HomeMy WebLinkAboutBOS MINUTES 10-5-1994BOARD OF SELECTMEN
MINUTES Sts NOV 17 Pi 12: 18
OCTOBER 5, 1994
PRESENT: Chairman Robinson, Clerk Ronald, Selectmen P9s46ale; Pbniiey,'an'd Royle
William F. Williams, Town Manager
The Meeting was called to order at 7:30 PM followed by the pledge of allegiance.
A) Warrant No. 15 - $1.516,854.35
MOTION: To approve Warrant No. 15 in the amount of $1,516,854.35.
(Pasquale- Penney) All in favor. PASSES. Selectman Royle abstained from all
Board of Health related items.
B) Licenses and Permits
VFW Application for a Parade Permit
MOTION: To approve.
(Pasquale- Penney) All in favor. PASSES.
C) Minutes
Minutes of September 13, 1994
MOTION: To approve.
( Royle- Ronald) (4 -0 -1) Selectman Penney abstained. PASSES.
Minutes of September 14, 1994
MOTION: To approve with an amendment to No. 76 Maple Street Brush. This section
should state that Selectman Penney requested permission to cut back brush on
Maple Street, not that he requested DPW to do so.
( Royle- Penney) All in favor. PASSES.
D) Correspondence
ACTION CORRESPONDENCE
Resident Correspondence:
Letter from residents of Spring Street to the Selectmen requesting a study be conducted to
determine the feasibility of extending sidewalks on Spring Street, from Union Street down to
School Street, with attached Department recommendations This letter prompted discussion
among the Selectmen concerning establishment of a sidewalk plan for the Town.
Town Manager and Staff Correspondence:
Memorandum from Lorilee Fish, Park and Recreation Director, to the Board of Selectmen,
requesting a waiver of the building permit fee for construction of a storage shed at Memorial
Park
MOTION: To waive the Town's portion of the building permit fee.
(Penney - Royle) All in favor. PASSES.
OTHER CORRESPONDENCE
Board and Committee Correspondence:
Memorandum from Greg Cauldwell, Chairman, Conservation Commission, to the Board of
Selectmen concerning the Williams Street Bridge This memorandum prompted discussion
concerning the Town's input regarding the bridge project and requesting a representative of
SRPEDD be present when the Selectmen meet with representatives of the State again. A
consensus of the Board of
Memorandum from the Recreation Commission to the Board of Selectmen inviting the
Selectmen to participate in and assist in leading their annual Halloween Parade on Sunday,
October 30, 1994, and requesting one of the Selectmen be selected to be a costume judge
Selectman Pasquale will be a judge.
7:40 PM Discussion with Town Engineer, Robert Swanson - Morse Court Sewer
Request
The purpose of this discussion was to discuss a request of Morse Court residents to have
the Town's sewage system extended down Morse Court and the residents charged a
betterment over twenty years. Robert Swanson, Town Engineer, presented four financing
options to the Selectmen, as referenced in his memorandum dated September 26, 1994.
Morse Court residents present for this discussion were Lew Davison and Howard Kobey.
Members if the Board of Selectmen asked questions and commented on the number of
lots that would be serviced by the sewer, cost to replace existing septic systems, if the
financing options have been discussed by the residents and Town staff, if $20,000 is
available in the Highway budget, setting up a meeting with the residents, Town Engineer,
DPW Director and Town Manager, and possibility of including the project in the FY95 -96
budget by lumping all small projects together. A consensus of the Board of Selectmen was
in favor of connecting the lots on Morse Court to the Town's sewer system.
NPDES Permit
Robert Swanson, Town Engineer, referenced a memorandum from him to the Town
Manager dated October 5, 1994, and stated that the Town has received its final NPDES
permit from EPA and DEP, however he has a major problem with the discharge limit for
copper. Mr. Swanson recommended that the Selectmen appeal the permit.
MOTION: To appeal the permit.
(Penney - Pasquale) All in favor. PASSES
3. 8:30 PM Complaint of a Vicious or Barking Dog Public Hearing
Dog Owners: Mr. and Mrs. Southern
Animal Control Officer, Jeff Collins, was present for this hearing and was also the com-
plainant. Mr. Collins stated that the owners are not capable of restraining their dog.
Kendall Southern, 11 Avon Street, was present for this public hearing. Mr. Southern stated
that his dog does not bark all night and is not vicious. Mr. Southern also stated that,
unfortunately, if the dog is in the house and someone goes out the door, he sneaks outside.
Lastly, Mr. Southern stated that it will be a very traumatic experience for his wife if the dog
has to be put to sleep.
Members of the Board of Selectmen asked questions and commented on the age of the
dog, tying the dog up or fencing the yard, if Mr. Southern could guarantee that the dog will
not sneak out again, where the dog is tied up, viciousness of the animal (Animal control
Officer Collins stated that the animal has nipped at people several times but has not broken
skin a// the time), size of the Southern's yard, and if the Southerns try to go after their dog
when it gets loose.
Mr. Southern stated that if his dog gets loose again he will give it to his son who lives in
New York. Mr. Southern also stated that he cannot afford to put up a fence.
Chairman Robinson closed the public hearing at 8:50 PM.
MOTION: To declare Sparkey, the Southern's dog, a nuisance in the neighborhood due to
the fact that he runs loose at various times and order that Mr. Southern ensure
at all times that Sparkey is tied up on his property. If the dog is loose again and
is observed by or picked up by the Dog Officer, it will be banished from the
Town immediately.
(Royle- Pasquale) All in favor. PASSES.
Chairman Robinson asked Animal Control Officer Collins for an update on the Torres' dog.
A public hearing concerning their dog was held on September 21, 1994, at which the
Selectmen voted "To declare the Torres' dog that resides at 18 Fuller Place a nuisance,
express concern about the health and welfare of the dog, direct the dog officer to negotiate
with the owner of the dog to remove the dog on a voluntary basis. If that is refused, we
will pursue the matter further." Animal Control Officer stated that the Torres' are not willing
to surrender their dog.
MOTION: To revoke the dog's license.
(Royle- Pasquale) All in favor. PASSES.
Animal Control Officer Collins sated that the animal is not allowed within the Town
boundaries without a license. Each day the dog remains within the Town boundaries, the
Torres' may be fined twenty five dollars a day. Selectman Pasquale suggested granting
the Torres' a five day grace period after the letter is delivered to them.
William Williams, Town Manager, referenced a complaint he received from Warren Avenue
residents concerning a dog owned by the Callamores and asked the Animal Control Officer
if anything could be done about the dog prior to the public hearing. Animal Control Officer
Collins stated that it would have to be proven that the dog is actually a threat to the
neighborhood and an order would have to be given by the Police and Fire Departments
to have it removed.
William Williams, Town Manager, requested the Animal Control Officer send a letter to the
dog owners with a copy of the complaint requesting that they take all necessary actions in
the interim.
4. Questions and Comments
Leonard Flynn, 102 Jewell Street, commended the Board of Selectmen for their quick
response to the proposed Mass Highway design for the Williams Street bridge Mr. Flynn
also stated that at the original public hearing, representatives of Mass Highway stated that
they were going to move the bridge 30' now they are going to move it 100' and that Roland
Hebert, JTPG Chairman, is willing to attend the Selectmen's meeting the evening that
Mass Highway representatives are present to discuss the bridge design.
5. Old Business
Town Manager
A.) Special Town Meeting
Mr. Williams, Town Manager, expressed disappoint that the Selectmen's joint meeting with
the Finance Committee and School Committee scheduled for this evening was canceled
and stated that the Finance Committee will attend next week's meeting at 7:00 PM to give
their report.
Discussion among the Selectmen followed concerning new hires as a result of passage of
the capital plan presenting the capital plan at the October 19 Selectmen's meeting,and
inviting the School Committee to attend the October 19 Selectmen's meeting for a
discussion on the capital plan.
William Williams, Town Manager, suggested Selectmen hold off on their discussion with
the Conservation Commission if Mass Highway is unable to attend the October 19
Selectmen's meeting and begin discussion of Special Town Meeting articles at 7:50 PM. Mr.
Williams also stated that the Selectmen will have to think about who will be making the
presentations on the land sales at the Special Town Meeting.
B.) Recycling Park
William Williams, Town Manager, stated that the recycling park will be open on Monday,
October 10, 1994 from 8am to 4pm.
Selectmen
A.) Cable Advisory Committee
Selectman Ronald presented an organizational chart for the Cable Advisory Committee to
the Board of Selectmen and stated that Jay Goldman helped him a great deal with it.
MOTION: To support implementation of the Cable Advisory Committee as eloquently out-
lined by Clerk Ronald.
(Royle- Penney) All in favor. PASSES.
Selectman Pasquale nominated Clerk Ronald to serve on the Cable Advisory Committee,
which unanimously passed.
B.) Gilbert Street Bridge
Selectman Penney asked if the Town has heard back from the State concerning the Gilbert
Street bridge.
C.) Light Commissioners Meeting
Selectman Penney asked if the Light Commissioners could meet on November 7, 1994. A
consensus of the Selectmen was in favor of meeting on November 7, 1994 as Light
Commissioners.
D.) West Mansfield Fire Station
Selectman Penney asked for an update on the West Mansfield Fire Station.
E.) Workshop Format
Selectman Penney inquired about the Selectmen's workshop format and asked if they
would be going back to it (having workshop the first Wednesday of every month).
F.) Drainlavers Regulations
Selectman Penney stated that he has many comments on the regulations. William
Williams, Town Manager, asked Selectmen Penney to give him his comments and he would
put them in the file.
G. ) Merkens Pretreatment Program
Selectman Penney asked about the status of the Merkens Chocolate pretreatment program.
Selectman Penney also asked if the Town has an IPP Coordinator and if he could be invited
in to one of the Selectmen's future meetings. Town Manager William Williams stated that
he would look into it.
H.) Workshop Format
Selectman Royle suggested the Selectmen hold workshops as needed rather than on a set
schedule of once a month.
I.) Discussion of Wording of the Municipal Building Committee Article
Selectman Pasquale began a discussion on wording for the Special Town Meeting article.
Selectman Royle requested an opinion be requested from Town Counsel concerning the
Municipal Building Committee's role. Selectman Pasquale stated that he feels there should
be a letter of clarification of the Municipal Building Committee's role and stated that he
would draft a memorandum of understanding.
6. New Business
Town Manager
A.) Players Choice Automatic Amusement License - Soccer Bubble
Town Manager William Williams referenced a memorandum from Bertram Cook, Inspector
of Buildings /Zoning Enforcement Officer, concerning licensing of video games at Player's
Choice Soccer Bubble. In the memorandum, Mr. Cook wrote that a temporary occupancy
permit will be granted for the soccer bubble once the building is completed, however, a
permanent occupancy permit will not be granted until landscaping is completed, which will
not be done until the spring. Mr. Cook suggested the Selectman may wish to review their
restriction they imposed on the license. The Selectmen granted a automatic amusement
device license to Player's Choice contingent upon a permanent occupancy permit being
granted.
MOTION: To lift the restriction on Player's Choice automatic amusement device license
which make the license contingent upon a permanent occupancy permit being
granted for the soccer bubble.
(Pasquale - Royle) All in favor. PASSES.
B.) Policing Conference
William Williams, Town Manager, gave a brief report on a Community Policing Workshop
he attended recently with Selectman Royle, Council on Aging member Marie Vaisnoris, Fire
Chief Ed Sliney, and Police Chief Arthur O'Neill.
�. Selectmen
A.) Compost Facility
Clerk Ronald asked if the Town's compost facility will be open more hours now fall clean up.
B.) Route 140 Watermain Extension
Clerk Ronald inquired about the Route 140 water, main extension project. Discussion
among the Selectmen and Town Manager followed concerning the extension. Selectman
Pasquale suggested a letter be sent stating that this would be a great opportunity to
alleviate problems relating to the facility and also stating that if the work is not done now
there will soon be a five -year moratorium on digging up the road.
C.) Road Closures
Clerk Ronald stated that in the past two weeks he has been notified by children that certain
streets are going to be closed in Town - -Ware Street was closed last Thursday and Mill
Street will be closed next week for a sewer extension for the Mill Farm subdivision.
Chairman Robinson stated that he would like to meet with the Town Manager, Police Chief,
a School Department representative, and a bus company representative concerning the
street closure issue. Selectman Royle suggested the DPW Director be included in the
meeting. Discussion of road closure followed among the Selectmen and the Town
Manager.
Town Manager William Williams requested that he placed on the agenda earlier in the
evening.
MOTION: To amend the agenda to include a Town Manager Report preferably between
Questions and Comments and Weekly Business.
( Royle- Penney) (1 -4) FAILS. Selectman Royle was in favor of the motion.
D.) Winter Parking
Selectman Pasquale referenced a letter from Philip Finer concerning winter parking and
asked that the Town Manager, Police Chief, and DPW Director review the Town's policy.
7. Adjournment -11:00 PM
�Cjefk's ignature Date of Approval