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HomeMy WebLinkAboutBOS MINUTES 7-26-1995BOARD OF SELECTMEN u AUG INUTES r, � 2.} pl JULY 267 1995 f f j >Sf->-TS PRESENT: Chairman Royle, Clerk Ronald, and Selectmen Cole la &Pasqua e 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrants ® Warrant No. 56 - $1552682.87 MOTION: To approve. (Pasquale - Colella) All in favor. Chairman Royle abstained from all Board of Health items. PASSES. ® Warrant No. 4 - $17267,426.92 MOTION: To approve. (Pasquale - Colella) All in favor. Chairman Royle abstained from all Board of Health items. PASSES. e Warrant No. 5 - $174782628.30 MOTION: To approve. (Pasquale - Colella) All in favor. Chairman Royle abstained from all Board of Health items. PASSES. B. Licenses and Permits ® Foxfield Taxi Hackney Carriage License- Vehicle No. MOTION: To approve. (Pasquale - Colella) All in favor. PASSES. ® West Mansfield Variety Inc. application for corporate name change to West Mansfield Incorporated and request for approval of pledge of license to Foxboro Savings Bank MOTION: To approve the corporate name change. (Pasquale - Colella) All in favor. PASSES. MOTION: To approve the pledge of license to Foxboro Savings Bank. (Pasquale - Colella) All in favor. PASSES. C. Minutes ® Minutes of June 28, 1995 MOTION: To approve. (Pasquale - Colella) All in favor. PASSES. Minutes of July 12, 1995 MOTION: To approve with the following amendments: Under the water conservation update Chairman Royle suggested a fact sheet be complied and distributed with electric bills, under the Train Station Update, it should be noted that Chairman Royle and Clerk will attend the meeting, under the Great Woods Sound Report Discussion the intent was for the whole Board to review sound report information, not a subcommittee, and lastly, the amount of the Municipal Building Committee bill should be corrected. (Colella- Pasquale) All in favor. PASSES. D. Correspondence ® July 12, 1995 Correspondence Resident Correspondence Letter from Brem & Evelyn Hyde, 1160 School Street, concerning MBTA commuter rail station Letter from Miguel Quadros, downtown business owner, concerning the MBTA commuter rail station Board and Committee Memo from Maureen Doherty, MBC Secretary, requesting the Selectmen conduct a parking analysis study on East Street in the vicinity of the Mansfield public schools Letter from Leslie Pasch, Historical Commission, stating that Memorial Hall has been placed on the National Register Miscellaneous Letter from Dr. Nicoletti, Superintendent of Schools, requesting the Selectmen continue to pursue the purchase of the Gonsalves property Letter from Dr. Nicoletti, Superintendent of Schools, stating that they would like to discuss modifying the East Street traffic flow with the Selectmen Letter from the Tri -Town Chamber of Commerce concerning the MBTA commuter station Copy of a letter to Bruce Montgomery from David & Alice Mohr, Norton residents, concerning the June 20 concert at Great Woods Letter from Shaven Brazil, Norton Estates resident, concerning Great Woods concerts ending times Letter from Michael Clark, CVI Business Manager, with enclosed insurance certificate Followed by the following list of correspondence: ® July 26, 1995 Correspondence ACTION CORRESPONDENCE: Resident Correspondence Letter from the Flint Family Realty Trust stating they would like to release Lot B from the Agricultural Classification and offering the Town the option to purchase the parcel Tabled until Department Comments are received Boards and Committees Memorandum from the Municipal Building Committee requesting the Selectmen appoint Andrea Micheli as an associate member with voting rights for the School projects MOTION: To appoint Andrea Micheli as an associate member with voting rights for School projects. (Pasquale- Colella) All in favor. PASSES. Miscellaneous Letter from Hutchins - Trowbridge Assoc. requesting a waiver of the special permit fee for a residential compound application on Branch Street Tabled for additional information. OTHER CORRESPONDENCE Resident Letter from Spaulding Court and Stefon Realty Trust concerning the commuter rail station Board and Committee Invitation from the Planning Board to a joint meeting concerning East Street A consensus of the Board was that they would like to attend the meeting but that they would like to have the Police Chiefpresent also. Memorandum from the Planning Board to the Board of Selectmen regarding a Master Plan Update Town Manager & Staff Invitation to a July 31 meeting to discuss Memorial Park improvements from the Town Manager, DPW Director, and Parks & Recreation Director Miscellaneous Letter from Robert Mangiaratti, Esq., to the Board of Selectmen regarding the Lollapalooza concert Letter from Ausimont USA to the Board of Selectmen regarding Compo Chemical Letter from Shannon Roberts and Jillian Thornton requesting a "No Turn on Red" sign be installed on the opposite corner of Rt. 140 and Rt. 106 going away from Stop & Shop towards Mansfield This request is still under review. 2. Presentation of Donations for Plymouth Street Recreational Facility by Ed Tartufo Ed Tartufo stated that the following donations have been made for the Plymouth Street Recreational Facility: • Policemen's Association - $22000 • Francis Keady - Donation of plumbing services ® J. M. Cook - Donation of land clearing services betters ofappreciation should be sent to all donors. 3. Questions and Comments Karl Clemmey, 390 West Street, commented on the following: a discussion at the last Selectmen's meeting concerning when payment should be made for licenses, the Great Woods parking lot, Great Woods giving away free tickets to Town employees and Boards and Committees, Police Chief Arthur O'Neill's attendance at the Lollapalooza concert, and Phish concert patrons parking on his property. At the conclusion of Mr. Clemmey's comments, Chairman Royle suggested the Selectmen set a policy of two minutes of speaking time for each individual during questions and comments. Selectman Colella stated that he doesn't think it is fair to put a time limit of two minutes on speaking time for individuals during questions and comments. Selectman Pasquale stated that he doesn't think a limit can be placed on speaking time either, however, if someone would like to speak to the Board for twenty minutes, they should be placed on the agenda. Bill Herman, 153 Eastman Street, questioned the rational of placing a sidewalk on the west side of Route 106 and stated that the east side would have been more logical. Ralph Penney, 336 Maple Street, asked why the sewer line has not been extended from Stearns Avenue out to Route 106. 4. Master Plan Update given by Thomas French, Planning Board Chairman Mr. French addressed the Board referencing a memorandum from him to the Selectmen dated July 25, 1995, explaining the proposed structure of a Master Plan committee and a short range schedule for beginning work. Next, Chairman Royle questioned Mr. French about the Planning Board's position concerning a waiver of a portion of the special permit filing fee for a residential compound on Branch Street. Mr. French will get back to the Board with more information concerning the request. 5. 8:45 PM Revocation of Storage of Flammable Liquids License Pubic Hearing for Old Colony Motors; Vicino,Buick,Pontiac /GMC; and Pales Fuel Supply Both Lt. Sarro and Fire Chief Edward Sliney were present for this public hearing. Chairman Royle opened the public hearing for Old Colony Motors at 8:49 PM.. Fire Chief Sliney stated that he would like the Selectmen to revoke their license because their tanks are no longer in place and Old Colony Motors agrees with the revocation. Clerk Ronald referenced a letter from Old Colony Motors requesting the Selectmen revoke their license. Chairman Royle closed the public hearing for Old Colony Motors. MOTION: To authorize the revocation of their flammable liquids storage license. (Pasquale- Colella) All in favor. PASSES. Chairman Royle called the public hearing to order for Vicino, Buick, Pontiac, GMC Clerk Ronald read a letter aloud from Vicino Buick Pontiac GMC requesting their license be revoked. Public Comment: Karl Clemmey, 390 West Street, asked the Selectmen why they are revoking the licenses. Edward Sliney, Fire Chief, responded that according to the State Fire Marshall the licenses have to be revoked in a public hearing. Peter DeTrolio, 496 Elm Street, questioned if the license actually goes with the land owner or the land. Chairman Royle closed the public hearing for Vicino /Buick /Pontiac. MOTION: To revoke the license. (Pasquale- Colella) All in favor. PASSES. Chairman Royle opened the public hearing for Fates Fuel Supply. Clerk Ronald read the public hearing notice aloud. Fire Chief Edward Sliney stated that there are both above and under ground storage tanks on the property that have been abandoned. Attempts to contact Mr. Fates have been unsuccessful. Members of the Board of Selectmen asked questions concerning liability to the Town if the license is revoked and whose responsibility it is to clean up the property. Chairman Royle closed the public hearing. MOTION: To revoke the license of Fates Fuel Supply. (Pasquale - Colella) All in favor. PASSES. 6. 9:17 PM DePonte Dog Complaint Public Hearing Jeff Collins, Animal Control Officer, was present for this public hearing. Mr. ( Collins summarized the incident that resulted in the dog complaint, referencing his report to the Selectmen dated April 29, 1995, the DeYonte's dog bit the ElletYs 3 1/2 year old child. Clerk Ronald swore in all persons to speak at the public hearing: Earnest & Adelaide DePonte, Gary DePonte, Samuel and Beatrice Ellett, and Nicole Dugas. Both Counsels, Attorney Lawrence Moniz and Attorney John Lakin, were in agreement with the swearing in procedure used during the hearing. Lawrence Moniz, the DePonte's attorney, requested the Board strike all references to Mr. Gary DePonte being semi - retarded. A consensus of the Selectmen and the Ellett's attorney, John Lakin was that the issue of whether or not Mr. DePonte has a disability is not to be discussed. Gary DePonte explained to the Selectmen what occurred the day the Ellett's daughter was bit by his dog. Attorney Moniz followed up by asking Gary DePonte a series of questions concerning the incident. Attorney Moniz also showed the Selectmen a picture of a 2 1/2 year old child patting the DePonte's dog. Board of Selectmen Questions: i Members of the Board of Selectmen asked Gary DePonte questions such as whether or not he still has the dog involved in the incident, if he still walks the dog, what the DePonte's plan is for their dog after tonight if they are given another chance, the breed of the dog, whether or not he feels the dog is vicious, if the dog was taken off the DePonte's property while it was under confinement, the age of the child who was bitten by the dog, whether or not the child had ever been around the dog prior to the incident, why Mr. DePonte (Gary) did not feel it was right for the child to touch the dog, the age of the dog, where the dog was taken during the confinement period, severity of the dog bite, the length of time the DePonte's have owned the dog, and where Mr. DePonte will be attending college. The Ellett's attorney, John Lakin and the child's mother, Beatrice Ellett, addressed the Selectmen explaining the event's of the day that the incident occurred. Attorney Lakin also showed the Selectmen pictures of the child before and after she was bitten by the dog. Board of Selectmen Questions: Members of the Board of Selectmen asked questions concerning the following: What the Elletts expect Mr. DePonte to do with the dog, if they feel the dog should be destroyed, the number of times the child was bitten, and whether or ( not the Animal Control Officer has ever approached the dog (No.). Public Comment: Nicole Dugas, 4 Timberline Drive, stated that she saw the DePonte's dog on its run during the confinement period. Jeff Collins, Animal Control Officer, stated that he has not received any prior complaints. Mr. Collins also stated that his concern is that the dog went for the child's face rather than her hand and that he believes the dog should be declared vicious and would recommend destruction. Prior to Chairman Royle closing the public hearing at 10:35 PM, an affidavit of Mr. Cehelsky was read into the record and Mr. DePonte responded; Mrs. Ellett stated that the dog barks all night. Animal Control Officer Jeff Collins offered the following options to the Selectmen: take no action; declare the animal a nuisance because of its barking•, declare the animal vicious and require it be in an enclosed pen at all times; and require it be leashed and muzzled or in a cage when transported; order it banned from Town boundaries; or order the animal be euthanized. After the close of the public hearing, Selectman Pasquale stated that his biggest concern is the child was bit more than once and the animal went for the child's face. Selectman Pasquale also stated that he agrees with the concept of removing the dog from Town boundaries or destroying it. MOTION: To declare the dog vicious. (Pasquale - Colella) All in favor. PASSES. Selectman Colella stated that he agrees with Selectman Pasquale comments because of the injury, possibility of it biting others, and the recommendation of the dog officer. Clerk Ronald stated that he feels it was a single bite and that he doesn't feel the Board would be responsible if they let the dog stay in Mansfield since the incident occurring while the dog was leashed. Chairman Royle stated that she thinks the issue is that the dog was with the owner on a leash and still bit the child. Chairman Royle also stated that she would not put the dog to sleep, she feels the dog was vicious at that moment, and she would declare it vicious. MOTION: That the dog be removed immediately with the DePontes being given fourteen days to find a suitable home outside of Mansfield or else the dog will be destroyed. (Pasquale - Arnendment to above motion: MOTION: That the dog be removed immediately with the DePontes being given fourteen days to find a suitable home outside of Mansfield. At the end of the two weeks, if the DePontes cannot find somewhere suitable, Jeff Collins will report back to the Selectmen with a finding on the dog. (Pasquale - Ronald) All in favor. PASSES. 7. Town Manager Report A. Appointment of Assistant to Town Manager Mr. Williams stated that he has appointed an Assistant to the Town Manager, Christopher Marion, who will begin working for the Town on August 7, 1995. MBTA Project Update Mr. Williams gave an update on the commuter parking expansion project referencing a letter from Geoff Slater dated July 17, 1995 MOTION: To send a letter to Governor Weld, Lt. Governor Celucci, and Secretary Kerestiotes expressing our displeasure with the MBTA I lad for not working with us and we would Iike to have a meeting i with them on this, copy all legislatures. (Pasquale- Ronald) (3 -1) Chairman Royle opposed. PASSES. ® Lollapalooza Concert -July 25, 1995 Mr. Williams commended Arthur O'Neill, Police Chief, and his officers for acting in a professional manner during the Lollapalooza concert. ® Special Town Meeting Mr. Williams stated that it appears that no additional work can be done on the school buildings capital project until additional funds are secured at a Special Town Meeting. 8. Selectmen Old /New Business Chairman Royle questioned PATNA's (Class II license holder) business address, East Street Body Shop's compliance with their Class II license /site plan, the status of Mansfield Body Shop's Class II license. 9. Adjournment MOTION: To adjourn. (Pasquale- Colella) All in favor. PASSES. Cleik's Signature Date of Appvoval