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HomeMy WebLinkAboutmin brd of selectmen 11/06/02 :"i I ,r , .!'" r" ,.. ',.' ..". t'. ...":...., r- Board of Selectmen Minutes of November 6, 2002 r'o. _~-\ : ! It 10: ! 5 ;....;:.:.. 1.1 ", ¡ro· ._LD "'-TTS !.....r.. t..,.i' ~_ Present: Chairman Daniel Donovan; Vice Chairman Michael W. McCue; Clerk Steven W. MacCaffrie; and Selectmen David W. McCarter and Louis P. Amoruso Town Manager John O. D'Agostino The meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance to the Flag. Chairman Donovan apologized to the public for misstating that Mansfield Green would be open on Sundays from 8:00 a.m. to 12:00 p.m. He was corrected by Town Hall employees the next morning that it is 12 noon and not 12:00 p.m. · Warrant No. 19 in the amount of $3,274,310.56 (" Selectman MacCaffrie asked about an item on the Electric warrant for a stake body dump truck with a plow for over $74,000 - he asked if it was purchased from the State list or if we obtained bids. Town Manager D'Agostino noted the Light Department is not subject to the same procurement requirements as the Town and will check to see if the item was bid and how many bids were received. Motion: To approve and sign (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of October 30,2002 Selectmen's Meeting Motion: To approve (MacCaffrie-McCue) 5-0 Passes · Orders of Taking and Street Acceptance Plans to be signed for Cobbler Road, Holstein Road, and Ridgeview Lane accepted at the Special Town Meeting Motion: To sign the Orders of Taking and Street Acceptance Plans (MacCaffrie-Amoruso) 5-0 Passes ( Board of Selectmen Minutes of November 6, 2002 1 r' · Licenses to be signed for Sunday Package Store Openings during holiday season; approved last week Mansfield Variety & Deli, 70/72 Pratt Street Villa Liquors, 219 North Main Street Tedeschi Food Shops, 242 Chauncy Street Rum Runner Wine and Spirits, 377 Chauncy Street - Unit A Bristol Liquors, 670 East Street Dub's Discount Liquors, 30 Chauncy Street Motion: To sign the approved licenses (Amoruso-McCarter) 5-0 Passes · GIS Position Description - Town Engineer John Sullivan and MIS Director Lou Costa spoke regarding the position, noting they would like to get the position description approved as their intent is to hire an individual by January 1st. The position was discussed, with an annual salary range of $46,000 to $58,000. Further discussion ensued as to the funding of the six month position, with the intent of funding the position for next fiscal year. The advisability of doing so at this time was questioned, with concerns being raised by the Selectmen as to r funding availability. The individual hired would be fully apprised of the uncertainty of the Town's fiscal position next year. Motion: To approve the job description (McCue-Amoruso) 4-1 with Selectman MacCaffrie opposed because of the difficulty in eliminating a position once it's established and his concern regarding the Town's ability to fund the position next fiscal year · Memorandum from Treasurer/Collector Richard Boucher with three (3) copies of the closing certificate for the Stormwater Phase II Management Pia" to be signed - The request dates back to the October 2001 Special Town Meeting. Motion: To sign the documents for the OCYo loan (Amoruso-MacCaffrie) 5-0 Passes · Memorandum from Treasurer/Collector Richard Boucher requesting a vote to approve the sale of a $2,000,000 1.70CYo Revenue Anticipation Note of the Town dated November 14, 2002, and payable December 31, 2002, to Fleet National Bank at par. We've tried to look at all available resources with the exception of our Certificates of Deposit. With tax bills not going out until the beginning of December because of the delay in Town Meeting, it is necessary to borrow this money short-term for operating expenses. ~ Board of Selectmen Minutes of November 6, 2002 2 Motion: To approve the sale of Q $2,000,000 1.70CYo Revenue Anticipation Note ~ of the Town dated November 14, 2002, and payable December 31, 2002, to Fleet National Bank at par. (MQcCaffrie-Amoruso) 5-0 PQsses · MemorQndum from Town Manager John D'Agostino with paperwork that needs to be signed in setting the tax rate at $15.63 Motion: To sign (MacCaffrie-Amoruso) 5-0 Passes . Letter from Veronica Titus requesting permission to plant a memorial tree on the site of the Keach Memorial next to the Police Station on West Street - she has received the cooperation of Highway Operations Manager Mark Cook and the QPprovQI of the Town Manager and would like the Selectmen's support for the request. Motion: To approve (MQcCaffrie-Amoruso) 5-0 PQsses r Lee Lyman, President of Lycott Environmental Research, Inc., was introduced by DPW Director Lee AzinheirQ. John CQnessi Qnd Ed Wayland, Qbutters to Witch Pond, were also present to explain the problems they are experiencing with weeds in the pond. Mr. Lyman outlined his bQckground Qnd experience. They employ various techniques for the management of aquatic growth and water bodies. They plan to reduce the plant growth effectively in a manner that meets with the requirements of EPA. He's met with Foxboro on behalf of the residents and it was suggested he also meet with MQnsfield officials. Mr. Lyman detailed the effects of overgrowth on the pond and addressed worse-case scenarios of any possible effect on our wells. He also spoke regarding his experience wherein no traces of herbicides have been found in the water supply after testing by independent sources. This is a project that those living Qround the pond will be PQying for and he was contacted by them. Permitting is necessary, with abutter notification required. The end result with the decreased vegetation is that WQter quality will improve. Mr. Lyman provided a list of area communities they've worked in, including Walpole, Stoughton, Ashland, Foxboro, Wrentham, and Norfolk and offered to provide references. Mr. CQnessi Qnd Mr. Wayland spoke of their motivation to have the pond cleaned, noting there Qre seven abutters that are part of the consortium hiring the consultant. One treatment with the herbicide they propose to use is expected to be effective. The herbicide is slow-acting and will take the entire Ir- summer. If they get all the permits in hQnd, they plQn to do the treatment in mid Board of Selectmen Minutes of November 6, 2002 3 r- r- r- to IQte May. Mr. Lyman provided Q list of the herbicides they use Qnd explQined how they act on various species of vegetation. He has been doing this for thirty- seven years and noted herbicides and pesticides are the most effective way to reduce invasive vegetation without detrimental effect on water quality. If left untreated and unmanaged the pond will fill in and be lost, becoming meadow and dry land, and will take water away from recharging. Town Manager D'Agostino noted they wi'll be governed by whatever conditions are set by the Conservation Commission and the State. Selectman Amoruso noted the model we used in siting the well relies on the peat and it is doubtful based on the toxicity stated that herbicides would ever make it through the level of peat in the pond Mr. Lyman further explQined the maintenance necessQry in subsequent years to prevent regrowth of invasive species. The end result will be more visible water in the pond and better water quality. They will be going through the permitting process at the local and State levels, with public hearings held in Mansfield and Foxboro. Selectman Amoruso thanked the residents present for going to a responsible company to perform the work A dog hearing was held on Q complaint filed by Sherri Qnd Rodney Gurnon of 46 Bella Vista Avenue, owners of Courtney, a golden retriever, who was allegedly attQcked by Brittney, an English Mastiff, owned by Michael Grant of 157 CentrQI Street. Sherri Gurnon reported the English Mastiff owned by the Grants brutally and viciously attacked her dog the afternoon of September 17th on her property. She described the incident fully, pointing out the number of children in the neighborhood. Julie Hunter of 1 Bella Vista Avenue described an attack by this same dog on her dog, Q black lab of 80 pounds, in eQrly MQrch while her two sons were playing in the yard. The dog came into her yard and latched onto her dog's neck. The person walking the dog was unable to control the English Mastiff and Ms. Hunter described the incident in detail, explaining her efforts to separate the dogs. She noted the person walking the dog was hired by the owners because they Qre at work all dQY. Her dog sustained puncture wounds and the Grants showed no concern regarding the incident. Joanne MacDonald of 5 Bella VistQ Avenue witnessed the incident and corroborated the attack. Board of Selectmen Minutes of November 6, 2002 4 r- Attilio Fusco of 39 Bella Vista Avenue noted he WQS there at the time Julie Hunter's dog was attacked and further described the incident, stating the person who was walking the dog was unable to control the attack that occurred on Julie's property. r- Michael Grant, owner of the English Mastiff, responded to the complaint based on information provided by the dog's walker. He described the English Mastiff breed and their temperament and provided additional information regarding the dog's charateristics. He noted Brittney is a gentle dog, but English Mastiffs will fight among themselves for dominance. They will protect what they believe to be their family, noting people don't understand the difference between aggression Qnd protection. Matt, the person walking the dog, said the Gurnon dog was lying by its front steps unrestrained. He noted the Gurnon's dog growled and snapped at Brittney and it was then that she was attacked. They believe it was Q dominant scuffle and not a dog fight. MQtt brought Brittney home and then went back some 20 minutes later and did not notice that there was any blood on Courtney. Mr. Grant defended Brittney, noting she lives with three cats and has never exhibited that type of behavior. He suggested Gurnon's dog is allowed free rein on and off their property. They always cross the street prior to wQlking past the Gurnon's property becQuse they know the dog is not restrained and does not respond to the vocal commands of its owner. He disputed Mrs. Gurnon's claim that her dog was seen immediately by the vet Qnd had her ear surgically re-Qttached. Matt reported there was no blood visible, and he disputed the claim based on information provided by his wife who is a veterinary technician. They worked further to train Matt in the handling of Brittney. He also detailed taking Brittney out on Halloween when the children were trick-or-treating without incident. Lisa Quinn, Executive Director of the American Dog Owners' Association comprised of people who are interested in responsible dog ownership, was present in support of the Grants. She received a phone call from Michael Grant through his dog trainer and was called in to assess the situation. She spoke of visiting this past Sunday on Q video-tQped walk taken with the dog to assess the situQtion. She witnessed Oakley lying unrestrained at the bottom of the front steps and stQted Oakley assumed a protective stQnce when they went past the Gurnon's property. Ms. Quinn noted the incident would not have happened if Oakley was restrained as required by the Town of Mansfield. She reported there were other loose dogs on Bella Vista Avenue when walking Brittney down the street. She noted she was there to assess the situation and to see how Brittney was reacting. She noted Oakley has Q territorial problem and showed pictures taken Sunday of the Gurnon's front yard and Oakley lying on the sidewQlk. She noted not everyone is educQted on dog behavior and it may have issues that are not understood. r- Board of Selectmen Minutes of November 6,2002 5 Selectman Amoruso asked Mr. Grant if he was aware of any of these incidents. He r--- stated they were aware of some of them. Animal Control Officer Jeff Collins reported he has nothing in writing of other incidents prior to this attack. He does not believe the dog is a threat to people, but he believes it has a dominQnce issue with other dogs Qnd is aggressive toward them. He went to Gurnon's Qnd did see blood on Courtney's ear. While at the Grant's another dog came into the area and he did witness aggression on Brittney's part. He suggested the need to have the dog muzzled, stating it is Q threat because of its size and is aggressive in the presence of other dogs. Selectman MQcCaffrie asked if the dog were muzzled and being walked Qnd another dog left its property, aren't we doing their dog a disservice by not allowing it to defend itself. He suggested in Mansfield the leash law is a farce to the mQjority of people. Mr. Collins read the law contained within the MQnsfield By-law, noting he cannot touch a dog that is unrestrained on its owner's property. He suggested it's a dominance issue and stated his belief that it will be a continuing problem. Mr. GrQnt noted the by-law also states no owner will allow his dog to become Q public nuisance and suggested it is a public nuisance when the dog is not restrained. He stated his intention to go to Town Meeting and have the IQW changed to require r that dogs must be restrained at all times, citing five dogs loose in his neighborhood. Matt, who was walking the Brittney at the time of the incident, presented his version of the incident. He was walking the dog on the sidewQlk and didn't see Oakley outside because of the hedges. Brittney got a bit ahead of him and saw Oakley. He was able to hold onto the leQsh until the incident hQPpened. Brittney got onto the grass for a brief period, as she outweighs him. Chris Nordberg of 41 Warren Avenue said he used to walk Brittney and they encountered many dogs without incident. Jerry St. Hilaire of 25 Bella Vista Avenue - said he walks two dogs every night past the Gurnon's Qnd has never had Q problem. OQkley goes to the sidewalk but never barks or raises her hackles. He noted he was the individual walking the Siberian witnessed by Mr. Collins. He suggested the best defense is a good offense, noting he would trust Oakley with kids and other dogs more than he would trust his own dog. She stays in the yard and when he passes with two dogs, she barely lifts her head up to notice. Sheila Miller of 179 Central Street said her daughter Julie was the first person to r- walk Brittney when the Grants brought her home. She testified that Brittney is Board of Selectmen Minutes of November 6,2002 6 r- very large and aware of other dogs, but said she is not aggressive. She stated she is now saddened not to be able to walk down Bella Vista Avenue because of the unleashed dogs. She noted she went and spoke to Mrs. Gurnon following the incident. Julie Miller of 179 Central Street - said she was greeted by Brittney and while she may not like other animals, she likes people. She noted in the case of Julie Hunter, Brittney went over to Soko on the grass and "kind of fought." John Nordberg of 37 Warren Avenue - suggested the Grants wouldn't mind keeping Brittney off Bella Vista and noted it would end the problems. Joanne MacDonald of 5 Bella Vista Avenue - Julie Miller was dragged about 15 feet to Soko and she saw the incident and was holding a baby. The attack happened on Julie Hunter's property. She stated the incident was frightening and traumatic for the children in the yard who witnessed it. r- Nancy Bradley - professional dog trainer and Norton resident - pointed out she walks three large dogs at once and only weighs 111 pounds, emphasizing size and strength are not an issue. She's done some work with Brittney and the Grants and said it's not the weight of the walker but rather their ability to control them. She stated what happened was a classic case of territorial aggression which is not uncommon. She further suggested the problem lies in the leash law not being adhered to. r- Kathy Grant - owner of Brittney, questioned the experience of the Animal Control Officer, suggesting he's not an expert on dog aggression. She stated she has an animal science degree and thirteen years of professional experience. She noted she has young children and would never bring a dog home that was a threat to other people. Brittney happily co-exists with three cats. She further noted an animal is not animal aggressive because it barks at another dog-that is what dogs do. It is natural for a dog to bark when another dog passes its home. Selectman Donovan asked if on any of these occasions they went to the family involved to see what happened Mr. Grant said the first time they believed the situation was resolved and did not call. Mrs. Gurnon said she received a call from Mrs. Grant eleven days after the incident. Mrs. Grant was very defensive when she called and Mrs. Gurnon was upset because her two children and their friends witnessed the violent attack. She saw no purpose in continuing a dialog with the Grants. A t the request of Selectman MacCaffrie, Mrs. Gurnon provided a copy of the vet's bill for injuries sustained in the attack. Mrs. Grant said it was her belief that both dogs were at fault and she saw no need to contact the Gurnons. Mr. Grant defended the lapse in time prior to contacting the Gurnons, noting Mr. Collins told him Mrs. Gurnon Board of Selectmen Minutes of November 6,2002 7 r- wanted his (Mr. Grant's) head on Q platter. Mr. Grant Qt that point decided he did not want to deal with Mrs. Gurnon. Mr. Collins said he does not recall making that statement to the Grants. Christopher Goulet of 6 Bella Vista Avenue - attempted to clarify the situation, testifying to the character of the Gurnon's dog, Oakley. He noted in the seven years he's lived there he has never seen an act of aggression toward another dog or human on the PQrt of Oakley. Jennifer O'Brien of 33 Bella Vista Avenue said she witnessed the attack from her home and noted it was more than a dog fight. Oakley's heQd was in Brittney's mouth and it was not fighting. Oakley hQS never been aggressive when her dog, a tri- colored collie, runs into their yard. A friend of the GrQnts who is Qlso a veterinary techniciQn testified that Brittney is a fine dog and her dog plays nicely with Brittney. Lynn Nordberg - mother of Matt and Chris - stated she would not let her boys walk the dog if she thought it WQS a danger. She cited instances of Brittney's obedience to their commands. r- James Heaton, a resident of 29 Bella Vista Avenue for 2 î years, said when walking with his LQbrador off leash his dog went up into Gurnon's yard and there was only Q slight growl from Courtney. He noted Qggression is defined as behavior Qnd, as a parent and dog owner on Bella Vista Avenue, he would feel more comfortable if such Q dog is muzzled. He pointed out the owners have exhibited a degree of irresponsibility by allowing it to be walked by someone not able to handle it. Lisa Quinn (Dog Owners Association of America) - said she agrees the boy couldn't restrain the dog enough and said territorial jargon does plQY Q role-it's their language to each other. She noted, however, that there was only a low growl when she walked her dog by the Gurnon's property and stated that if the dog was under control, this would not hQve happened. She was there to assess the situation to see if the Grants are responsible dog owners and if she should spend her time defending them. She provided a copy of her video and other information to the Animal Control Officer. ,,-... Julie Hunter pointed out her dog was next to her in its own yard and the Grant's dog physically pulled Julie Miller ( its walker) into her yard. She criticized the Grants for not coming to them Qnd said Julie's mother was the one who CQme to her. Sherri Gurnon said she was present when this incident hQPpened, noting Brittney pulled a large stake out of the ground and then attQcked Julie's dog, Soko. Board of Selectmen Minutes of November 6, 2002 8 r Mr. Fusco suggested that if a dog is on a leash and its handler can't control it, something needs to be done. There are many children on the street and he expressed concern for them. He SQid the Gurnon's dog is always on its own property. Mrs. Grant said the leash law needs to be re-examined, noting how many people here are admitting their dogs Qre loose. She noted dogs Qre smart, but people have to be responsible for them. Rachel Driscoll, a resident of Milford who was present with her aunt (the dog trainer) - noted everyone agrees the dog should be on a leQsh and if everyone keeps them on leashes, that should be the end of it. Julie Hunter stated her belief that the leash law was not intended to apply in the case of her being in the backyard with her kids while they're playing ball with the dog. r Selectman MacCaffrie noted the issue of the leash IQW is another issue for another day. The question now is the Qbility to control Q large dog by the person walking the dog. The relevant issue he sees tonight is we have a situation that has to be resolved in a manner thQt nobody is going to like because there will be no winner. By everyone's own admission, there are dogs loose that should not be. Selectman McCue noted fault on both sides. Some dogs are unrestrained whether they're reported or picked up or not. What needs to be addressed is the demonstrated danger, noting there is a remote chance that the dog could be a danger to children. He said he will not vote to put the dog down Qnd we're not here to address adherence to the leash laws. Something needs to be done in direct relationship to this animal. Selectman McCarter asked how far the Grant's house is from the Gurnon's. Mr. Grant said they are about Qn eighth of a mile away and have not wQlked the dog down Bella Vista Avenue since the incident. He Qlso noted that when walking down other streets they've also had dogs come out of their yards. Mr. Grant said his dog is not aggressive with other dogs if they are properly introduced. Jeff Collins noted he's heard three "put to sleeps" and that is not his recommendation. He recommended that the animal should be on a lead with a control collar and Q muzzle when off its property. r Board of Selectmen Minutes of November 6, 2002 9 r- Bob Rowean of 70 Bella Vista Avenue - noted the Grants do not live on BellQ Vista Avenue and they could walk their dog someplace else where there are no dogs. Introducing dogs properly is impossible if the owner is never there to do it. Selectman Amoruso noted they have no doubt that it's a good dog and they are responsible dog owners, but said there is clearly some kind of problem thQt needs to be addressed. Town MQnager D'Agostino noted the public comment has been heard and it's not necessary to make a decision tonight. He suggested that the materials provided Qnd the information presented tonight will enable them to mQke Q decision. Selectman MacCaffrie said if the decision is to be delayed, he would want the dog walked only by the owner or a professional dog handler in the interim. He does not believe that in the heat of the battle a decision can be made tonight. Selectman McCarter said he was persuaded by Mr. Collins' statement of aggressive behavior he witnessed when another dog passed. Mr. Grant requested the Board review the tape. Selectmen noted the decision will be made on information presented tonight and not by a tape. / Motion: The dog in the interim be kept on the property and if walked off the property be under the control of a professionQI dog walker or the owners and further that the dog be kept off BellQ Vista Avenue (MacCQffrie-Amoruso) 3-2 (McCarter and McCue opposed) Selectman Amoruso Qsked Jeff Collins to pay extra attention to this areQ during the coming week to make sure there are no problems with loose dogs. He also agreed it doesn't hurt to wait another week to make the decision, noting he feels prepared to Qct now, but thinks the decision would be better mQde outside the heQt of the argument. Selectman McCarter noted hearing of three incidents and doesn't know what else is needed. Selectman Amoruso suggested any animal that feels its property is being threatened can create this situation. Selectmen McCarter, McCue Qnd Amoruso noted they are prepQred to adopt the recommendation of the dog officer. The Town ManQger asked if there's any information they do not already have. Selectman MacCaffrie said there is not 100CYo blame on either side and wants to weigh the consequences. There should be something to keep the dog under control in a way that's acceptable to everyone. ,-- Board of Selectmen Minutes of November 6, 2002 10 r- The Town Manager reported: · We have sent a memo to Planning and ZBA to begin the process for the re-use of the Hatheway Patterson site. A public hearing is anticipated to be held by December 15th, with appropriate notification of abutters. Based on input from the residents, re-use options will be submitted to EPA mid-January. EPA hQS indicQted they will not be reQdy until early spring as they need to continue testing the bedrock. · We are preparing a land-lease to the Housing Authority for up to ten additional parking spaces as authorized Qt the Annual Town Meeting. The Board of Selectmen will be asked to sign an agreement in accordQnce with Town Meeting vote and the decision is due mid-November. Attorney Mangiaratti has looked at the lease and made some changes. The lease is for 10 years and will be signed jointly by the Board of Selectmen and the Housing Authority. Issues of iIIegQI parking had to be worked out Qnd we have enforceability for CQrs illegally parked there. Maintenance of the property will also be the responsibility of the Housing Authority. The Park Street parking facility will be for the use of Housing Authority tenants Qnd their visitors. Staff will make a recommendQtion as to the advisQbility of establishing a new crosswalk. r · On November 19th he's scheduled to tour Q desalinization plQnt in TQunton and suggested we keep all our options open in the future as the community continues to grow and it becomes more difficult to develop wells with the Inter-Basin Transfer Act. Some time ago there was a suggestion to explore another water source in the Mill Street Qrea. StQff is investigating that to determine if the sewering of Mill Street has reduced the need for treatment sufficiently to make it a viable source. We may want to hire a consultant to explore that further. The tour of the desalinization plant is November 15th at 11:00 a.m. and Selectmen are welcome to attend (Selectman McCue noted he may want to go.) Mr. D'Agostino reported we would like to hire Woodard and Curran to begin the testing of that potential well source. If it is viable it would be worth exploring because it would not have to be permitted through the Inter-Basin Transfer Act. Selectman Amoruso also suggested we would want to make sure that Woodard and Curran is aware of the work proposed at Witch Pond ,- · Mike Ahern successfully found a 55 foot tree 20 inches in diameter in Nova Scotia. They will give us a section of the tree to determine the age of the tree and we will then correlate that to periods of Mansfield history. They estimate the tree is between 90 and 110 years. Selectman MacCaffrie suggested it would be a good Eagle Scout project. He also noted he wJ1l be meeting with Bob Bean Board of Selectmen Minutes of November 6, 2002 11 r Saturday to determine how much of the old pole can be saved The crow's nest piece will be saved for re-use. · Is putting together the letter to Frank Foss regarding the feedback received from the Compliance Committee. It will request a date/time specific for him to respond and meet with the Board. ,r-- · An abutter to the MMAS Light Festival has filed an appeal, which essentially means they will not be able to move forward with the show this year. He believes in the long run the town will prevail. The appeal was filed yesterday at 3:59 p.m. Selectman McCarter asked who w¡j/ defend the suit, how it w¡j/ be defended, and if the Town wlÏl be spending money on it. He suggested MMAS be informed that they wlÏl have to provide their own counsel and we will not be responsible for defending the special permit. We file only as an interested party and Mr. Armstrong and Mr. Butler have been advised of this. Attorney Mangiaratti would represent the Selectmen and the interests of the Town in the suit. Selectman MacCaffrie noted the condition of the permit was that MMAS is responsible for all expenses related to the permit. Selectman Amoruso noted charges made are not accurate and need to be defended If the Board is deposed, the Board would want to be represented by our own attorney. Selectman Amoruso noted the possiblÏity of the organization flÏing a counter- suit for the loss of income. MMAS is losing their lease in March, so they're faced with no building and no income. Selectman MacCaffrie: · Asked if the Town Manager has heard anything back regarding the land on Route 106 the State may be giving us. Most of it is wetlands and it's st¡j/ owned by the State. There's not much we can do with it. Selectman MacCaffrie suggested if it's somewhere we could put up a couple units of affordable housing it would be worth doing something with it. In discussing the matter further it was determined that the parcels in question are the Route 140 parcels. Those who have been on the site have indicated it's too wet to do much of anything with. If the Board would like him to explore it further, he will have staff do so. Selectman MacCaffrie also asked if anyone's put together a list of locations for affordable housing and it they plan to update us soon. ,- · Asked if the School Committee has been invited to the Islamic School presentation Any curriculum would have to be approved by the Superintendent and School Committee. They are exempt from zoning because it's a school use. Board of Selectmen Minutes of November 6, 2002 12 r Selectman McCarter: · Are we going to have a Train Station update soon? Will be scheduling something with GA TRA when they finish reviewing the bid specs. We will get in touch with Mr. Gay. Selectman Amoruso noted reading in the Globe that the MBTA might take over everything. Selectman Donovan: · Would like to send a letter to the Elks and the sponsor thanking them for the Saturday morning breakfast. Approximately 200 people attended. · During voting day a couple people calling saying we need to have two voting places as it was difficult with school in session. The Library or West Mansfield Fire Station were suggested as possible locations. Selectman MacCaffrie noted we could also suggest to the School Department that they have an in-service day and not have people out on the fields and in the schools. He also noted the polling places in Rhode Island involved the kids in the process. Selectman McCarter agreed on the need other locations for State and National elections. r Selectman MacCaffrie: · His marketing person indicates he's been talking to people at Blackstone properties and asked if we're aware of anything in the works. Town Manager D'Agostino said he did get a call from a developer interested in 100 plus acres and is working on a project that may provide several hundred new employment positions. He asked them to contact Mr. Ting and we'll set up a conference call. Mugar Enterprises is st/Ï/ working on the idea of a water park, which is no longer allowed by zoning. ..-.. · Drove by the cut for 495 on Saturday and noticed the landscape has changed again. The land has been cleared further and roadways have been moved around. He suggested that if it's visible from Route 495, Conservation should be aware of it. He asked if anyone has been out to see if they are in compliance and if we have notified DEP that they're out there developing ponds, which is over and beyond what they said they were going to do. The order of conditions says the Town has the right to go out there and check for conformity to the plans. DEP has the final say, but we have an obligation for our Conservation Commission to notify DEP. The Town Manager pointed out a similar occurrence happened on Essex Street where 3 plus acres of wetlands were f/Ï/ed in. Selectman Board of Selectmen Minutes of November 6,2002 13 McCarter suggested if Selectman MacCaffrie sees something he could pick up ,'-' the phone and report it. The Town Manger said it's not a situation that requires someone to be out there constantly and it may not be fair and equitable for us to be monitoring it to any degree greater than we do other properties. · Asked if we have posted the Conservation Agent position. It's a personnel issue that should be discussed privately. There is no date specifIc time as to when the Conservation Agent is leaving. At this point in the meeting (10:59 p.m.) the Chairman recognized Animal Control Officer Collins who had left the meeting earlier and returned. Motion: To extend the meeting by 6 minutes (Amoruso-McCue) 5-0 Passes Mr. Collins reported going home and reviewing the tape provided at the conclusion of the dog hearing. He noted that although the walk on which the videotape was made lasted one hour, the video camera was stopped and restarted many times and the actual tape was slightly less than two minutes in duration. He reported they do walk the dog past the Gurnon's property while filming, but the tape is stopped and restarted many times. In one segment Oakley is curled up on the sidewalk, half on r and half off the property. Oakley does not move as the dog and walker filming the event approach. The video changes again and there's a yellow lab coming out with tail and hackles up. He noted this dog filmed is not Oakley and not the dog they're talking about. Town Manager D'Agostino noted that's the value of having staff review it. Mr. Collins repeated that Lisa Quinn and her dog, along with the person filming, were out in that area for over an hour. The tape, however, shows 1 minute 59 seconds of that time. Selectman Amoruso asked if it would be advisable to suggest dogs be kept on leashes or runs, as dogs are not technically restrained when they're on leads. Mr. Collins noted the difficulty if becoming that specific, and pointed out there's the issue of invisible fences. The solution is training the dog. As a dog owner he said he would be against such a proposal. He noted, however, that as dog officer, it would make his life easier. He also pointed out a whole other issue, noting State law says every animal has to be on a leash when on it's property. He suggested that by having the animal proclaimed a public nuisance or vicious animal, they can vote that the dog must be muzzled. { Board of Selectmen Minutes of November 6,2002 14 r Motion: To adjourn at 11:08 p.m. (Amoruso-McCue) 5-0 Passes Si9nat¡?!:- I"" ,-. Board of Selectmen Minutes of November 6,2002 /~~¡:~ , Date of Approval 15