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HomeMy WebLinkAboutBOS MINUTES 1-20-1982I, the Clerk of the Board of Selectmen of the Town of Mansfield, Massachusetts, certify that at a meeting of the board held January 1982, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appears upon the official records of the board in my custody: Voted: that the sale of the following 5 per cent bond of the town dated January 20, 1982, $500,000 [dater Bond payable January 20, $12,900 in 1983 to 1990 and $12,800 in 1991 to 2021, to The United States of America, acting through the rarmers Home Admin- istration, at par and accrued interest is hereby confirmed. Voted: to covenant with the registered holder from time to time of the bond that the town shall maintain rates and charges for the use of the town's water system in an amount sufficient, with other income of the town's water works, to pay all costs of oper- ating such system and the entire principal of and interest on the bond and all other indebtedness of the town incurred for municipal water supply purposes as the same becomes due. The bond shall nevertheless be a general obligation of the town, payable from any of its available revenues, including revenues derived from ad valorem taxes levied in accordance with law upon all property within the town which is lawfully subject to such taxes. I further certify that the votes were taken at a meeting open to the 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 principal official bulletin board of the town at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the BOARD OF SELECTMEN AGENDA January 20, 1982 1. 7:00 P.M. Executive Session - Paul Kenney, Police Negotiations 2. 7:30 P.M. Senator David Locke 3. 7:45 P.M. Police Chief Jesse Earls 4. 8:00 P.M. Paul Lorincz - Garden Street 5. 8:15 P.M. Board of Health - Hazardous Waste 6. Clerk's Folder 7. Warrants 8. Correspondence 9. Town Manager's Report 10. Budget Review 11. Board Reports 12. Adjournment BOARD OF SELECTMEN MINUTES OF THE MEETING JANUARY 20, 1982 PRESENT: Selectmen N. Mahana, S. Levine, J. McNair; Town Manager W.C. Maurer. (Selectman Colella entered the meeting at 7:35 P.M.) The meeting opened at 7:15 P.M. MOTION: To elect N. Mahana as Acting Chairman in the absence of * Chairman D.::May; N. Mahaha/S. Levine. VOTED 3 -0. MOTION: To go into; Executive Session for discussion of police negotiations. N. Mahaha /Board polled -- all in favor. (Executive Minutes typed separately) The meeting opened to the public at 7:45 P.M. Senator David Locke was present with his aide, Dan Eramian. The Senator noted that he had filed two bills dealing with salt on the highways, both of which died in the last session. He added that amendments to Prop. 22 to add new construction to the tax rolls and asked for help from the Board of Selectmen in promoting the bills. Selectman Mahana questioned whether legislation could be filed to implement the paving of the railroad parking lots in Mansfield. The Senator said that a local bill could be late- filed. Chief of Police Jesse Earls Chief Earls requested permission to put on the road a vehicle which was assigned to the Police Department by the Court. There would be no cost to the Town to register the vehicle, and it would be used for trips to Court in Attleboro and Boston, which would save mileage on the marked cruisers. MOTION: To put the assigned vehicle on the road. C' Colella /J. McNair * VOTED 4 -0. Edward and Delores Benson on Garden Street Paul Lorincz, attorney for the Bensons, noted that based upon examination of the statutes and titles, it was opinion that the Bensons owned the parcel in question to the mid -line, and the abbutter on the other side owns to the mid - line also. The Town Meeting vote of 1955 was to authorize selectmen to sell the property. Mr. Lorincz maintained that vote may only authorize incumbent Board of Selectmen to sell. Vote in 1960 authorized Board of Selectmen to sell property to a specific individual at a specific price, supercedinq the 1955 vote. The Benson's position is that there was no authorization to sell the property. The land apparently acts as a water shed for the area, and the Benson's question whether they would be assured of adequate drainage. Town Counsel Mulcahy responded that a complete title search would be necessary to run the chain of title back from 1900 to determine ownership prior to 1929. If the Town does not have good title it could not be conveyed, as the Town could not guarantee a good title to the property. Mr. Lorincz noted that if the Board does not have authority from the 1955 vote it can not sell to Mr. Wood. BOARD OF SELECTMEN MINUTES OF THE MEETING JANUARY 20, 1982 Page 2 Selectman Colella stated that the Board should reconsider the vote to sell the land to Mr. Wood. Memo of sale has been signed by an agent of the Town and is a valid agreement that is enforceable. The Board questioned the amount of time and expense involved in a title search and other research. Town Manager suggested that the prospective buyer should pay costs. * MOTION: To have Town Counsel and Mr. Lorincz get together and develop matter for two week period. J. McNair /S. Levine. VOTED 4 -0. Board of Health and Health Agent Chairman Edward Tartufo advised the Board that he has gathered material on former hazardous waste dumping sites used by Hercules Powder Co. In the spring of 1979 Atty John Keach of Easton had expressed interest in the Stearns Avenue site. At that time D.E.Q.E. and Tim Hennigan Eng. Co. did tests. The results did not match, and D.E.Q.E. refused to do additional testing. They have been prevailed upon to do so by Reps. Heckler and Lombardi. The Board of Health is most concerned about the site at Maple Park and the Stearns Avenue site. They would like further examinations and determinations made on the possible hazardous caste in,these areas to put the issue to rest permanently. Selectman Mahana spoke of investigating the aquifers flowing into Mansfield, Foxboro and Easton and getting together with Selectmen and Boards of Health from these towns for a joint effort. The Town Manager recommended finding out the cost of testing, and learning the severity of the problem before contacting neighboring towns. The Town 'dump, Stearns Ave., Maple Park and any other Hercules site should be tested. Monitoring wells were pumped around the dump,`.' and highway garage before the new Maple Park wells were drilled. Warrant MOTION: To approve Warrant #46 in the amount of $694,907.21 for municipal and school expenses. J. McNair /C. Colella VOTED. 3 -0. S. Levine abstained. Clerk's Folder Application for one video game from Mark Rogers of Magic Plus Inc., No. Main St. * MOTION: To request that Mr. Rogers meet with the Board next week. J. McNair /S. Levine VOTED 4 -0. Application for a one day beer and wine license for St. Mary's Church. * MOTION: To approve one day beer and wine license for Feb. 7, 1982 from 7:30 P.M. to 1:00 A.M. J. McNair /S.Levine VOTED 4 =0. Application for a one day beer and wine license for Tri- County Beagle Club * MOTION: To approve one day beer and wine license for Tri- County Beagle Club Feb. 14, 1982 from 12:00 noon to 10:00 P.M. J. McNair /C. Colella VOTED 4 -0. A license was signed for one pinball game at Jack's Cafe. BOARD OF SELECTMEN MINUTES OF THE MEETING JANUARY 20, 1982 Page 3 Correspondence December bulletin from Mass. Tourist Information Center. Cable Bulletin from State Cable Television Commission. Southwest Corridor News from the M.B.T.A. Notice from "Dig Safe." Letter of resignation as Town Counsel from Charles D. Mulcahy, to be effective upon the selection of a new Town Counsel. * MOTION: To accept with regret Mr. Mulcahy's resignation. S. Levine/ C. Colella. VOTED 4 -0. Mr. Mulcahy noted that he will be involved in current litigation for about a year. He will also work with the Town Manager to set up guidelines for the selection of a new Town Counsel, and will assist with advertising the position. Mr. Mulcahy also stated that he will not make any decisions on the State Ethics Commission ruling on conflict of interest. He also announced his candidacy for Town Moderator. Press Releases from Senator David H. Locke. Request from the Uncommon Theater Company to use the Town Hall for auditions on Saturday, January 30, 1982. * MOTION: To approve request for use of the Town Hall. S. Levine/ J. McNair. VOTED 4 -0. Letter from New England Telephone re meeting with Selectmen. Notification from Bristol County Advisory Board re Public Hearing on Budget. Letter from John Pollis assenting to conditions for re- hearing on cable TV franchise, on behalf of Rollins Cablevision. Letter from Mass. Cablevision Systems assenting to conditions for re- hearing on cable TV franchise, Letter from James Mulhern, 84 Spring St., Foxboro re crossing Belcher Road (Town of Mansfield property). Selectman Mahana would like to have Mr. Mulkern appear before the Board after the Town Manager has researched the question with the Water Department. Notice from Dept. of Public Utilities re Suburban Lines petition. Memo from SRPEDD on Subdivision Street Construction Standards. Notice from Dept. of Public Utilities re. MMdEC petition for additional borrowing public hearing. BOARD OF SELECTMEN MINUTES OF THE MEETING JANUARY 20, 1982 Page 4 Massachusetts Residuals Directory from D.E.Q.E. Notice to abbuttors on T. Caponigro application to Conservation Committee. Notice of Bristol County Selectmen's Association meeting. Invitation to League of Women Voters Legislative Reception 1/29/82. Notice from State DPW on availability of additional funds for streets and highway construction, etc. Notice from Corps of Engineers on general permits. Memo from Planning Board requesting co- sponsorship of article for Master Plan Updating Funding. 128 WRRC monthly "Update." Town Manager's Report The lease agreement for the railroad parking lots is reported to be in the mail. It was signed for the M.B.T.A. to be effective on the date of the Town's signing, November 21, 1981. The School Department has advised that it may require a transfer for voca- tional education in the amount of $1,900. S.R.P.E.D.D. has advised that they have money for the conversion of single family homes to two or three family homes. Such conversions will have to be rented under Section 8 Housing. Anyone interested should contact Tom Piscaterio at S.R.P.E.E.D. SEMASS and the 128 West Resource Recovery Council have requested articles in the Town Meeting Warrant for consideration of their respective contracts. Both articles will be on the warrant. The Town Manager has worked out a tentative agreement with Whitman & Howard to assign a staff person to the Town to map the water system and to locate all of the valves, and to initiate the valve and hydrant exercising program as recommended in their report. The Town would pay direct salary costs only plus mileage. Whitman & Howard would stand behind and certify any of the records prepared. This would be a temporary arrangement through June 30, 1982. It appears that the Town is unable to attract a registered professional engineer at the current salary schedule. A P.E. currently wants $26,000 - $27,000 per year. Selectmen wish to check the legality of using the Town Engineer salary appropriation to pay the Whitman & Howard assignee. * MOTION: To table. J. McNair /S. Levine. VOTED 4 -0. BOARD OF SELECTMEN MINUTES OF THE MEETING JANUARY 20, 1982 Page 5 Board Reports Selectman Levine reported that she and Selectman Colella have completed their survey of street lighting and will have quite a few recommendations of various natures. Selectman Levine would like to ask the Zoning Board of Appeals to come before the Board for a clarification of certain decisions. Selectman Mahana noted that the Board could attend the Zoning Board's meetings if there were questions on their decisions. He also stated that he would require a list of questions to be asked of the Zoning Board before requesting their appearance. * MOTION: To have the Zoning Board of Appeals appear before the Selectmen. S. Levine/ C. Colella. Motion failed - 2 -2 (N. Mahana and J. McNair against). Selectman Mahana would like an explanation from the Electric Department on the contracts for power -- power contracted for vs. power used. He also asked if something could be done to widen the very narrow area of construction on School St. at the new Rte 140. He questioned the Police Department policy on high =speed chases. Selectman Levine requested that Town Counsel Mulcahy meet with the Board next week. The meeting adjourned at 11:45 P.M.