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HomeMy WebLinkAboutSelect Board 09/20/2023Select Board Meeting Minutes September 20, 2023 Present: Ms. Diana Bren, Chair; Mr. Neil Rhein, Vice -Chair; Mr. Brendan Roche, Clerk; Mr. Mich 0JN Odge Sr. and Ms. Maureen Doherty were present in Meeting Room 3 A/B at Town Hall. and Vrri�i�#�y` qqs,�, Assistant Town Manager/Finance Director were also present. Mr. Kevin Dumas, Town M�gager was no irTF F(CE attendance. 00[1ii Obi -5 A 11, 31 1. Call To Order Select Board Meeting -Pledge of Allegiance � ( (�D Ms. Bren, Chair called the meeting to order at 5:33PM. She asked those present to stand kNhdy allegiance. She then reminded everyone that the meeting was being broadcast live and taped for future broadcast on Mansfield Cable. 2. Town Manager's Report by Barry LaCasse ➢ Special Fall Town Meeting — Mr. LaCasse respectfully requested consideration from the Board for the date of November 211 for this year' Special Town Meeting and asked for the warrant to be opened this evening and for it to close on October 41h ➢ Fall Water System Flushing began on September 19 and will continue for eight weeks. This flushing is routine and done each fall throughout Town. Water customers who may experience discoloration are asked to run their water for several minutes until it runs clear. Questions regarding system flushing can be directed to the Water Division. ➢ North Main Street Fire Station —The sale of the property has been scheduled to close on September 22, 2023. ➢ Tri-Town Town Manager's Roundtable — The Town Manager and Economic Development Director will attend the Tri-Town Chamber of Commerce's Town Manager's Roundtable on October 3rd from 7:30-9:OOam where they will present on the Town's initiatives. The Board is welcome to attend. ➢ Town Departments are calculating the proposed PFAS Settlement from 3M and Dupont. They we will be reporting back on their analysis in the near future. ➢ Welcome to Mansfield Night 2023 will be held on October 25th from 6-8pm. This event welcomes new residents of Mansfield to at meet and greet with Town Departments and their officials. It will be held at the Mansfield Public Library. ➢ The Fisher Richardson House, along with other municipal buildings, experience some leaking during last week's heavy rain storms. it is important to note, that Mike Ahern had hired a roof analysis company last year to determine the status of the Fisher Richardson's House roof. It determined that the roof was near the end of its useful like so its roof replacement was added to the FY2025 Capital Improvements Plan. ➢ The Migrant Task Force has been meeting weekly and working with our National Guard representative. Collection bins for food, clothing, and essential items have been set up at Town Hall and the Public Safety Building. Any questions can be directed to the Public Health Office. ➢ The Town's event team is working to lift off this year's Fall Festival scheduled for Saturday, September 30, 2023. The team has been working to bring new and fun activities to the event, and fan favorites such as Big Ellie the 200' Ferris wheel, live entertainment, and the beer garden. ➢ Miscellaneous Items: The Mansfield Green Master Plan Committee will meet at 1:00 pm on September 28th in the Community Room at the Public Safety Complex. The Memorial Park Master Plan Committee will meet at Town Hall in Meeting Room tab on October 12th at 2:00 pm. Select Board Meeting Minutes September 20, 2023 ➢ After the efforts of a well-intentioned group fall through to fix the Memorial Park scoreboard, Representative Jay Barrows, Chuck Hurley of Scoreboard Enterprises, and Mike Ahern MA met on - site to review the condition of the scoreboard. It is in bad shape, but parts including screens, lamps, and a controller will be rebuilt to get the scoreboard repaired. Mr. LaCasse recognized Jay Barrows and thanked Mr. Hurley, who donated his time, parts, and manpower to help get this project completed in the next three to four weeks. ➢ The Board of Assessors will make their Tax Classification presentation to the Select Board October 18". And the Tax Classification public hearing for FY2024 will be held on November 15`. ➢ The Department of Revenue has certified the Town's General Fund Free Cash at $5,467,726 which will aid the Town in meeting its cash reserve levels and will provide funding for needed Capital Improvement items. Select Board Questions and Comments on Town Manager's Report Ms. Doherty asked what is being done to gazebo on South Common. Ms. Griffin responded that the gazebo needed some routine repairs and the Public Buildings staff was taking care of those. 3. Resident Questions and Comments There were no resident questions or comments. 4. Discussion and Consideration of One Day Beer/Wine License for Jimmy's Pub for Beer Garden Fall Festival and Fulton Pond Motion: To approve the one -day beer/wine license for Jimmy's Pub for the Fall Festival Beer Garden at Fulton's Pond. (Roche/Doherty) Passes 5:0 S. Discussion and Consideration to Appoint Carol Terry to the Municipal Building Committee Interview Recording: http://96.233.59.29/CablecastPublicSite/show/8759?channel=1 Mr. Trowbridge commented that Ms. Terry will bring great value and experience to the Committee. Ms. Doherty stated that this is one board that you cannot learn as you go, it needs highly skilled members. Motion: To appoint Carol Terry to the Municipal Building Committee to an unexpired term to expire on December 31, 2027. (Doherty/Trowbridge) Passes 5:0 6. Discussion and Consideration to Appoint Michael Healey or Charles Mulcahy as the Council on Aging Representative on the Municipal Building Committee Interview Recording: http://96.233.59.29/CablecastPublicSite/show/8759?channel=l The Board agreed that both people are excellent candidates. Mr. Trowbridge commented that Mike Healey would be a great asset to the committee and that he has been a very valuable resources on a number of other committees. However, he would be in favor of appointing someone who doesn't already have an opportunity to serve in this way. Motion: To appoint Charles Mulcahy as the Council on Aging Representative on the Municipal Building Committee to a term that ends upon the completion of the Council on Aging building project. (Trowbridge/Doherty) Passes 5:0 7. Discussion and Consideration to Appointment Brendan Roche to the MBTA Advisory Committee Motion: To appoint Brendan Roche as the Mansfield representative on the MBTA Advisory Committee. (Trowbridge/Doherty) Passes: 5:0 Mr. Trowbridge asked how many members are on the MBTA Advisory Committee. Mr. Roche replied that every community that is impacted by MBTA is represented on the Committee. He then gave an overview of who is typically appointed, noting it is usually the highest administrators in the community. He offered an overview of what the committee works on. Select Board Meeting Minutes September 20, 2023 8. Discussion and Consideration to Open the Special Town Meeting Warrant and Schedule it to Close on October 4, 2023 at 4PM Motion: To open the Special Town Meeting Warrant and schedule it to close on October 4, 2023 at 4PM. (Roche/Trowbridge) Passes 5:0 The Chair skipped item #9 as its Public Hearing is posted for 6:30 pm. 10. Select Board Member Committee and Liaison Updates Ms. Bren commented that the Budget Sub -Committee met last week to discuss the timeline and plan for the upcoming budget year. Next week will we have a Tri-Board meeting (Finance Committee, Select Board, and School Committee). Mr. Trowbridge added that the Budget Subcommittee will explain the parameters for the process moving forward. He noted it will be a level service budget, enhancement will be reported separately, and timeline will be discussed next Wednesday, September 27th. Mr. Rhein reported that the Waste Reduction & Recycling is exploring a paint recycling program, ways the Town can encourage people to increase composting, making progress on updated recycling bylaws, and new bylaw that would govern the replacement of donation bins. He also reported on Keep Mansfield Beautiful. They are planning their annual Fall Litter Sweep for the first two weeks of November, and he encouraged residents to sign up for that. Mr. Trowbridge asked the status of the composting program because he remembered that the program would be discounted if a certain number of people participated. Mr. Rhein said that the program currently has about 100 participants and it would take 200 participants to get to the next level of discount. Ms. Doherty did not have an update from the Library Board or the Airport Commission. She has been attending some interesting meetings at the Council on Aging and more to come from Tri-Ad in the near future. Mr. Roche reported that there are several vacancies on boards and committees and listed those. The Open Space & Rec steering committee just announced a public meeting to discuss their initiative which will be held at the Public Safety Community Room on October 23'd from 5:30 -7:30 pm. It is drop -in style and family friends with interactive stations. Sets up similar to the Town's Master Plan community input sessions. A second public meeting will take place in the spring/summer. 11. Resident Questions and Comments There were no resident questions or comments. 12. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Select Board may request that an item be withdrawn from the Consent Agenda for separate consideration in which case that item will be voted on separately from the remainder of the Consent Agenda. All licenses have been routed through Town Hall Departments and any conditions have been noted below. A. Vote to Approve Meeting Minutes: • August 16, 2023 • September 6, 2023 B. Vote to Approve Warrants: • Town Vendor Warrant No. 24011T in the amount of $1,634,973.02 • Town Vendor Warrant No. 24012T in the amount of $2,221,961.19 • Electric Vendor Warrant No. 24012E in the amount of $348,629.09 • School Vendor Warrant No. 24012S in the amount of $324,080.86 C. Consideration of Permits and Licenses: • Consideration of Banner Application for the Friends of the Mansfield Council on Aging • Consideration of Rain date for Abolitionist Day for October 22, 2023 Select Board Meeting Minutes September 20, 2023 • Consideration of Banner Request from the Road to Diversity and Understanding • Consideration of 2023 Water Installers License for J. Hockman, Inc. D. Consideration of Certificates and Proclamations: • Rush Bowls Ribbon Cutting • Greentech Renewables Ribbon Cutting Motion: To approve the consent agenda. (Roche/Trowbridge) Passes 5:0 13. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 24011PT in the amount of $1,018,427.84 Motion: To approve Town Payroll/Town Medicaid Payroll 24011PT in the amount of $1,018,427.84. (Roche/Trowbridge) Passes 5:0 • Town Deductions Vendor Payroll 24011TV in the amount of $317,447.89 Motion: To approve Town Deductions Vendor Payroll 24011TV in the amount of $317,447.89. (Roche/Trowbridge) Passes 5:0 • School Payroll/School Medicaid Payroll 24011PS in the amount of $1,837,811.73 Motion: To approve School Payroll/School Medicaid Payroll 24011PS in the amount of $1,837,811.73. (Roche/Trowbridge) Passes 3:0:2 (Trowbridge and Doherty Abstained) • School Deductions Vendor Payroll 24011SV in the amount of $562,288.91 Motion: To approve School Deductions Vendor Payroll 24011SV in the amount of $562,288.91. (Roche/Trowbridge) Passes 5:0 14. Correspondence There was no correspondence. 15. Select Board Member's Comments and Questions Mr. Rhein commented that since the two trees on South Common are dying they should be taken care of and the Town should have a plan for dealing with dead trees. Could the Town consider doing some kind of storm drain adoption program to keep the storm drains clear to help avoid serious street flooding. Mr. Rhein wanted to thank the Highway Division for the fixing the pot holes at Plymouth Street soccer complex. He also thanks the community for their donations to the Migrant Family essential needs. Ms. Doherty thanked the Highway Division for cleaning up the green space on Pine Needle Lane. Mr. Trowbridge commented that he will be recusing himself from the dog hearing because he has a work relationship with the plaintiff, Ms. Doherty asked if Mr. Trowbridge had any advice for the new Board members who will be hearing their first dog hearing. Mr. Trowbridge said just do what you think is best for everyone to protect people. And, Mr. DeRensis is a good resource. It is traumatic for everyone involved. The Board went into recess at 6:04 PM. Mr. Trowbridge left the meeting at 6:04 PM. The Board returned to open session at 6:30 PM. 9. 6:30PM CONTINUED Public Hearing in Accordance of M.G.L. Chapter 140 Section 157 for a Dangerous Dog Complaint made by Animal Control Officer Jeff Collins for dogs owned by Barbara Brintnall at 300 Ware Street Motion: To reopen the public hearing at 6:3013M. (Roche/Doherty) Passes 5:0 Mr. Roche then read the public hearing notice into the record. Select Board Meeting Minutes September 20, 2023 The Select Board will hold a Public Hearing on Wednesday, September 20, 2023 at 6:30 P.M- at Town Hall in the Select Board's Meeting Room, 3 A/B, Mansfield, MA, in accordance with MGL, Chapter 140, Section 157 to hear a dog complaint against two dogs owned by Barbara Brintnall, 300 Ware Street, Mansfield, MA 02048; to determine whether the dogs are nuisance dogs or dangerous dogs. The Select Board will make the meeting live on Mansfield Cable Access and live virtually via GoToWebinar to ensure that interested members of the public can clearly follow and participate in the deliberations of the Select Board. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found at the Town of Mansfield's website www.mansfieldma.com or register for the Webinar at https://attendee.gotowebinar.com/register/3867613947591729238. Anyone wishing to be heard should appear at the time and place designated. Ms. Bren outlined the dog hearing procedure for the Board and participants. Ms. Staples then sworn in all participants of the hearing. Ms. Bren invited the Town's Animal Control Officer to come forward to tell the Board of the details of the incent. Mr. Jeff Collins, who was the ACO at the time of the complaint. He explained that an incident occurred at 300 Ware Street. Two dogs Jasper and Emmett went across the street and there was an incident with another dog. The other dog (Finn) was bit on the chest and bleeding. Mr. Collins was notified of the incident by Finn's veterinarian nine days after the incident. The owner of Finn did not immediately take the dog to the vet. After several days the dog was behaving unusually, so the owners sought treatment at that time. Mr. Collins commented that there was a similar incident in 2017. The Brintnalls (owners of Jasper and Emmett) took the dogs to training after that incident. Ms. Bren asked all members of the Board if they had any comments. No comments. Mr. DeRensis asked Mr. Collins if he submitted a complaint to the Select Board. Mr. Collins said yes. Mr. DeRensis asked if this report could be added as an exhibit to this hearing. Mark and Barbara Brintnall explained to the Board that this has been the first incident since 2017. They said when they leave their property they always take the dogs out on a leash, and they use an electric collar. They commented that the electronic collar did not work on the day of this incident. Ms. Doherty asked if the training took place before the 2017 incident. They Brintnalls responded that they took the training after an incident involving a family member with dementia. Mr. Doherty asked if the most recent incident was a result of the dogs chasing a bunny. Ms. Brintnall explained that Emmett went after a bunny that was being chased by a coyote when the dogs saw Finn. It seemed that the dogs then chased Finn. Ms. Brintnall commented that Emmett is afraid of everything. Ms. Brintnall offered a letter from the veterinarian that explains their opinion of the dogs' behavior. Mr. Rhein asked how they handle the dogs. The Brintnalls replied that the dogs have electronic collars when they are in the yard and always on a leash when they leave the yard. They explained that since this incident they do not take them off leash at any time. Mr. Roche did not have any questions. Ms. Bren asked if the Brintnalls have a fence. They answered no. Mr. DeRensis stated that the measures the Brintnalls are taking are voluntary and asked if they would be open to making those measured mandatory. They Brintnalls replied, "yes." Ms. Lisa Niemi stated that she and Mr. Kravchuck live in between the two parties involved. She stated that she has never seen the Brintnalls' dogs outside on their own. She stated that she watches the dogs when the Brintnalls go out of town. Mr. Kravchuck reiterated the same and commented that the dogs are not vicious. Ms. Bren explained the process. Mr. DeRensis offered that there are three options: Dismiss, Dangerous Dog, or Nuisance Dog. Ms. Maciejko, Mansfield's Animal Control Officer, recommended that both dogs (Emmett & Jasper) be deemed a nuisance. She is taking into consideration that the owners of the injured dog waited to Select Board Meeting Minutes September 20, 2023 take dogs to vet making it difficult to fully know the extent of the injuries. She also made the follow specific recommendations: Both dogs deemed Nuisance dogs. When they are on their property they are confined to the yard via fenced or leash, and they are to be monitored at all times when they are outside their home. When they are off their property, the dogs must be on a leash of no longer than 6 feet and muzzled via soft or hard muzzle. Mr. DeRensis asked if Francesca's recommendation should be differentiated between the two dogs. Ms. Maciejko stated there should be no differentiation because while Jasper likely didthebiting in this incident Emmett also left the property during the incident as well. Ms. Doherty asked Mr. Collins if in his opinion the dogs were working as a pack. He said because he was working on information that was 10 days old he could not give an opinion. Motion: To close the public hearing. (Doherty/Roche) Passes 4:0 Motion: To deem both dogs nuisance dog with the conditions stated by ACO Maciejko. (Rhein/Roche) Passes 4:0 Motion: To order that the owners of Jasper and Emmett ensure that both dogs are properly leashed and monitored on property and when off property the must be leashed and muzzled. (Bren/Roche) Passes 4:0 16. Any items not anticipated by the Chair 48 hours prior to this meeting There were no items. 17. Adjourn Motion: To adjourn the September 20, 2023 Select Board meeting at 7:03PM. (Doherty/Roche) Passes 4:0 Signature Minutes prepared by Nancy Griffin Documents used in meeting: 1. Request for One Day Beer/Wine License for Fall Festival 2. Board and Committee Application from Carol Terry, Michael Healey and Charles Mulcahy 3. Memo from Marianne Staples of Date Requirements for Special Town Meeting 4. Complaint of Dangerous Dog by ACO Jeff Collins and Investigation Report 5. August 16, 2023 and September 6, 2023 Meeting Minutes 6. Banner Application from the Friends of the Mansfield Council on Aging 7. Email from Nicole Burch requesting a rain date for Abolition Day 8. Banner Application from the Road to Diversity and Understanding 9. Water Installers License for J. Hackman Inc. 10. Email from Chris McDermott requesting certificates for Ribbon Cutting events Select Board Meeting Minutes September 20, 2023