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HomeMy WebLinkAboutBOS MINUTES 10-9-1996Board of Selectmen Minutes 03 October 9, 1996 ' LJ PRESENT: Chairman Madan, Clerk Mahana, and Selectmen Colell4j)tas46re,' and Robinson Christopher Marion, Assistant to the Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 16 - $2,022,625.15 MOTION: So moved. (Robinson - Colella) All in favor. PASSES. B. Licenses and Permits Application for a Parade Permit from Cindy Murphy for Lancashire Drive MOTION: So moved. (Mahana - Robinson) All in favor. PASSES. Orders of Taking for Spring Street, Park Street, Reservoir Street, and Oakland Street MOTION: To waive the reading. (Mahana- Pasquale) All in favor. PASSES. C. Minutes of October 2,1996 MOTION: So moved. (Colella - Pasquale) (4 -0 -1) Robinson abstained. PASSES. D. Correspondence ACTION: Resident Letter from Tara Estates residents requesting the Town of Mansfield post speed limit restrictions within the Tara Estates subdivision MOTION: To send to the Police Department for their review. (Mahana- Robinson) All in favor. PASSES. State and Local Government Letter from South Eastern Economic Development (SEED) Corporation regarding membership. Chairman Madan suggested the Industrial Development Commission be asked if any of their members irould like to serve on SEED. Miscellaneous Letter from Ralph Cataloni, Senior Vice Commander, VFW, requesting 50 percent support from the Town for all future parades sponsored by the VFW & Letter from the Town Accountant and Veterans Agent MOTION: That we share the expenses of the parade. (Mahana - Robinson) All in favor. PASSES. Selectman Robinson suggested the expense could be included in the Veterans' Agent's budget for FY97 and that the Town could try to support the request this year through other mechanisms OTHER: Resident Letter from Linda Wallace, 233 Ware Street, requesting the Selectmen approve funding for utility poles for exterior lighting at the Jordan/Jackson Elementary School Letter from Nita Terlizzi- Keefe, 21 East Street, Apt. 3D, requesting the Selectmen approve funding for utility poles for exterior lighting at the Jordan/Jackson Elementary School Letter from Nancy Flynn, 20 Samoset Avenue, requesting the Selectmen approve funding for utility poles for exterior lighting at the Jordan/Jackson Elementary School Letter from Sally Chiarolanza, 7 Clementine Drive, requesting the Selectmen approve funding for utility poles for exterior lighting at the Jordan/Jackson Elementary School Letter from John J. Hilison, 10 Westview Drive, requesting the Selectmen approve funding for utility poles for exterior lighting at the Jordan/Jackson Elementary School 2. Questions and Comments Richard Devine, 6 Morgan Road, stated that he is wondering if the Town Accountant has clarified her comments regarding the School Department's pay /ride accounting system. Mr. Devine also stated that he has circulated a petition to control growth in Mansfield and that he placed it at the Library last Friday while the Director was away. Upon return of the Director, a message was left with him that the Trustees would not like the petition at the Library. Mr. Devine requested a copy the minutes of the meeting, at which the Trustees voted not to allow him to leave the petition at the library and suggested the issue is a matter of free speech. Scott Button, 125 Rumford Avenue, questioned Chairman Madan, Clerk Mahana, and Selectman Colella's compliance with the Open Meeting Law, MGL Chapter 39 Section 23 relative to "meetings held on North Main Street ". Mr. Button continued stating that the instances would not be considered happenstance meetings because they are there all the time. Chairman Madan responded that most of the time the three Selectmen are not together at the same location on North Main Street and that when they are they are never there alone. Burton King, Brockton Enterprise Reporter, asked if Chairman Madan, Clerk Mahana, and Selectman Colella discuss Town business while sitting together on North Main Street. Chairman Madan, Clerk Mahana, and Selectman Colella responded that they do not discuss Town businesses and that they are usually either drinking coffee or eating ice cream. An Eagle Scout requested the Department of Public Works assistance with a volunteer project. In coordination with the Council on Aging, the Eagle Scout along with several other volunteers will be raking senior citizens yards. The volunteers would appreciate it if the DPW could help by picking up the leaves. The Selectmen asked Mr. Clifford, in the audience, if the Department of Public Works would be able to pick up leaves raked up by the boy scouts, and Mr. Clifford responded that the Department of Public Works would be able to help. MOTION: That we have Dan Clifford, DPW Director, coordinate with the Eagle Scout to work out an advantageous day for both. (Pasquale - Robinson) All in favor. PASSES. Peter DeTrolio, 496 Elm Street, stated that Mr. Button's comments irritate hum and that they are nonsense. 3. DPW Project Update with Dan Clifford, DPW Director Dan Clifford, DPW Director, gave an update on Department of Public Works projects while referencing his memorandum to the Town Manager dated October 8, 1996. While giving an update on the Foolish Hill Water Project, Mr. Clifford recommended temporarily patching trenches and taking a credit for permanent patching and overlaying rather than temporary patching, permanent patching and overlaying. Mr. Clifford also stated that the credit could be used to reconstruct North Main Street from County Street to Dane Street. MOTION: So moved. Colella- Robinson All in favor. PASSES. Board of Selectmen questions and Comments Members of the Board of Selectmen asked questions and commented on the number of streets to be accepted at a future Town and the reason for same, location of a hydrant at 614 North Main Street, and the number of kids who use the Plymouth Street fields during the weekends. Lastly, the Selectmen expressed their appreciation for the Department of Public Work's efforts and the work they put out. Wilson Place Watermain Mr. Clifford, DPW Director, requested the Selectmen's approval to move forward with replacing the existing 4" water main at Wilson Place with an 8" main and installing a new hydrant at the end of Wilson Place. MOTION: So moved. (Mahana- Colella) All in favor. PASSES. 4. 8:11 P M Tax Rate Classification Hearing Clerk Mahana read the notice of public hearing. Shirley MacPhee, Assistant Assessor, and Assessors John McNair, Al Turinese, and Paul Folkman were present for the hearing. Board of Assessors Chairman Al Turinese stated the Board of Assessors voted 2 to 1, Assessor McNair opposed, to recommend adopting a classification rate of 104% for the following reasons: A. When tax classification was put into effect, it was theSelectmen's understanding that the Town would gradually work towards one rate. B. A lower rate will allow Mansfield to be more competitive in attracting new businesses and keeping old businesses. Public Comments Richard Devine, 6 Morgan Road, inquired about the percent both the residential and industrial tax rates increase by 2.5 %. Jay Barrows, Industrial Development Commission member, 370 Pratt Street, expressed the IDC's majority opinion in favor of a reaching a flat rate. Board Comments Clerk Mahana inquired about the number industrial tax abatement requests each year and stated by virtue of industrial park businesses' use of water they get a lower rate than the average resident and also pay a lower rate on electricity. Clerk Mahana stated that he would be more willing to go towards a flat tax rate if businesses paid the same electric and water rates as residents. Selectman Pasquale stated that he is in favor of 104% tax rate and he feels it is critical to maintain a healthy industrial base in the community. Businesses are paying 28% of the tax base but are not using 28% of the services. Selectman Colella stated that he is in favor of staying at the 105% rate as does Assessor McNair and that too much burden is being put on homeowners and senior citizens. Selectman Robinson stated that he is in favor of going towards a single tax rate but now may not be the time. Chairman Madan feels that eventually tax classification will be at 100 %, but that it should be kept at 105% now. Assistant Assessor Shirley MacPhee noted that not just the industrial park businesses are affected by the tax rate, but small businesses on Main Street will also be affected. At 8:42 PM, Chairman Madan closed the hearing. MOTION: Move we keep it (the tax rate) at 105 %. (Colella- Mahana) (4 -1) Selectman Pasquale opposed. PASSES. 5. 8:55 PM Alladen Kennels Public Hearing Clerk Mahana read a cover letter to a petition from James Bilodeau and thirty -six other citizens of the Town of Mansfield requesting that the Mansfield Board of Selectmen take action "to enjoin the nuisance created by the barking of dogs harbored at Alladen Kennels, 1660 West Street..." Steven Wise, Alladen Kennels attorney, presented a request to dismiss the complaint for lack of jurisdiction and because the petition does not state that each petitioner is aggrieved or annoyed to an unreasonable extent by the dogs barking at the kennel. Following Attorney Wise's request, ( Mr. Bilodeau submitted a revised and re- executed petition. The revised petition states that the petitioners are "aggrieved, or annoyed to an unreasonable extent by the excessive barking of a dog or dogs owned or harbored by Alladen Kennels..." Some residents on the first petition are deleted from the second petition. Mr. Wise explained his motion to dismiss for lack of jurisdiction under Massachusetts General Laws Chapter 140 Section 137C stating that a defect exists in that that signatories on the petition did not sign and state that they were personally aggrieved or annoyed by barking of dogs to a reasonable extent. Lastly, Attorney Wise noted that he has not seen the amended petition and that he is not prepared to confirm if it has been properly done and requested the Board not entertain it now but set up another hearing date. Robert Mangiaratti, Town Counsel, stated that the statute indicates the petition signatories are in a category of people annoyed to a certain extent by barking animals and that the Board would have to decide if the language of the original petition agrees with the statute.. Selectman Colella stated that he would like to resolve the issue. MOTION: So moved. To continue with the hearing on the first petition. (Colella - Pasquale) All in favor. PASSES. Mr. Bilodeau reviewed the history of his and the other petitioners' complaints filed with the Selectmen over the years and requested the issue be resolved. During Mr. Bilodeau's address to l the Board, Attorney Wise objected twice. Attorney Mangiaratti informed Mr. Wise that each side would have the opportunity to speak and that there is need to object during his speech. Attorney Wise asked if there was any use in his objecting or would the Chairman overrule all his objection. Chairman Madan responded that he would. The hearing continued with Mr. Bilodeau reviewing the history of his and his neighbors complaints filed with the Selectmen over the years. Mr. Bilodeau distributed the Selectmen's November 1993 decision on a complaint filed by the residents, reviewed previous offers made by the residents to abate the noise; distributed a set of the County Commissioners bearing minutes on Alladen Kennels; and stated that the kennel did not adopt the new schedule set by County Commissioners to let the dogs out. Lastly, Mr. Bilodeau stated the kennel is providing an grooming service without a license. Chairman Madan responded that there are no licensed grooming facilities in town. Attorney Wise asked if he was permitted to cross - examine. When he was told that he could not, he objected and asked to call all witnesses he subpoenaed to this evening's bearing, as he has no personal testimony to give. Chairman Madan asked the Selectmen if they would like Attorney Wise to proceed by calling witnesses or if they wish to proceed in the usual fashion, allowing persons on both sides of the complaint to speak on their own initiative. A consensus of the Board of Selectmen was opposed to allowing cross - examination. Public Comments Stuart Golde, 19 Lancashire Drive, expressed displeasure that the agreed upon schedule to let the dogs out has not been adhered to. Richard Devine, 6 Morgan Road, asked if the section of the General By -Laws exempting kennels from barking noises had been deleted and if it had not he suggested the Selectman may not be able to make a ruling on the complaint. Jim Bilodeau, 15 Lancashire Drive, stated that the procedure being followed falls under Mass General Laws not Mansfield's General Laws and State Law supersedes Mansfield's General Laws. Dennis Pepi, Cedar Court, stated that Mr. Guy runs a fine establishment and asked if the airport should be closed because residents hear airplanes. An Alladen Kennels groomer stated that there is not a lot of noise at the kennel and that the homeowners should have checked out the area before they bought their homes. Sam Ellett, 10 Timberline Drive, stated at a previous residence he lived near a kennel and thought the instance would be similar. Mr. Ellett logged all instances between July 27 and September 3 when his family was aggrieved by barking and times he feels were inside and outside of the agreed upon schedule. Lisa Barns, 1666 West Street, stated that she has lived next to Mr. Guy for sixteen years and has never been shut inside house, has never had to put windows down, and has had no problem with noise. Bonnie Golde, 19 Lancashire Drive, stated that barking and howling is excessive at times, sometimes at 3 or 4 AM. Cliff Cehelsky, 6 Timberline Drive, stated that noise from the kennel was nowhere near its current level before he built his home. Gary Wilson, 20 Lancashire Drive, stated that Alladen Kennels does not adhere to the agreed upon schedule. Dave DesRoclres, 12 Lancashire Drive, stated that it is his objective is to agree to a schedule to allow Alladen Kennels to run business and residents to enjoy their homes; Nicole Dugas, 11 Timberline Drive, stated that she personally does not feel aggrieved by the barking dogs but did want to support her neighborhood. Mr. Wise requested her and her husband's game from the list Allison Briggs, 10 Timberline Drive, fourteen, stated that the Cehelsky's are having a hard time selling their home and she thinks it may be because of the noise. Mr. Wise requested her name be sOcken if she is not eighteen years old. Alina Bilodeau, 15 Lancashire Drive, stated that the issue has escalated as Mr. Guy's business has grown and that she has been aggrieved on several occasions by the barking.. Mr. Wise questioned the signature of Matthew Briggs on the petition and asked if he is a minor. Mr. Briggs responded that Matthew is 18 years old and is in college but home three days a week. Sharish Jain, 14 Timberline Drive, stated that he has been aggrieved by barking dogs at Alladen Kennels and that he would like the agreed upon schedule enforced. Tom Guilmartin, 2 Timberline Drive, stated that he would be more than happy if the agreed upon schedule would be honored. Donna Cehelsky , 6 Timberline Drive, requested the previously agreed upon schedule be adhered to. Beatrice Ellett, 10 Timberline Drive, stated that her children are continuously awakened by dogs barking at night. Lamar Upshaw, 14 Victoria Lane, stated that he was at the County Commissioners meeting when Mr. Guy agreed to the schedule and requested the Board of Selectmen to enforce schedule. Ann Upshaw, 14 Victoria Lane, stated the barking dogs are worse as time goes on. Keith Birch, 23 Lancashire Drive, stated that he is aggrieved by the barking dogs. Karl Clemmey, 390 West Street, referenced a letter sent to Board of Health by Mr. Guy thanking them for their approval of the perk test of the Alladen Kennel's property, on April 27, 1978 and stated that Mr. Guy is entitled to have his kennel. Linda Pearson, 102 East Street, stated that she is a close personal friend of the Guys and is at their home early in the morning and late at night, at which times there is no noise. Betty Guilmartin, 2 Timberline Drive, stated that the dogs bark at four o'clock in the morning and keep her awake at night. Mr. Devine, 6 Morgan Road, asked Attorney Mangiaratti to respond to his statement that the Town's by -law exempts kennels. Attorney Mangiaratti responded to Mr. Devine that the hearing is being held under the State statute not Mansfield's General By -Law. Nicole Dugas, I 1 Timberline Drive, stated that none of the residents have personal vendetta against Mr. Guy. Jeff Collins, Animal Control Officer, stated that the last call he received concerning Alladen Kennels was three to four weeks ago and had heard nothing in the interim. Mr. Collins asked Mr. Guy if the schedule set by the Bristol County Commissioners to let the dogs out is being followed or if he can follow it. Mr. Guy's attorney, Steven Wise, responded that the question was not appropriate to ask. Correspondence Letter from Clement Brown to the Board of Selectmen dated October 2, 1996 Letter to the Board of Selectmen from Michelle and David DesRoches dated September 8, 1996 Letter from Stuart and Bonnie Golde to the Board of Selectmen dated September 5, 1996 Letter to Attorney Steven Wise from James Bilodeau dated September 23, 1996 Letter from Samuel C. Ellett to the Board of Selectmen dated September 24, 1996 Letter from Mary Hourigan to the Board of Selectmen dated October 3, 1996 Letter from Ronald Gailey to the Board of Selectmen dated October 9, 1996 Mr. Wise requested his name be removed from petition; Mr. B stated his name is not on amended petition Letter from Thomas Nicholson to the Board of Selectmen received October 9, 1996 Letter to the Board of Selectmen from Lisa Barns and Thomas Barnes submitted this evening Discussion among Mr. Guy, Attorney Wise, and Mr. Bilodeau discussed the cost of noise abatement systems and sharing the cost with neighbors. Board Questions: Questions and comments from the Board of Selectmen were concerning which laws should be followed Mansfield's General Laws or State law (Town Counsel stated State Law); and whether or not Mr. Guy agrees with the schedule set by the County Commissioners. 11:20 Ten Mimrte Break At 11:30 PM, following a ten minute break, the Selectmen, Mr. Bilodeau, Mr. Guy, and Attorney Wise discussed establishing a schedule to take the dogs out during the day that would be agreeable to Mr. Guy. MOTION: To close the hearing. (Colella- Pasquale) All in favor. PASSES. MOTION: To go with first, second and third session schedule as stated in the Bristol County Commissioners decision of February 27, 1996. (Colella- Pasquale) (1 -4) Selectman Colella in favor. FAILS. MOTION: To go by the schedule as amended tonight: Dogs kept at the kennel shall be allowed outside only in accordance 3vith the following schedule: First Session: 7:00 -7:30 AM Mondays through Saturdays 7:30 -8:00 AM Sundays Second Session: 9:00 -10:00 AM All days Third Session: 2:45 -3:30 PM Weekdays 2:15 -3:00 PM Sundays and Holidays (Robinson - Pasquale) All in favor. PASSES. MOTION: Windows of the kennel will be kept closed and opened only during the period when the dogs are to be cleaned. (Pasquale - Colella) All in favor. PASSES. MOTION: We ask the Animal Control Officer to periodically review the kennel and make sure the schedule is being adhered to and get back to the Board periodically. (Pasquale - Colella) WITHDRAWN MOTION: To request the Police Chief ask the Animal Control Officer to periodically, at his discretion, check the kennel and report back to the Selectmen. (Pasquale - Mahana) All in favor. PASSES. 6. Clerk Mahana told Town Counsel that earlier in the evening lie, Chairman Madan, and Selectmen Colella were accused of violating the open meeting law by conspiring by sitting down eating ice -cream and drinking coffee on North Main Street. Attorney Mangiaratti responded that the Selectmen would not be violating the open meeting law as long as they are not discussing town business during this time. 7. 12:15 Adjournment MOTION: To adjourn obinson- Pasquale) All in favor. PASSES. Clerk's Signattn!e Date of Approval