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HomeMy WebLinkAboutBOS MINUTES 11-5-1980BOARD OF SELECTMEN /LIGHT COMMISSIONERS A G E N D A NOVEMBER S, 1980 1. 7:00 Correspondence Review 2. 7:30 Call to Order 3. 7:30 Representative Leon Lombardi Presentation of State Flag 4. Emergency Medical Services Week Proclamation S. 7:45 New England Telephone Hearing 6. 7:SS Norton Selectmen - Leonard Silvia, John Snyder 7. 8 :00 P.M. Dog Hearings 8. Clerk's Folder 9. Warrants 10. Minutes of October 29, 1980 11. Correspondence 12. Old Business Town Manager's Report 13. New Business 14. Adjournment * *NOTE: Bi- Monthly meeting rescheduled to next week at 8:15 P.M. BOARD OF SELECTMEN Minutes of the Meeting November 5, 1980 7:00 P.M. Correspondence Review 7:30 P.M. Call to Order PRESENT: Chairman Mahana, Selectmen DeLong, Levine, Avery, May, Town Manager Maurer Chairman Mahana noted that in a conversation with a member of the VFW Post, a request was made for a state flag for the pole recently erected. A call was made to Representative Leon Lombardi to obtain the flag and present it to the Town. Representative Lombardi presented to the Commanders of the American Legion and VFW Posts a State Flag in the presence of other Veterans' Council members. The Veteran's Day parade route was presented for approval along with an invitation to the Board members to participate. * MOTION: To approve - Avery /Levine, 5 -0. Representative Lombardi spoke briefly on Proposition 212 and the possible effects. In his opinion Proposition 22 in its present form is unworkable for most local governments. The vast majority understood that amendments would be required. In his opinion, it is not a case where because it passed by a large margin that it cannot be amended. It will have to be decided what changes can be made without destroying the basic law. Rep. Lombardi did not know what direction leadership would take. They may go along and try to make changes, or since they were not in favor of it in the first place, they may leave it alone so that if people find it is too difficult to live with, it may be repealed. There has been a bill already filed to make changes. Chairman Mahana commented on his opinion that large cities and towns would receive the bulk of aid. Representative Lombardi stated he would appreciate in memo form any comments or suggestions from the Board of Selectmen as to needed amendments. PROCLAIMATION - Emergency Medical Services Week - November 9 through 15, 1980 read by Clerk May and presented to Fire Chief Leonard. 7:55 P.M. Leonard Silvie - Norton Board of Selectmen The topic of conversation in Norton is about the sludge. Hopefully when you make a decision it will be in our favor. Mr. Whittemore, who was at the meeting the other night has submitted this letter(given to Chairman Mahana) along with a letter from Chairman Rich of the Norton Board of Selectmen. Chairman Mahana: The concerns of this Board are to take into consideration any concerns of the citizens of Norton. -1- BOARD OF SELECTMEN Minutes of the Meeting November 5, 1980 page 2 8:00 Public Hearing - Dog Complaints Formal complaint read by Clerk May filed by Carol Hilliwell, 22 Peters Way, North Attleboro against roaming dogs from the Saddle Ridge Road area. Another complaint filed by G.K. Myers, Henry Black, B. Pizura, and Beverly McConnell against the dog named Duke owned by Barbara Ivory and against those dogs owned by Francis A. DePalma, Eleanor M. Mitchell, of Saddle Ridge Road, and Ann E. Callahan of Black Pond Road. Certified letters sent to the dog owners notifying of hearing, as well as notification to complainants. Chairman Mahana noted that there is a leash law in this town. Asked for Dog Officers comments. Mr. Rosado stated that this has been going on for some time and that he had been receiving calls that dogs are roaming in the area in question, lie picks them up, then they are claimed and the problems continues. Mrs. Ivory was asked if she had been aware that her dog was running loose and she responded that yes, she knew. Mrs. Mitchell: My dog has been on a leash since being returned to me by the dog officer. A letter was submitted on behalf of Mr. Henry Black who was unable to attend the hearing but wished to express his concern over the dogs roaming loose after the owners had been constantly warned and as a result a dog and cat have been killed. He feels tougher controls and stiffer fines are necessary. Mr. Pizura - resident of Black Pond Road: I have only seen one dog of late running loose, and that is Callahan's. It's been a matter of a month or so since I have seen Mitchell, Ivory, or DePal.ma's. G. Myers: I had a poodle killed in my yard on September 19th. Ivory's dog came down, attached my dog and killed him. I haven't seen the other three of them since this happened. I haven't seen any of the other three for awhile. Carol Hiliwell reiterated her complaint concerning the killing of her cat while she was at work. She noted that she contacted both the Mansfield and North Attleboro dog officers but got no response from North Attleboro. Dog Officer: I thought I should have a restraining order from the Board. Selectman Levine: When you return these dogs do you have a log listing, do you know approximately how many times you have picked up these dogs? Dog Officer: Ivory's have had several dogs. I refused to give them back the dog I have now. S. Levine: Is there a fine that is levied after the first offense, are dogs licensed? Dog Officer : I charge $2 a day. Ivory dog is not licensed, I don't think Callahan's is, the others are. -2- BOARD OF SELECTMEN Minutes of the Meeting November 5, 1980 Page 3 Selectman May: Do you have the right to keep them if the dogs are not licensed? Dog Officer: Yes, I won't give them back if they are not licensed. x MOTION: That the owners be informed that the dogs are to be restrained and the dog officer instructed that the dogs are to be destroyed if picked up again - DeLong /Avery, 5 -0. Clerk's Folder Application for Auctioneer's License by Willis Henry, 22 Main St., Marshfield, to be conducted for one day November 30, 1980, at the Mansfield Sheraton. x MOTION: To approve and grant license, May /Avery, S -0. Application for Arcade license at 288 North Main Street by Peter Bent. Mr. Bent was present and commented that lie would expect arcade to contain mostly pinball with some electric game machines. He also noted he had arranged for police detail. He would try to maintain a family atmosphere. Operating hours would be 12 noon to 10 p.m. weekdays, Friday 12 to 11 p.m., Saturday, 10 a.m. to it p.m. After some questions from the Board members concerning building capacity, fire and sanitary measures, Peter Bent was asked if he had any experience in this area. He replied that six or seven years ago he worked at a part time job in Boston for six months. He was also asked about parking facilities and whether abuttors were aware of the proposal_ MOTION: To take under advisement and request applicant to return in two weeks. DeLong /Avery, 5 -0. Application for Arcade license for 288 North Main Street by Tony McGee of Norton. Mr. McGee was present and introduced his prospective partner, Ray Hamilton. He noted they were planning for about 20 pinball machines. They are going to try to have members of the Patriots involved to sign autographs and talk to the kids. They would also have a juice bar and plan to introduce an excercise program for kids. He noted that the building could hold 40 to 50 machines, but that he will have other things as mentioned, along with some weight lifting equipment. He and Mr. Hamilton would be present all day plus a security guard. Possibility of installing some showers, also. Operating hours would be 2 p.m. to 8 p.m. weekdays, 12 noon to 10 p.m. Saturday. Mr. McGee explained that his hope is to start in Mansfield and expand the operation all over New England. He noted his lawyer is Tony Pinachia from Rhode Island. ( Selectman DeLong asked what the plan motivation was for the operation. Mr. McGee replied that at first it was money, but that he would like to work with kids through his own resources. In the past he has worked with them through State and city depart- ments. Mr. DeLong asked what he would be doing for the kids when lie could not be present himself if the operation were expanded to various locations? -3- BOARD OF SELECTMEN MINUTES OF THE MEETING November 5, 1980 Page 4 { Mr. McGee replied that he would hire other Patriot team members if necessary when he himself is not present. Selectman Avery commented that if a license were granted under the current proposal, it would be revoked if it were discovered they were not operating as presented here. At this time Peter Bent requested his application for arcade be withdrawn since he felt what Mr. McGee was proposing would be more beneficial to the kids and the town. MOTION: To take under advisement the application of Tony McGee for Arcade license x at 288 North Main St. Avery /May, 5 -0. Selectman DeLong asked Mr. McGee to present to the Board a business plan of intentions for four or five years ahead and names of references. Mr. McGee will present requested information to Town Manager before the Nov. 19 meeting at which time he will return before the Board. WARRANTS: School #49, $63,926.01 approved, May /Avery, 4 -0, with Selectman Levine abstaining. Town #50, $278,399.45 approved, Avery /Levine, 4 -0, with Selectman May abstaining. School Expenses, #51, $245,514.78 approved, May /Avery, 4 -0 with Selectman Levine Abstaining PUBLIC HEARING - New England Telephone To place and maintain conduit on Forbes Blvd. Mansfield as outlined in Petition #5 -80. Hearing no objections motion was made. x MOTION: To approve petition Avery /May, 5 -0. MINUTES of October 29, 1980 - MOTION: To approve, DeLong /Avery, 3 -0 (May and Levine absent for vote) Correspondence Letter from Veterans' Council inviting Board to take part in Veteran's Day observance. Letter to be included in the record of the Sludge Landfill hearing. Reminder from Board Secretary that Christmas and New Year's Eve fall on Wednesday. * MOTION: To hold Selectmen's Meetings for Christmas $ New Year's on Monday night December 22 and 29. Avery /May, 4 -1, with Selectman DeLong opposed. Copy of letter from Electric Department to Office of Energy Resources RE: participating in Mass -Save program. Sewer application from Hampshire St. Trust. Town Manager explained that the proposed 50,000 gallons a day figure is high but that is a formula set up by the State by the number of people employed. It meets state approval and they will check it out. * MOTION: To grant permit subject to state approval, Avery /May, 5 -0. Request from Selectman DeLong for clarification of Non - residency requirement voted on previously -4- BOARD OF SELECTMEN MINUTES OF THE MEETING November S, 1980 Page S It was decided that the Board would retain the restriction under Chapter 373 of Mass. General Laws as written in Board Policy where if there is no residency requirement by a municipality, members of the regular police and fire departments can live within 15 miles of the border of the community in which they work. Application from Gertrude Hofeman for Boards or Committees in particular Council on Aging. (Applicants will be interviewed and appointment made next week.) Copy of letter from Camp, Dresser, McKee to DEQE enclosing copies of the draft "Report on Sludge Management Study" on behalf of the Tom of Mansfield. Notice of DPU hearing to be held on the petition of ABC bus Lines for November 19, at 10:00 a.m. Building Construction report for the month of October, total estimated construction costs for October, $740,313, total to date $10,133,148. Notice from Building Inspector to Conrad Lajoie appointing him permanent part -time plumbing and gas inspector for the Town of Mansfield effective November 3, 1980. Copy of UPDATE: 128 WRRC. Highway DPW request for Service 10/20 to 10/29. Copy of CIC Agenda for November 9 meeting. First Boston Public Power Financing Newsletter. Copy of Bristol County Home Care for Elderly reports for August and September. Copy of letter from Town Counsel to Town Manager RE: Deferred Compensation Plan. Application from Jane E. McIntyre for Recreation Commission. Letter from Town Counsel to Chairman RE: P. DeTroilio Liquor License Appeal including fee for services and summary of happenings. Letter from Alcoholic Beverages Commission RE Letter from Attorney Bradford H. Johnson RE TOWN MANAGER'S REPORT Decision on DeTrolio hearing. Victory Realty vs. Town of Mansfield. 128 WRRC will be holding meeting on Tuesday, December 2, at Mansfield Town Hall, 7:30 p.m. Town Manager reported that Whitaker has accepted the town's offer RE: town hall roof. Bids were opened for installation of water line into Maple Park and low bidder was Mainline construction of Walpole at $78,000, which was $12,000 lower than the Whitman and Howard estimate. W $ H will review contract documents and hopefully will sign contract tomorrow or Friday with work to begin on Monday. Pumping records are quite discouraging in view of the conservation methods instituted. A call has been received from Blane Chemical that they have installed a cooling -5- BOARD OF SELECTMEN MINUTES OF THE MEETING November 5, 1980 Page 6 system on one of their machines to save 225,000 gallons per week. They will be installing another one in a week or two. We are in the process of tracking down a water leak. Residential usage most difficult to monitor, yet that is 50% of the consumption. We started monitoring usage by industry this week. Chairman Mahana asked that Town Manager check a comparison of how much water is being used to how much that is billed. Town Manager reported some vandalism occurred at the Wastewater treatment plant Monday evening with damage being done to the electrical system in the Chlorine Building. They entered over the fence. Police Contract Signed today for both years. On the Warrant tonight there was the payment for first year of contract of $27,000, $19,000 is to pay for the first year going back to 1978. Another Warrant will be ready to be signed tomorrow. Town Manager announced the appointment of Sargeant Jesse Earls as Acting Police Chief effective November 14, 1980. Received preliminary notice from Civil Service on Police Chief examination tentatively set for February 7th, 1981. They need the salary to be set by the Board of Selectmen. Town Manager recommends $26,000 per year plus $1100 holiday pay to keep in line with surrounding communities. (Comparison chart submitted to Board). * MOTION: To approve the salary as recommended by Town Manager at $26,000 per year with additional $1100 in holiday pay. DeLong /Avery, 4 -1 with Levine opposed. * MOTION: That acting chief be appointed at the rate of $23,000 effective November 14, with a 7% increment as of July 1, 1981. DeLong /May, 5-0. Town Treasurer has noted to Town Manager that we may have to go out and borrow again over and above the $600,000 in anticipation of taxes. She has suggested that some of the taxpayers be contacted and asked to pay taxes before receiving their bill. * MOTION: To approve Treasurer's request to ask industry and homeowners to pay taxes now if they so wish. May /Avery, S -0. Board Reports Selectman Levine suggested that the grass be cut on the roadway leading to Parente's Farm as it is a hazard. Although the State is supposed to take care of this, Chairman Mahana suggests having the town do it if it is a traffic hazard. Selectman Levine asked about status of grain mill lights which Jim Hall is to check into coming back to Board with recommendation and costs. Selectman Levine asked Town Manager to see if a hearing was held for the NO Parking signs in front of 51 Park St. and when. There being no further business, meeting was adjourned at 9:50 p.m., May /Avery 5 -0.