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HomeMy WebLinkAboutBOS MINUTES 11-10-1993' BOARD OF SELECTMEN MINUTES NOVEMBER 10, 1993 _n PRESENT: Acting Chairman Robinson, Clerk Ronald, Selectman Royle and Town Manager, Wil- liam Williams 1. The meeting was called to order at 6:45 P.M. followed by the pledge of allegiance. 2. Minutes and Warrants Executive Session Minutes of September 22, 1993 MOTION: To approve the executive session minutes of September 22, 1993. ( Royle- Ronald) All in favor. PASSES. Minutes of October 25, 1993 MOTION: To approve the minutes of October 25, 1993. ( Royle- Ronald) All in favor. PASSES. Minutes of October 27, 1993 MOTION: To approve the minutes of October 27, 1993 with an amendment to the portion of the minutes in which the Selectmen's Policies and Procedures were dis- cussed. Selectmen Royle suggested that once finalized the policies should be distributed to other Town Boards and Committees not surrounding towns Boards of Selectmen. ( Royle- Ronald) All in favor. PASSES. Minutes of November 3, 1993 MOTION: To approve the minutes of November 3, 1993. ( Royle- Ronald) All in favor. PASSES. Warrant Nos. 19 and 19A MOTION: To approve Warrant No. 19 in the amount of $7,053,181.06 and Warrant No. 19A in the amount of $894,821.40. ( Royle- Ronald) All in favor. Selectman Royle abstained from all Board of Health issues. PASSES. Warrant No. 20 MOTION: To approve Warrant No. 20 in the amount of $612,952.70. ( Royle- Ronald) All in favor. Selectman Royle abstained from all Board of Health issues. PASSES. 3. License and Permits Letter from the Commonwealth of Massachusetts Alcoholic Beverage Commission stating that there is a local option for package stores to be open from the Sunday before Thanksgiving to the Sunday before New Years MOTION: In favor of the local option to allow for Sunday openings of package stores from the Sunday before Thanksgiving, November 21, 1993, to the Sunday before New Years, December 28, 1993. ( Royle- Ronald) All in favor. PASSES. Memorandum from Richard Lewis, Environmental and Conservation Planner, to William Wil- liams, Town Manager, requesting the Board of Selectmen sign two attached Orders of Taking for two parcels taken by eminent domain by votes at the 1993 Annual Town Meeting Members of the Board of Selectmen signed the Orders of Taking. Request for a parade permit from the VFW MOTION: To approve the permit. ( Royle- Ronald) All in favor. PASSES. Auction Special Permit application of Benson Associates MOTION: To approve the special permit. (Boyle- Ronald) All in favor. After voting on the above motion, it was suggested that year -round auction licenses be looked into with a set fee, because this applicant applies for many auction licenses each year and presently must pay, a fee of $15.00 for each individual license. Common Victuallar Application of Henry Austin Selectman Royle abstained from discussion and vote on the above application because Henry Austin is a member of the Board of Health and Selectman Royle is the secretary for the Board of Health. MOTION: To approve the application for a common victualler license. (Ronald - Robinson) (2 -0 -1) Selectman Royle Abstained. PASSES. Application for a License to Buy, Sell, Assemble or Exchange Second Hand Motor Vehicles of Nick Anagnos MOTION: To table the application until the next meeting when the Building Inspector's comments are received. (Ronald - Royle) All in favor. PASSES. 3. Correspondence Letter to the Board of Selectmen from Paul Williamson requesting they authorize the Town Manager to obtain the fair market value on property located on Essex Street MOTION: To authorize the Town Manager to obtain the fair market value of property lo- cated at 356 Essex Street. ( Royle- Ronald) All in favor. PASSES. Letter from Ralph Penney to the Board of Selectmen requesting they postpone a discussion regarding the closing of Old Maple Street to its meeting of November 17, 1993 A consensus of the Board was in favor of postponing the discussion until November 17, 1993. Letter to William Williams from the Uncommon Theatre Company requesting a meeting with Mr. Williams and the Board of Selectmen to discuss use of the Hartwell School William Williams, Town Manager, stated that he is waiting for comments from the Building In- spector. Letter of resignation from William Ciavara, member of the Recreation Commission, to the Board of Selectmen stating that he will not be seeking reappointment but will try to attend as many meetings as possible until the expiration of his term MOTION: To accept Mr. Ciavarra's resignation as described in his letter and send him a letter thanking him for his service to the Town of Mansfield and stating that we appreciate his offer to attend Recreation Commission meetings for the rest of the year. ( Royle- Ronald) All in favor. PASSES. Letter from George Wojtkiewicz, member of the Zoning Board of Appeals, to the Board of Selectmen stating that he will not be seeking reappointment 2 MOTION: To accept George Wojtkiewicz resignation from the Zoning Board of Appeals and send him a letter in appreciation of his services and stating we are sorry that he is not seeking reappointment. Also, look into getting a plaque for him. % (Royle- Ronald) All in favor. PASSES. Letter of resignation from Barbara Orlando, member of the Fair Housing Committee, to the Board of Selectmen MOTION: To accept Barbara Orlando's resignation and send her a letter thanking her for her services. (Royle- Ronald) All in favor. PASSES. Letter from the Suburban Coalition to Selectmen and School Committee members requesting the Selectmen contact local representatives and the Senator in support of points made in a position paper for 1993/1994 A concensus of the Board was that copies be made for members of the Selectmen and be discussed at the next meeting. Letter to the Board of Selectmen from Bill Moore regarding conversion of the Park Row School into a Town Hall Letter from Louis Amoroso, Chairman, Cable Access Board, to the Selectmen stating that the Cable Access Board has selected Mr. Robert Jean to represent them on the panel being as- sembled to look at the possible needs for a committee to advise the Town on the cable con- tract. Also included is their most up -to -date financial information Update from GEI Consultants on Compo Chemical Company, Inc. Copy of letter from Robert Mangiaratti, Town Counsel, to Edward J. Corcoran, II, of the Massachusetts Highway Department, regarding surplus land adjacent to Route 495 Letter from the Commonwealth of Massachusetts Executive Office of Transportation and Con- struction to the Board of Selectmen regarding the 1993 Transportation and Bond Bill Copy of a letter from Robert Mangiaratti, Town Counsel, to the Mansfield Board of Health regarding the Mansfield Board of Health vs. Brugliera /Parsons Letter from the Community Antenna Television Commission to the Board of Selectmen regard- ing Commission Rate Regulation Letter from Department of Environmental Management to the Board of Selectmen regarding their previous memorandum of October 27, 1993 regarding Title 5 Traffic Regulation Permit JTPG Meeting Notice 4. 8:00 P.M. - Meeting with Boards and Committees Registrar if Voters The following members of the Registrar of Voters were present for this discussion: Judy Scott, Martha Pierce, and Jackie Barcliff. Judith Scott, Chairman, informed the Board of Selectmen that Mansfield's precincts have been split into to districts by the State. Discussion followed regarding the number of ballots that will be required in different elections and confu- sion which may arise from the split. 5. Board and Committee Interviews/ Appointments Registrar of Voters One Positron Open - One Applicant (Martha Pierce) 3 Members of the Board of Selectmen thanked Ms. Pierce, who was present, for devoting her time to the Registrar of voters. MOTION: To reappoint Martha Pierce to the Registrar of Voters for a three -year term to expire in 1997. ( Royle- Ronald) All in favor. PASSES. Airport Commission Two Positions Open - Two Applicants (George Dainis III and Kenneth Tormart) The interview began with the two applicants stating theirs name and the reasons why they would like to be reappointed to the Airport Commission. Discussion followed regarding the advantages of having both an abutter to the airport and a pilot on the Commission and upcom- ing capital projects for the airport. MOTION: To reappoint Kenneth Torman and George Dainis to the Airport Commission for three -year terms to expire in 1997. Council on Aging Three Positions Open - Three Applicants (Marie Vaisnoris, Joy Lee Eppes, and Sonia Walgreen) The interview began with two of the applicants, Marie Vaisnoris and Joy Lee Eppes, stating the reasons they are seeking appointment and reappointment, respectively, to the Council on Aging. Sonia Walgreen, also an applicant for the Council on Aging, was unable to attend the interview. Discussion followed regarding new ideas the applicants could bring to the Council on Aging and the need for additional staff at the Council on Aging. MOTION: To appoint Marie Vaisnoris to the Council on Aging for a one -year term to ex- pire in 1995. (Mrs. Vaisnoris will be filling a position in which a member of the Council on Aging resigned.) (Boyle- Ronald) All in favor. PASSES. MOTION: To reappoint Sonia Walgreen and Joy Lee Eppes to the Council on Aging for three -year terms to expire in 1997. ( Royle- Penney) All in favor. PASSES. Board of Assessors One Position Open - One Applicant (Alfred Turinese) The interview began with Mr. Turinese giving a brief background of his service as an Asses- sor. Discussion followed regarding the possibility of appointing an associate member to the Board of Assessors and when tax bills will be mailed out. MOTION: To reappoint Alfred Turinese to the Board of Assessors for a three -year term o expire in 1997. (Ronald - Royle) All in favor. PASSES. 6. Discussion of Town Office Office Hours William Williams, Town Manager, proposed that all Town office hours, including the Paine School offices and the Electric Department offices, be consistent until the end of this year, Wednesday hours to be 8 A.M. to 8 P.M. and Friday hours to be 8 A.M. to 12 Noon. Selectman Royle stated that she must abstain from any discussion and votes on this issue be- cause she is a Town employee. MOTION: To extend the office hours of the Paine School and Electric Department from 8 A.M. to 8 P.M. on Wednesdays and 8 A.M. to 12 Noon on Fridays until February 1, by which time the Board of Selectmen would have voted on the conversion of hours with a full Board beginning in February. (Ronald - Robinson for discussion) (2 -0 -1) Selectman Royle abstained. PASSES. Prior to seconding the above motion, Acting Chairman Robinson passed the gavel to Clerk Ronald. After voting on the above motion, it was discussed that before the Selectman vote on office hours beginning in February there should be discussion between the Selectmen and building representatives. 8:30 P.M. - Alladen Kennels - Public Hearing Town Counsel Robert Mangiaratti was present for this hearing. Also present were Jane and Raymond Guy, Alladen Kennel owners, their attorney, Tom Grassi, and several abutters to Al- laden Kennel. Clerk Ronald read the cover page of a petition which had been submitted by abutters to Al- laden Kennels. After Clerk Ronald read the cover page to the petition, Acting Chairman Robinson allowed Attorney Grassi the opportunity to speak to the petition. Attorney Grassi requested the residents speak first. The following residents spoke at this time: James Billodeau, 15 Lancashire Drive, stated that the noise from the kennel has gotten worse and that it is not uncommon to hear dogs barking in the middle of the night. Mr. Billodeau also expressed concern regarding review of other projects vs. the review conducted on this project. Mr. Billodeau also suggested that Mr. Guy either upgrade the kenell to be suitable for a residential area or move to a new location. Members of the Board of Selectmen commented on the subdivision being developed next to the kennel, other noise problems in the neighborhood, Planning Board review of the Forest Park development several years ago compared to their review of a supermarket now, and whether or not the residents realized the kennel was in the neighborhood prior to purchasing their homes. James Billodeau, 15 Lancashire Drive, stated that during the first year at his current residence he did not hear much noise from the kennel, but over the last couple of years, the noise has in- creased. Alina Billodeau, 15 Lancashire Drive, suggested that the owners of the kennel act responsibly with the dogs boarded at the kennel and referenced discussion concerning installation of noise barriers at the kennel, which were not installed because of the cost. Stuart Golde, 19 Lancashire Drive, stated that he has lived at this current residence for five years and that Ire did not hear the dogs barking at first but that each year the noise has gotten worse. Thomas Guilmartin, 2 Timberline Drive, stated clogs were barking. At that time the reading w for several hours at that level. that he took a reading of the noise while three is 80 to 83 decibels; the barking goes goes on Clifford Cehelsky, 6 Timberline Drive, referenced the last hearing with the Board of Selectmen, at which time working cooperatively was discussed. After that meeting, he noticed that the dogs were quieter for a short period time. Keith Birch, 23 Lancashire Drive, stated he only reason why he signed the petition was be- cause Mr. Guy would not cooperate. Walter Bogdanchick, 1610 West Street, stated that he has lived in his house since before the kennel was developed and that he has been woken up at 2:00 in the morning by the dogs bark- ing at the kennel. Lamar Upshaw, 14 Victoria Lane, asked why the Guys can quiet the dogs for five minutes but not for any length of time. The Guys representative, Attorney Grassi, stated the procedure which was followed to reach the public hearing this evening, that the kennel hasn't expanded or changed since it was first developed in 1978, and suggested that the residents in the area should have asked questions regarding the number of dogs the kennel can board at one time while considering purchasing their homes. Attorney Grassi also stated that he has letters from immediate abutters of the ken- nel stating that they are not troubled by the kennel. Lastly, Attorney Grassi stated that the residents who have commented on the Guys being responsible must take into effect the costs sound reduction materials and that they Guys will continue to do the best they can. Town Counsel, Robert Mangiaratti, informed the Board of Selectmen the courses of action they may recommend to the County Commissioners: 1)Revoke the License 2)Suspend the License 3)Regulation of the License 4)Dismiss the Petition Members of the Board of Selectmen commented on and asked questions regarding any increase in the number of dogs being bordered at the kennel, there hasn't been an increase; ability to hear hear each other talking while in yards, the effect the kennel has on the residends quality of life, length of time during the day and night that the dogs are barking, if there had been any major change in the business, no major change, but more houses have been built. A resident of 14 Timberline Drive stated that she has been woken up by dogs barking at the kennel at IA.M, 12 Midnight, and 6:30 A.M. An abutter to the kennel asked if an acoustical engineer had ever been looked into to come up with a low cost solution to the problem. Mrs. Guy responded that someone did look at the problem with them but his recommendation was that there are all kinds of expensive state of the art material which could be used inside but that nothing could be done to the exterior of the building. Right now, the Guys are looking into bark shingles as a solution. Discussion followed among the Selectmen regarding the course of action they should recom- mend. MOTION: To write to the Commissioners and recommend that regulation be imposed on Alladen Kennels to abate the noise. (Royle -NO SECOND) MOTION: To recommend to the County Commissioners that Alladen Kennel be required to install reasonable noise abatement structures or equipment. (Ronald - Royle) (2 -1) Acting Chairman Robinson Abstained. PASSES. 8. Questions and Comments Peter DeTrolio referenced the recommendation the Board of Selectmen voted to make to the County Commissioners and stated that what is reasonable to one person may not be reasonable to another. 9. Old Business Town Manager Ware Street Sidewalks William Williams referenced a Purchase Order in the amount of $25,256.68 for the Ware Street construction design and a draft letter and survey which will be sent out to Ware Street residents. Discussion followed concerning the appropriateness of signing the purchase order before recieving the surveys back from the residents. Selectman Royle suggested revisions to the Ware Street sidewalks letter and requested they be given to Mr. Swanson, Town Engineer. MOTION: To approve the purchase order. ( Royle- Robinson) All in favor. PASSES. Family Medical Leave William Williams, Town Manager, recommended the Board of Selectmen approve the Family Medical Leave Policy. MOTION: To approve the Town of Mansfield Family Medical Leave Policy as submitted by William Williams, Town Manager. ( Royle- Ronald) All in favor. PASSES. After the above vote, Acting Chairman Robinson, stated that he hopes that a clarification program is held for Town employees so that everyone will get the benefit of the policy. Compost Facility Hours William Williams, Town Manager, stated that he and Dan Clifford, DPW Director, are requesting that the Compost Facility extend its hours to inlcude Sundays for the next four weeks. Selectmen Leaf Pick -Up Amos Robinson, Acting Chairman, stated that Overall Construction has volunteered to assist in leaf pick -up. A consensus of the Board of Selectmen was to send Overall Construction a Thank You note. Plymouth Sheet Recreational Facility Selectman Royle asked if the Town Manager could send thank you letters to all the people who have made donations to the Plymouth Street facility. William Williams, Town Manager, responded that he is in the process of doing that. Veterans Agent Position Selectman Royle requested the Board to send a letter to Judith Scott, Town Clerk, thanking her for the extra time she put into the Veterans Agent position. A consensus of the Board of Selectmen was in favor of sending Mrs. Scott a thank you letter. Acting Chairman Robinson stated that he attended his first Bristol County Advisory Committee meeting on Thursday. At the meeting, the Committee reviewed their budget, just as the Municipal Government is doing now. 10. New Business Town Manager No. Main Street/Chauncy Street Intersection William Williams, Town Manager, requested the Board of Selectmen accept Bill No. 5143 for the No. Main Street /Chauncy Street intersection. MOTION: To accept Bill No. 5143. (Ronald- Royle) All in favor. PASSES. Tremont Street Subdivision Town Manager William Williams read a memorandum from the Planning Board requesting the Board of Selectmen consider an offer made by Jack Smith to install a catch basin and hard pipe to be connected to his drainage system at no cost to the Town if, in turn, the Town provides the material necessary for the installation. After review of the request and memorandums from various department heads, the following motion was made: MOTION: To accept Mr. Smith's offer and allow him to install a catch basin and sewer line as recommended by the Town Engineer and the Planning Board. (Royle- Robinson Acting Chairman Robinson passed the gavel to Selectman Ronald.) All in favor. PASSES. Customer Service Program William Williams, Town Manager, gave a review of a workshop he attended regarding cus- tomer service. Discussion followed regarding the workshop, staff meetings, and the willing- ness of employees to change behavior. I -Net Service Clerk Ronald stated that lie and the Town Manager attended a sales pitch for I -net this date in Foxboro regarding I -Net. Clerk Ronald also expressed interest in inviting representatives of I -net to a Selectmen's meeting for discussion. A consensus of the Board was in favor of invit- ing representatives to a meeting. Witch Pond Well Site Acting Chairman Robinson stated that the Town of North Attleboro is working at their Town landfill next to the Witch Pond site and requested the Town Manager get in touch with No. At- tleboro to see if they have done any tests on the soil and if Mansfield can have the results. A consensus of the Board of Selectmen was in favor of Acting Chairman Robinson's request. II. Adjournment - 11:10 P.M. —Clerk's, ignature Date of Approval D