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.
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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.
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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.
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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
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