5,775.00 to be paid under protest if approved by the Board. After further discussion, upon a motion by Selectman Saunders, seconded by Selectman Zecher it was voted to agree to the payment of $5,775.00 now due with the provision that the Superintendent of the Light Department write the letter to the Planning Commission„ Letter received from Rose C. Rogoven, Jess :Realty Trust,entering an objection to the town dump being located on the former Hercules Powder pro perty onSteams Avenue since she awns a large tract of land adjoii -Ang this area and also land across the street; She further claimed that the dump would definitely de_ �, preciate the value of this property, and cause a great loss. 8/6/69 3 l Benjamin Cavallo and Frank Signoriello came before the Board regarding the moving of a building from 183 Chauncy Street to Warren Avenue, Mr, Cavallo presented the Chairman with a letter from his Attorney, Herbert F. Patriquip, regarding the matter. Copy of letter attached to the minutes, Walter $setts, of North Attleboro had applied for the permit to move the building, The Town Manager and Supt. Ferrier explained the agreement which Mr. Cavallo was to sign regarding payment for the costs involved, Mr. Ferrier advised that he had checked the law referred to in Atty. Patriquin's letter, and found that the law referred to electrical companies and not municipals who are free to charge, and get the cost of labor, etc, back. He advised the men and trucks that would be needed, plus materials and administrative overhead. The de- termined charge to be $50,00 per hour, and $80,00 per hour if the job runs into overtime. Also that he had been advised that they were planning now to move the building on Friday morning at 8:30 A.M. The Town Manager advised that the contractor has to remove certain signs and to replace concrete where signs have to be moved;, cut tree limbs, and has to remove one tree on Warren Avenue, the tree limbs to be hauled to the dump. Tree to be removed should be stumped, and recommended that this work be in- cluded in his agreement to move the building. After.further discussion, upon a motion by Selectman Saunders, seconded.by Selectman Zecher it was voted to accept Attorney Patriquintsrletter of- protest and give permission for the moving of the building, subject to provisions recommended by the Town Manager. Upon a motion by Selectman Clemmey, seconded by Selectman Kellam it was voted to follow the recommendation of the Town Manager to buy a sewer rodder from J.F. McDermott Company at a cost of $4,790.OQ The Town Manager advised that although the Board voted to buy a Caterpillar front-end loader from Witt - Armstrong Equipment Company, after ordering the equipment he had been advised they could not meet the specifications. He recommended the Hough loader with backhoe, and after a discussion, upon a motion by Selectman Saunders, seconded by Selectman Clemmey it was voted to accept the Town Manager's recommendation and buy the Hough loader at a cost of $26,205.00. Walter Holm and Ralph Seifert appeared before the Board to discuss the Airport Commissioner question. Mr. Holm advised that since last week there has been a lot of discussion about the airport, and suggested that the Selectmen, as Com- missioners transfer their authority to a group for a two year period. At the end of that time if an adequate job has not been done, the Selectmen could resume their position as Commissioners. He outlined a plan, and advised that the group would report its progress to the present Airport Commissioners issuing written quarterly reports. There was a lengthy discussion, but no decision made regarding the matter. Margot Jellinek advised the Board that she wanted to go record regarding two facts. Did not know whether the Board was familiar with these facts, one, that the Building Inspector the Selectmen has hired has given out illegally two permits; one for a building and one gravel permit. Also, that the Board has hired aTown Counsel who is not familiar with municipal law. Upon a motion by Selectman Clemmey, seconded by Selectman Saunders it was voted to appoint an Airport Advisory Committee to the Airport Commissioners; two for three years; two for two years, and one for a one year term. This committee to be appointed next •%reek. Upon a motion by Selectman Clemmey, seconded by Selectman Kellam it was voted to go into executive session. The regular meeting adjourned at 10:20 P.M. v i 1 TELEPHONE 339.2604 HERBERT F. PATRIQUIN ATTORNEY AT LAZY 100 CHAUNCY STREET POST OFFICE BOX 4 MANSFIELD, MASSACHUSETTS 02040 August 6, 1969 Board of Selectmen Town of Mansfield Town Hall Mansfield, Massachusetts Dear Sirs: RES, ATTLEBORO 222.2301 RECEIVED AUG 6 wo TOWN MANAOF,' I am writing to you in your capacity as Commissioners of the Municipal Light & Power Department for the Town of Mansfield. I have been consulted by Frank A. Signoriello and B. Benjamin Cavailo concerning the moving of a building from 182 Chauncy Street to Warren Avenue in said Mansfield. It is my understanding that demands have been made on my clients that they sign certain commitments and post a cash bond before the moving of said building. I would like to call the Board's attention to Section 39, Chapter 166 of the General Laws which concerns temporary re- moval of wires. It would appear that the General Court is of the opinion that no one owns or has control of air rights. Therefore, under this particular General Law, a utility company must remove wires or other obstructions that interfere with air rights. My clients have instructed me to place this letter on file and ask that it become a part of the minutes of your meeting. They have further requested that I advise if they are required to sign any binding commitments that they are doing so under pro- test and undue duress. It is absolutely necessary that this building be moved on Thursday forenoon, August 7, 1969; other. wise, said clients will be subjected to extreme financial hard- ship, Thank you very much and would you please give this matter your kind consideration. Very truly yours, eer 0, 4tr i HF P /j v