HomeMy WebLinkAboutBOS MINUTES 1-23-1985BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PRESENT: Chairman Wills; Selectmen Dunn, D'Onofrio, McNair, Tow6..M4nager;
Levine arrived at 7:37 P.M.
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
2. Minutes of January 16, 1985
* MOTION: To approve the Minutes of January 16, 1985. D'Onofrio /Dunn
Selectman McNair questioned the wording of the last sentence in
the first paragraph on Page 6 in that it was not clear. The
secretary was asked to reword it.
Motion VOTED as amended: 4 -0
3. Licenses & Permits
a) Transfer Request #1 for $2,654 for the January 1985 Electrical Inspect-
or's pay; necessary because there was not enough money appropriated in
view of the rapid development in Mansfield.
* MOTION: To approve Transfer Request #1 in the amount of $2,654.
McNair /D'Onofrio VOTED: 4 -0
At this point Chairman Wills advised the Board that he had learned the
Board does not have to approve a Common Victualler's License but, of course,
any so approved are not valid until and unless the establishment is ap-
proved by both the Board of Health and the Building Inspector.
4. Correspondence
a) Letter from Recreation Commission re: An Article for the Town Warrant;
this subject would require a Charter change.
b) Letter from Superintendent of Schools to the Town Manager re: Articles
to be included in the Annual Town Meeting Warrant.
c) Letter from Jacki Jung, New England Telephone, giving date of November
30, 1985 for completion of installation of the Electronic Switching Sys-
tem in Mansfield.
d) Memos from Chief of Police re: Distrubances related to licensed liquor
establishments and Radar Citations.
e) Letter from Vincent C. Strother of S. Easton re: Constable application.
f) Memo from Airport Commission re: Re- election of Allen L. Willis as Chair-
man.
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(' JANUARY 23, 1985
PAGE 2
g) Letter from SRPEDD re: Change in expiration date of Joe Zeneski's ap-
pointment from March 31st to May 31st.
* MOTION: To approve the expiration date of the SRPEDD's representative
be changed from March 31st to May 31st.
Dunn /D'Onofrio VOTED: 5 -0
h) Letter from J.T. McGee, Panama Fire Apparatus re: Purchase of fire
trucks from Greenwood Fire Apparatus.
Selectman McNair commented that the letter really doesn't say much and
does not answer his questions.
i) Memo from John Dunn re: 5 -Year Plan Committee meeting.
Selectman Dunn said this is a working document; also that he thinks the
initial meeting was relatively productive.
j) Selectman D'Onofrio reminded the Board that there was no action taken
concerning Rep. Barney Frank's suggestion to meet with the Board, re-
ceived January 11, 1985.
- The Board asked the Town Manager to try to coordinate a date for such
a meeting.
5. Mansfield Housing Authority
Joanne Colella was present for the informal hearing, as proposed at last
week's Board meeting, for community input.; no one from the community was
present. The Chairman then reviewed briefly what the issue was; i.e., the
Mansfield Housing Authority has requested the Board of Selectmen support
the Authority's acquisition of a parcel of land on South Main Street to be
used for a Housing Authority project for disabled people. This support is
to be a letter to the State DPW, with a copy to the Deputy Commissioner of
the Division of Capital Planning and Operations.
* MOTION: To send a letter stating that the Mansfield Board of Selectmen
supports the Housing Authority's acquisition of this parcel of
land on South Main Street, to be used for a Housing Authority pro-
ject for disabled people.
Levine /D'Onofrio VOTED: 5 -0
Selectman McNair then brought up the matter of Arthur Remillard's resigna-
tion; when it was received and when it will be filled.
* MOTION: The Board does not wish to make an appointment, rather wait for
the election, contingent upon the permitted length of time for
( a seat to be vacant.
McNair /Levine VOTED: 5 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PAGE 3
Michael Bombas
Michael Bombas had asked to come before the Board to request reconsidera-
tion of his application to be a Constable. He explained that this is his
only source of living, and suggested that it be done under the Grandfather
Clause, as Stoughton had done for him. He is listed in the Mass Bay Con-
stable book, under Mansfield, which gives him business in towns neighbor-
ing Mansfield; he specializes in subpoenas.
MOTION: That Mr. Bombas be granted Constable status. Levine /no second
The Chairman then advised Mr. Bombas that with no second and no other
motion that closes the issue, explaining that the Board had adopted a pol-
icy that it felt the town had too many constables and they would restrict
applicants to Mansfield residents only.
Public Hearing /Dog Complaint
The public hearing was opened, and the Town Manager explained that the com-
plainant lives in Sharon, next to the Mansfield line, and the dog owner
lives in Mansfield. He also said Mansfield's Animal Control Officer has
been ill, presently in the hospital for surgery, but the Sharon Animal Con-
trol Officer has been involved and was present tonight.
The Clerk then read the letter to Mr. Mark Audet, 107 Bird Road, Mansfield,
who owns the dogs covered by the complaint, advising him of the hearing date
and time; Mr. Audet holds a Kennel License. The Clerk also read- Chapter 140,
Section 157 of the Mass. General Laws, titled Vicious dogs, and the Complaint
as filed by Patrick S. VanTyle, 343 Mansfield Street, Sharon. Ed Little,
Sharon Animal Control Officer then told of many complaints received about
the dogs at 107 Bird Road, starting in October 1984. He said he has been to
Mr. Audet's home several times, but he is never home Mr. Little has left
his card, but never receives a call from Mr. Audet. He has observed 10 -12
pitbull dogs at the address; he observed that they are a dangerous dog. He
said pitbulls are bred to fight, but such fights are not legal in Mass.
The Chairman asked Mr. Little if his report and testimony is true; the ans-
wer - Yes.
It was then established that the dog owner, Mark Audet, was not present, nor
a representative for him. Patrick Van Tyle, 343 Mansfield Street, Sharon,
then related his experiences: three cats missing since October 1984, and
one they watched being picked up and carried off by a pitbull, which led
them to believe that is what happened to the first three. They said they
never found any trace of any of the cats. They also said Mr. Audet had
come to their door, after he received the notice of the hearing, and told
them he would not attend. Mh. Little said he had advised Mr. Audet that
the matter was going before the Board, and Mr. Audet said he did not want
to lose his permit. The Van Tyles said all they want is for the dogs to be
restrained; they really don't want him to lose them, and are partially afraid
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PAGE 4
of repercussions. The Chairman asked Patrick VanTyle, and his girl friend
if their report and testimony were true; the asnwer - Yes.
During discussion and questions following, the Sharon Dog Officer reported
that in his experience the kennels are adequate for the number of dogs, but
there is no running space. The kennel license allows only 9 dogs, he has
1 -3 more. Selectman D'Onofrio asked Mr. Little for his recommendation,
which was to send him a letter advising him that if the dogs are not re-
strained, the license will be pulled. Chairman Wills felt the permit
should be revoked immediately because, he has not attended the hearing,
he has vicious animals, he has more then 9 animals and does not abide by
the leash law. The Town Manager reported that the SPCA was out here last
week and did not make a complaint about the care of the animals, which is
their only concern. The hearing was closed.
* MOTION: That the Board notify Mark Audet, of 107 Bird Road, of this
Board's intention to revoke his kennel license on February 6,
1985, based on:
a) His violation of the license in the number of animals
being held (10 -12) which is above the 9 allowed by this
license;
b) The testimony of the Dog Officer with regard to concern
for small children;
c) The testimony of the complainant regarding their loss of
a cat;
d) Apparent violation of the leash law.
D'Onofrio /McNair
AMENDMENT: To revoke his kennel permit unless or until he contacts the
Board and shows purpose to comply.
AMENDMENT: To have him come before the Board February 6, 1985.
Motion and Amendments VOTED: 5 -0
* MOTION: If the animals are not restrained and if we get further reports
of the dogs destroying other animals, that his animals will be
disposed of.
Dunn /McNair VOTED: 5 -0
8. Foxboro Board of Selectmen
Present were Andrew Gala, Town Administrator; Dick Thompson, Chairman of
the Board of Selectmen; Bill Gaffey; Paul Lanza and Ernie Hirsch, Sewer
Committee. Chad Maurer, Mansfield Town Manager initiated discussion by
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PAGE 5
briefly reviewing the revised Memorandum of Intent which each Selectmen
and the others present had received previously. Paul Lanza, as spokesman
for his group, said that Item 3.c) is not agreeable to them; Ernie Hirsch
said Foxboro wants to meet this issue when they have used the 250,000 gpd.
Andrew Gala then asked for further definition, which Chad Maurer and Chair-
man Wills supplied. After some discussion, a point was reached where Fox' -:
boro said they understand Mansfield's position, but do not agree with it.
Foxboro feels they will not have that many houses tieing into the system,
due to their antiquated present system; they have a grant to improve their
system. Item 4, Operation and Maintenance Costs, was also discussed at some
length, with definitions given for Dedicated Allocation (the 250,000 gpd)
and Semi -fixed costs (variable costs). Foxboro wants to pay exactly the
same as Mansfield pays. Selectmen D'Onofrio said he would like to see
another way to fairly and equitably assess "fixed cost ". Paul Lanza would
like to go to some increment. After discussion seemed to be stalemated as
for any further progress, Chairman Wills suggested that both sides take time
to further discuss the problems among themselves and then meet again. Sel-
ectman D'Onofrio then expressed concern in having this settled prior to
Town Meeting. Foxboro is to give Mansfield the number of present connec-
tions, and the Board will meet with them, in Foxboro, February 5th at 8:15
P.M.
Old Business - Town Man
a) A draft copy of the handout for the Special Town Meeting, concerning
Article 1, Contract Operation for the Wastewater Treatment Plant, had
been given each member of the Board. The Town Manager asked each mem-
ber to review it and give him suggested changes before next week. Sel-
ectman D'Onofrio suggested including information about the committee
that reviewed this matter; it was suggested that the first sentence on
the second page be omitted; also that the new sewer rate be inserted.
b) Another handout covered Articles for Annual Town Meeting, and included
19 that could be sponsored by the Selectmen. The Warrant closes Friday,
February 1, so if there are any additions or subtractions from the list,
the Town Manager must know prior to January,30th.
c) A third handout was about the Fire alarm at the Wastewater Treatment
Plant. It outlined the situation to date, including a meeting with
the Norton Building Inspector, Lt. Richard, Gove of the Norton Fire De-
partment, Mansfield's Building Inspector and Thomas Carr of the Mass.
Dept. of Public Safety, as well as Mansfield's Tosco Manager, on January
22nd. There were three options presented, followed by the Town Manager's
recommendation. Although this was labeled Confidential, the Board felt
the subject had been discussed previously at a meeting and so they ex-
pressed their feelings about the options. Chairman Wills would like to
see a similar, but plainer fire alarm system for the plant; similar to
the given second option. Selectman McNair suggested going with the third
option, then pursue Jim Wills' suggestion. Selectman D'Onofrio felt the
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PAGE 6
Town Manager's proposal the most reasonable and manageable.
10. Old Business - Selectmen
a) Selectman Levine said she would like to see the fire truck issue set-
tled and offered the following motion:
MOTION: I move that at the start of the business day on Thursday,
January 24, 1985, the Town officials and employees involved
in the recent bidding and acquisition of new fire equipment
be notified, by the Selectmen's secretary, with a copy of
this motion enclosed, that any information or knowledge of
information that any individual may have regarding any ille-
gality or possible illegality in the acquisition of this fire
equipment be turned over to Mr. John Dwyer, counsel for the
Town of Mansfield, by 5 P.M. on Monday, January 28, 1985.
The list of individuals is: Mr. John McNair, Bd. of Select-
men; Mr. Richard D'Onofrio, Bd. of Selectmen; Mr. James Wills,
Bd. of Selectmen; Mr. John Dunn, Bd. of Selectmen; Mrs. Sandra
Levine, Bd, of Selectmen; Mr. Chad Maurer, Town Manager; Mr.
Edward Sliney, Fire Chief; Mrs. Joan Cutillo, Town Treasurer;
Mrs. Barbara Hagg, Town Accountant; Mrs. Judith Scott, Town
Clerk; Mr. John Dwyer, Town Counsel. All members will be noti-
fied by phone and registered mail, return receipt requested.
Town Counsel is instructed by the Bd. of Selectmen to take
the following action and report to the Board of Selectmen on
Wednesday, January 30th, at 8:00 P.M.:
a) Information submitted by any of the aforementioned concern-
ing real or potential illegalities will be reviewed regard-
ing the applicable Town, State and Federal laws.
b) Town Counsel will report his findings and opinions to the
Board of Selectmen stating exactly what laws he feels have
been violated or that he feels no laws have been violated.
c) Should no information be submitted or made available, Town
Counsel will also report that fact.
d) Should Mr. Dwyer be unable to meet with the Board of Select -
ment on Wednesday, January 30, 1985, he will appoint a proper
legal representative to be available on that date to report
to us.
Levine /Dunn (seconded for purpose of discussion)
Selectman Levine said she is doing this in the hope it will
bring everything to a culmination and a finish. She said she
has waited two weeks and has heard nothing further. If any-
one has reason for allegation, they should come forward, or
turn it over to Town Counsel and let him bring in his opinion
BOARD OF SELECTMEN
MINUTES OF MEETING
( JANUARY 23, 1985
PAGE 7
so that we can go forward.
Selectman D'Onofrio said there is reasonable doubt at this
particular point that needs to be investigated, he feels.
Chairman Wills feels the Board is "making a mistake here ".
Selectman Dunn said he does not see reason for an investiga-
tion; he feels there are two people who have doubts, then let
them pursue them.
VOTED: 1 -1 Levine for, Dunn opposed; Wills, McNair, D'Ono-
frio abstained
11. New Business - Selectmen
a) Selectman McNair asked the Town Manager if Entrance and Exit signs
could be installed for the parking lot between the bank and New England
Security on South Main Street; he feels sure somebody is going to be
killed with cars going both ways.
b) Chairman Wills brought up the fact that the Board has never set the Town
Manager's objectives, under his Performance Review, and without them a
performance review cannot be made. There was some discussion and the
Chairman then asked if he could assume the consensus of the Board was to
establish those objectives and do it as quickly as possible. Then it
was suggested that each member look at the Town Manager's Work Program
and write what objectives should be. At this point the Town Manager ex-
pressed the feeling that everybody should be treated equitably, and if
alot of time is spent on the Town Manager's evaluation, so should other
department heads under the Board's appointment.
12. Warrant #31 (Omitted in its proper order)
* MOTION: To approve Warrant #31 in the amount of $1,124,689.22, dated Janu-
ary 23, 1985, broken down as follows:
General Fund - $624,455.32
School Lunch Salaries - 4,708.40
Special Revenue - 33,395.00
Motor Pool - 631.68
Sewer Enterprise - 147,755.33
Water Enterprise - 7,627.96
Electric Enterprise - 306,105.53
D'Onofrio /Dunn VOTED: 4 -0 Levine not present
13. Adjournment
( * MOTION: To adjourn, at 11:00 P.M. McNair /Dunn VOTED: 5 -0
BOARD IF SELECTMEN
MINUTES OF MEETING
JANUARY 23, 1985
PAGE 8
MINUTES APPROVED: