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HomeMy WebLinkAboutBOS MINUTES 3-30-1977BOARD OF SELECTMEN /LIGHT COMMISSIONERS AGENDA March 30, 1977 • 7:30 p.m. - Call to Order. Minutes of the Previous Meeting Warrant Correspondence Clerk's Folder - Renewals - Junk Dealer's & Junk Collector's licenses for Karl Clemmey, 390 West Street Renewal - Junk Dealer's license for Calvin Visedom • 7:45 p.m. - Jaycee Cleanup announcement • 8:00 p.m. - Kennel License Application - Richard Mann, Elm St. • 8:15 p.m. = Town Treasurer Joan Cutillo - Review of Bond Bids • 8:30 p.m. - Dog Complaint hearing - Owner, William Gordon, 53 East Street • 9:00 p.m. - Approval to File D.P.U. Report • 9:15 p.m. - Shierino Amici re Honor Roll • - Town Manager's Report • - Board Reports • - Adjournment BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Present: Selectmen Robert DeLong, Frank Colella, Douglas Titus, David Clemmey; Selectman Caponigro arrived shortly after meeting called to order. Town Manager Hannon not present. Meeting called to order at 7:30 p.m. Treasurer's Warrant - $631,509.29 - Motion to approve by Selectman Clem- * mey, seconded by Selectman Colella, voted 4 -0 ( Caponigro not present). Notice of March 31 meeting from Bristol County Selectmen's Association. Minutes of March 23 meeting - motion to approve by Selectman Colella, * seconded by Selectman Clemmey, voted 4- 0.(Caponigro not present). Correspondence from Boston College, Weston Observatory, regarding the coal drilling recently done in Mansfield. Letter from University of Massachusetts regarding Work -Study Program for students. Letter from Conservation Commission regarding jurisdication of Constable Richard Lambos. It was pointed out that Mr. Lambos had been appointed in February of 1976 as a constable for all conservation land in town, but during the reappointment process had be reappointed as "special con- stable to Maple Park ". Selectman DeLong moved to make Mr. Lambos' ap- pointment as "Special Constable for Conservation Land" in Mansfield. * Seconded by Selectman Colella, and voted 4- 0.(Caponigro not present). Letter from the Conservation,:Commission regarding funds for cleaning Canoe River upstream from the Gonsalves property. The Selectmen ques- tioned the amount needed. The secretary will check with the Chairman of the Conservation Commission.regarding the amount requested. Letter from the Conservation Commission regarding a culvert on Ware Street. (discussed later in the meeting.) Letter from the Conservation Commission regarding Maple Park trail being named in honor of Herb Bliss. Letter from Associated Builders regarding pending legislation (House Bill 3171) which would allow local authorities the option of using or not using the wage rates set by the Commonwealth. After discussion, the Board members decided to write letters in support of this bill. Notification from Owens- Illinois regarding the awards ceremonies to be held at the Qualters Middle School on Thursday. Report from the Water Division of the weekly pumping totals for the wells. Notice from the E.P.A. of additional funds for the wastewater treatment reimbursement of $6,800. ( *- MOTIONS PASSED) -1- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 2 Letter from the Recreation Commission regarding use of Sweet property in West Mansfield for a common gardening area. Letter from the state DPW regarding the proposed relocation of Route 140. * ** Mr. Ed Rosenberg of the Jaycees met with the Board to discuss the annual Jaycee Cleanup day. Mr. Rosenberg told the Board that this was scheduled for April 16, a Saturday. Items to be collected were to be under 75 lbs. Selectman Clemmey moved to proclaim April 16 Jaycee Cleanup day. Seconded * by Selectman Colella, voted 5 -0. * ** Letter from Town Counsel regarding question on bidding procedure for the Honor Roll memorial. (Discussed later in the meeting.) Letter from the Airport Commission regarding vacancy on that committee. The Commission recommended that Frederick Cornford be appointed to fill the vacancy created by the non - acceptance of Walter Main of the 1980 term. Selectman DeLong pointed out that Mr. Main had never been sworn in so the ( appointment should be treated as a Selectmen's (only) appointment. He moved that Frederick Cornford be appointed to the vacant term on the Air- port Commission, which expires January 1, 1980. Seconded by Selectman * Caponigro, voted 5 -0. Letter from the E.P.A. regarding grant payment. Letter from the Mansfield Little League regarding May 7 parade and Jamboree. Request to indicate by April 23 if Board will be represented. * ** License renewals: Clemmey, Inc., 390 West Street, Junk Dealer. Select- man Caponigro commented that one of the neighbors had complained about the volume level of the loudspeaker at the business. He said that he was sure this could be taken care of, and moved to grant the renewal permit. * Seconded by Selectman Colella, voted 4 -0 ( Selectman David Clemmey ab- staining.) Clemmey, Inc., 390 West Street, Junk Collector. Motion to approve by Selectman Caponigro, seconded by Selectman Colella, voted 4 -0. (Select- * man David Clemmey abstained.) Junk Dealer's license for Calvin Visedom, North Main Street. Selectman DeLong questioned if the license would allow for the storage of auto parts, ( as did Mr. Clemmey's license. After discussion, Selectman Clemmey moved that this license be approved, with'the stipulation that all items be stored * inside the building. Seconded by Selectman Colella, voted 5 =0. Town Clerk will be notified to type the restriction on the license. ( *- MOTIONS PASSED) -2- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 3 At 8 P.M. Mr. Richard Mann of 714 Elm Street met with the Board re- garding the application for a kennel license tabled from last week. Selectman Caponigro moved to recommend to the Town Clerk that he is- sue the kennel license, for 10 dogs. Seconded by Selectman DeLong, * and voted 5 -0. * ** Sewer Connection: for 447 West Street, Lewis D. Wynn, owner. Select- man Caponigro moved to grant permission for this connection. Seconded * by Selectman Colella, voted 5 -0. Sewer Connection: for corner lot at West and South Walnut Streets, owner, William W. Reed. Motion to approve by Selectman Clemmey, seconded * by Selectman DeLong, voted 4 -0, with Selectman Caponigro abstaining. Sewer Connection: for 69 Fruit Street, owner Paul A. Westlund. It was noted that this would be connected through Spruce Acres subdivision, by an agreement with that developer. Selectman Clemmey moved to approve this subject to the condition that should the town extend sewerage down Fruit Street in the future, that the property owner would be assessed for sewerage according to his frontage. Seconded by Selectman Caponigro, voted 5 -0. Sewer Connection: Fireside Realty Trust for Lot 4, House Number 76, on Branch Street. It was noted that the other lots in this development had been approved for connection. Selectman Caponigro moved to approve the sewer connection for 76 Branch Street. Seconded by Selectman DeLong, voted 5 -0. * ** Town Treasurer Joan Cutillo met with the Board to review bids for the Dustin Well and school issue. She noted that the low bid was 5.7 %, and that the award had been to a combination of three. Selectman Clemmey moved that the Board approve the sale of the following 5.70 per cent bonds of the town dated April 15, 1977, $550,000 School bonds (nos. 1 to 110) payable April 15, $40,000 in 1978 to 1989 and $35,000 in 1990 and 1991; $430,000 Water Bonds (nos. 1 to 86) payable April 15, $35,000 in 1978 to 1985 and $30,000 in 1986 to 1990, to Bache Halsey Stuart Inc, Moseley Hallgarten and Estabrook, Worcester County National Bank, at 100.251, and accrued interest is hereby confirmed. Seconded by Selectman DeLong, voted 5 -0. The Board also signed Authorization to use facsimile signa- tures on the bonds, "no litigation" certificate, and arbitrage certificates. * ** D.P.U. Report for calendar year 1976. Selectman Clemmey moved that the Board file the report as prepared by the Light Department. Seconded by * Selectman Caponigro, voted 5 -0. ( *- MOTIONS PASSED) -3- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 4 At 8:15 p.m. there was a Hearing on the formal complaint against a dog owned by William Gordon, 53 East Street. The complaint signed by Mrs. Robert Button was read. Also read was the petition signed by several of the neighbors asking that the dog be destroyed. The dog officer's report on the complaint was read. Also read were two complaints from the police log from September 17, 1976, regarding call from Robert Button about a dog running loose and biting a girl he did not know. The log indicated that the dog, Mr. Button believed, was owned by the Gordon family of 53 East Street. A patrolman investigated, and reported that the Gordons say it is not their dog. The second complaint was that the Buttons' son had been bitten by the same dog as last time. Mrs. William Gordon, owner of the dog, told the Board that her dog did not bite the Buttons' son Scott. Dog Officer Jocelyn Rosado told the Board that he had not heard of the com- plaint until last week when the formal complaint was filed. Since then, he has observed the dog daily. He said that he spoke to the dog's owner, and that he has not personally seen the animal loose. Mrs. Gordon said that the dog does bark when the children cut through her yard. Selectman DeLong asked Mrs. Gordon if it was established that on the first complaint, was this her dog. Mrs. Gordon said it was not. The Dog Officer noted that he would have gotten a report on the dog bite, but did not. Robert Button, 63 East Street, complainant, noted that he had called the Police Station on 3 occasions. He said that one time a child on the way to Memorial Park was bitten, the skin was in fact broken, but the child would not give his name or wait for assistance. He noted that another time the dog chased two girls on bicycles, and that he had gone out to chase the dog away with a baseball bat. Again, the girls would not give their names. Mr. Button told the Board that the dog chased his son Scott on his bicycle on March 12, and that he had to climb up onto the truck in the Buttons' driveway to get away from the dog. Mr. Button noted that the dog tore the boy's pants, but did not break the skin. Other neighbors speaking against the do (identified by Mrs. Gordon as "Timmy, part shepard and part retriever were: Norman Boudreau, Linden Street; Eugene Fournier, Webb Place; Barbara Rose, 9 Branch Street; Roberta Bachman, 5 Branch Street; Debra Boudreau, 25 Linden Street. Mrs. Gordon's upstairs neighbor, Geraldine Smith, told the Board that the dog was chained in the yard, and was generally kept in the house in ( *- MOTIONS PASSED) -4- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 5 the wintertime. She said that the dog was very good with children. John Gross, 140 Tremont Street, asked if children were supposedly bitten, why were there no records of this. Mr. Button said that since the skin was not broken in ;:the instance where his son had been chased, he had not taken him to he doctor. He said when the other children were attacked, they would not give their names. Selectman Caponigro said that he would also consider barking to be a nuisance factor, but questioned the lack of reports on dog bites. Selectman Clemmey said that there seemed to be some validity to the com- plaints, that the dog should not be a nuisance to neighbors. Selectman Colella questioned the dog officer on what he had found when he visited the Gordon residence, and what his opinion of the dog was. Mr. Rosado said that he had not been observing the animal long enough: to determine for sure the dog's disposition. There was further discussion, and Selectman Clemmey moved to take this complaint under advisement for a week, and that action would be taken at next week's Selectmen's meeting. Seconded by Selectman Caponigro, * voted 5 -0. The Chairman noted that this would be discussed between 8 and 8:15 p.m. next week and that the Board would look at the dog at 8 a.m. the next morning. * ** Shierini Amici introduced Mrs. Monti from the Monti Granite Company of Quincy to the Board to discuss the proposed honor roll. Town Counsel's opinion that this item would have to be bid was discussed, and the mem- bers of the Board discussed drawing up specifications. This was taken under advisement for a week. Selectman Colella questioned the number of commuters boarding at the Mans- field station, and how many were residents. It was noted that the Planning Director had this information from his survey, and it would be checked. Chairman Titus noted that he had received another call from a Jewell Street woman next to the entrance to the Attleboro Waterworks about cars parking there. The Town Manager was to have checked with the Attleboro DPW about blocking the entrance. If Attleboro won't do this, the Town of Mansfield should put boulders so that cars cannot get in. This item will be followed up. Selectman Caponigro discussed the common gardening area proposal. He moved to send a letter to the Conservation Commission and ask them to prepare an ( *- MOTIONS PASSED) -5- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 6 * area as soon as possible. Seconded by Selectman DeLong, voted 5 -0. * ** Ronald Bonvie of Ware Street met with the Board about a culvert he installed with the Town's permission near 650 Ware Street. He noted he replaced the 12" existing culvert with an 18" culvert, and that it was at the same invert. The Conservation Commission will be informed of this. Review of Articles fo SPECIAL TOWN MEETING Article 1 Article 2 SPECIAL TOWN MEETING * ** Special and Annual Town Meetings APRIL 4 (Hutchason) - All in favor (MBTA through June 30) - 3 -2 ;,.to:suppor;t ;, DeLong and Colella, no) APRIL 5 Article 1 - (Zoning - piggeries) 4 -1 Opposed (Board will oppose article, Selectman Colella in favor.) Article 2 - (Sign, Bicentennial Court) - 5 -0 to support. Article 3 - ($1,400 judgement) 5 -0 to support. Article 4 - (Library funds) 5 -0 to support (Selectman Clem - mey noted amendment - "or new building ") Article 5 - (Zoning- Variances) 4 -1 not to support, Selectman Colella in favor of article Article 6 - (Railroad parking restriction) 3 -2 not to support, Selectmen Caponigro and Colella in favor of article. Article 7 - (Ware Street rezoning) - No vote - Planning Board holding public hearing on this tonight. ANNUAL TOWN MEETING - April 4 Articles 3 - 12 All in favor Article 13 (MBTA after June 30) 5 -0 not to support article Articles 14, 15, and 16 - All in favor Article 17 (Planning Board Engineering money) - Table, refer to Article 2 ( *MOTIONS PASSED) ,. BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes Of the Meeting March 30, 1977 Page 7 Article 18 (lights at Rt. 106 /Franklin St.) - 4 -1 to support, Selectman DeLong opposed. Article 19 (lights at West St. /Copeland Drive) - 3 -2 not to support, Selectmen Colella -and Caponigro opposed. Article 20 (lights at 106 /No. Main) - 4 -1 not to support, Selectman Colella opposed to vote. Article 21 (WW II Scholarship) - 5 -0 to support Article 22 (Gypsy Moths) 4 -1 not to support, Selectman Colella in favor of article Article 23 (Unpaid bills) - No action required Article 24 (to accept Town Hall) - 4 -1 to support (Select- man DeLong opposed Article 25 (Police Station Security) - waiting for figure Article 26 (Public Liability Insurance) - 4 -1 to support, Selectman Caponigro opposed Article 27 (Sweet Property) - 5 -0 not to support Article 28 (Great Woods) - 5 -0 not to support Article 29 (Great Woods) - 5 -0 not to support Article 30 (Revaluation) - 4 -1 not to support, Selectman DeLong in favor of article Article 31 (High School track area) 5 -0 not to support Articles 32, 33, and 34 - 5 -0 to support Article 35 (land for watershed) - 3 -2 to support, Selectmen DeLong and Colella opposed Article 36 (Downtown Committee report) 5 -0 to support Article 37 (Youth Council) 4 -1 not to support, Selectman Colella in favor of article Article 38 (accept portion of Forbes Blvd) 5 -0 to support Article 39, 40, and 41 (street acceptances) 5 -0 to support Artilce 42 (scenic roads) 4 -1 not to support, Selectman Colella in favor of article -7- BOARD OF SELECTMEN / LIGHT COMMISSIONERS Minutes of the Meeting March 30, 1977 Page 8 Article 43 (Computerization Committee) - 5 -0 to oppose Article 44 - Refer to Planning Board Article 45 (Garden Street) 5 -0 to oppose Articles 46, 47, 48, 49, and 50 - 5 -0 to-'support There being no further business, the Board meeting adjourned at 10:37 p.m. ■r