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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. BOARD OF SELECTMEN MINUTES OF MEETING (' 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: