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HomeMy WebLinkAboutBOS MINUTES 1-7-1976BOARD OF SELECTMEN A G E N D A January 7, 1976 • Call to Order Treasurer's Warrant Minutes of the Previous Meeting Clerk's Folder • 7:30 p.m. Report on Police Department Audit • 8 P.M. - Hearing (A.S.M. Enterprises) • 8:30 p.m. - Hearing - Proposals and Alternatives for Kennel Bylaw • 9:00 p.m. - Reconvene Hearing on West Street dog complaint • - Appointments • -Set Budget Review Meetings • -Town Manager's Report Board of Selectmen Minutes of the Meeting January 7, 1976 Present: Selectmen Co�ella, DeLong, Caponigro, Levine and Titus; Town Manager Dennis A. Hannon Selectman Titus moved that the Treasurer's Warrant in the amount of $148,462.47 be paid. Seconded by Selebtman Levine, voted 5 -0. Peter Hood from the Arthur Young Company met with the Board. The Chairman stated that Mr. Hood would not be presenting the final audit at this time. Selectman Colella questioned the meeting, saying that he had not been noti- fied, and asked how the report could be given if the audit was not completed. Chairman Caponigro said that certain things in regard to the audit would be discussed, that the audit report was not being presented at this time. The Chairman asked the other Board members if they objected to the meeting. Selectman DeLong, Titus, and Levine stated that they did not object. Mr. Hood said that he needed additional direction from the Board of Select- men regarding the Police Department record audit. He said that he would like to inform the Board what has been done so far in the audit, and what needs to be done. He said that his firm has been asked to review Police Department records and other town records regarding vacation and sick leave for Sergeant Edward Sliney. Mr. Hood stated that Sergeant Sliney kept the Police Department payroll records. Mr. Hood then asked the Board of Selectmen if they wanted to accept, the facts as summarized thus far or if they wanted to have the firm continue the work by talking to the Chief and Sergeant Sliney and then making a con- clusion to be part of the report from the audit firm. Selectman Levine stated that the people should be brought up to date on the subject, as the discussion was about items which until now was only familiar to the Board members. He said the reason for the audit should be given. The Chairman summarized the background information: he said that information had been provided to the Town Manager showing discrepancies between the time entered in Police Department payroll records and in the Town Treasurer's payroll records regarding vacation time. After three emergency meetings, the Board of Selectmen directed the Town Manager to hire an auditor to come in and audit the payroll records for the Police Department. The Chairman explained that part of the issue was the working of extra hours and then taking compensory time off rather than being paid for the time. Mr. Hood stated that there were discrepancies, and that the meeting was now needed to reconcile or try to reconcile those discrepancies. He said that perhaps there was an explanation or some other informal record not yet seen that might help to clear the matter up. Board members agreed to such a meeting, to include the Town Manager, auditors, Chief D'Afile, Sergeant Sliney, one member of the Police Association, and Selectmen. The Town Manager stated that this would be an administrative meet- ting rather than a meeting of the Board. The meeting will be at 4 p.m. on January 8, 1976. Mr. Hood said that a report could be finalized within a day or two of the meeting. -1- Board of Selectmen Minutes of the Meeting January 7, 1976 Page 2 At 8 p.m. there was a hearing on the applicaton of A.S.M. Enterprises for an additional 26,000 gallons storage for the present 18,000 gallon - tank located between County Street and the railroad on land leased from Penn Central. A representative of A.S.M. told the Board that the pre- sent tank would be expanded in size, and the material to be stored was a liquid mapp gas, similar to acetylene. The Board discussed assessment and payment of taxes by Penn Central, The hearing was closed, and Select- man Levine moved that this be tabled until next week and that the Board get a policy clarification on assessments to Penn Central before the vote on the approval. Seconded by Selectman DeLong, voted 5 -0. Selectman Colella moved that the minutes of the previous meeting be ap- proved as submitted. Seconded by Selectman Titus, voted 5 -0. Application for renewal of a Class II license for Vincent Motor Sales, North Main Street, was received. This will be tabled until next week when applicant can answer some questions for the Board. Correspondence was received: memo from James Hall, Light Director, re- garding increase in the contract demand rate from NEPCO; from State Representative Ted Aleixo, Jr. regarding a meeting with the Governor on January 12, 1976, at 3:30 p.m. regarding the extension of Route 495; notification to the Board of Selectmen from John Riccio that he was with- drawing his application for reappointment to the Finance Committee; letter of resignation from Edward F. Carl from the Industrial Development Financing Authority; letter of resignation from Gerald Najjar from the Finance'- Commit- tee. The Board will send letters of thanks to these former committee members for their work. Also received: from the State DP4t, letter regarding local road mileage on accepted roads in town; the Report of the Building Inspector on construction for the month of December, 1975; approval for the test well sites near the existing Witch Pond well pumping station and the Highway Garage for prolonged pumping tests; correspondence from the Sharon Board of Selectmen '. regarding the Midlands Branch of the Penn Central railroad; from Bristol County, corres- pondence regarding the Retirement fund warrant, which totals $1759890 for the Towm of Mansfield; application of Michael J. Murphy, 65 Old Farm Road for the Finance Committee; notice from the Department of Corporations and Taxation that the bond amounts for the Town Treasurer and Tax Collector and the Town Clerk had increased. At 8 :30 p.m, the Board of Selectmen held a public hearing on proposals and alternatives for kennel regulation. The Chairman discussed the existing regulations and laws of the Town and the County, and the Clerk of the Board read a memorandum from the Planning Director with comments on kennel licenses now issued, fees, and considerations for kennel standards and restrictions. Jerome Wiezorek, 66 Jewell Street, kennel owner: stated that kennel owners were being discriminated against because there were no restrictions for keeping other kinds,of animals in an agricultural zone. He commented on the standards that kennel owners now have for themselves, saying that Mans- field has some fine, clean kennels in town. He commented that he thought -2- Board of Selectmen January 79 1976 Minutes of the Meeting Page 3 it would be unfair to put a bylaw restricting this type of agricultural businesson the books. The Chairman said that dog complaints were received by the Board more than other animal complaints. Calleen Gross, 140 Tremont.Street, owner of Mikcal Kennel: commented that kennels are not the total dog problem, and that loose dogs comprise a big part of the problem. She said that the leash law could not be enforced by a part -time dog officer, and suggested that a study committee be set up to study all the facets of the problem. She felt that the 8 people with kennel licenses (for 10 dogs or more) were being discriminated against. Ms. Gross said that the leash law was not working, that loose dogs were causing disturbances. An unidentified man pointed out that the thoroughbred dogs were not the ones being picked up by the dog officer, but the stray ones. John Gross, 140 Tremont Street, stated that a >. full -time dog officer was needed to enforce the leash law. He also discussed protection for existing kennel licenses if a new bylaw were adopted. Jocelyn Rosado, Dog Officer for the Torn, said that he gets only a small amount of complaints on kennels, that most of the complaints are for loose or barking dogs. The hearing was closed, and the Board will take the comments and suggestions under advisement. At 9:00 p.m. the hearing on the barking dog belonging to Craig Pearl, 248 West Street, was reconvened. The Chairman said that other complaints had been received, so the hearing had been reopened. Neither of the complain- ing parties was present. Mr. Caponigro said he had been told that Miss Parsons was in Florida, and that Mr. Phillips could not attend on the ad- vice of his doctor, as he had a heart problem. Mr. Pearl commented that he did not see why Mr. Phillips could not show up when he was able to go to work every day. Since the September 17 hearing, there have been two dates on which complaints were received: October 10, and two times on December 28. These complaints were received at the Police Station, and the Dog Officer and the Board have not received any further complaints. Mr. Pearl stated that in four months, only two complaints had been received, and he did not think the dog should be ordered to be removed. The Chairman said that he had talked to Mr. Phillips and presumed that this was a legiti- mate complaint. Mr. Pearl stated that his dog is tied up in the yard, and loose dogs running through the neighborhood cause his dog to bark. He also stated that he does put the dog in the house whenever he is array from home. After further discussion, Selectman DeLong moved that the dog be re- moved within seven days. This motion received no second. Selectman Titus suggested that the dog be put in the house for the night at a reasonable time. Mr. Titus moved that the situation be left as is, on a "trial basis," for two more weeks, and that the dog be put inside the house between 11 p.m. and 7 a.m., and that the dog be put inside the house when the Pearls were not at home. Selectman Levine seconded the motion, and it was voted 5 -0. -3- Board of Selectmen Minutes of the Meeting January 7, 1976 ( Page 4 The Chairman also asked Mr. Pearl if he would, as a gesture of goodwill to the neighbors, remove "junk" cars parked in front of his house. Regarding another dog complaint, the Dog Officer reported that Mr. Edward Johnson of 31 Tremont Street has not been following the Board's recommenda- tions. He said that Mr. Johnson does not at this time have a kennel license, and would recommend against the issuance of one. A letter will be sent to Mr. Johnson, and this will be put on the agenda. Letter received from the Governor regarding the Massachusetts Growth Develop- ment Act. This will be brought up next week. Other correspondence received letter from the Office of the Secretary of the Commonwealth regarding appointment of a member of local historical commission to the growth policy committee; from the State DPW regarding bridges on Elm, Gilbert, and School Streets; from HUD - guidelines for employers; from SRPEAD regarding Mansfie]_d's representatives to that organization; application for reappointment to constable from Bertram Cook; copy of the Planning Board's letter to the Building Inspector regarding lots on King Street; from the Plant Manager of Owens Illinois regarding anti - bottle legislation. The Clerk of the Board read the resolution enclosed with the Owens Illinois letter. The resolution from the Milford Board of Selectmen regarding the vote taken by the Massachusetts Selectmen's Association in 1974 was discussed. Selectman DeLong moved that the Mansfield Board of Selectmen support the Mil- ford resolution and send a letter to the M.S.A. and the plant manager at 0 -I. Seconded by Selectman Levine, voted 5 -0. Appointments to Boards and Committees: Prior to the appointments, there was 'discussion by the Board members. Select- man DeLong suggested that prior to the appointments, the chairmen of each board be consulted concerning the performance of those members up for reappoint- ment. Selectman Titus suggested that the Board of Selectmen discuss the appoint- ments before making them. The Chairman said that any discussion should be done on an individual basis, The Clerk read the list of names eligible for each com- mittee, and a role call vote was taken on each term. Airport Commission - List of applicants: Lawrence R. Pigeon, Ronald Muise (the first two applicants are for - reappointment), Dr. Kenneth Torman, David F. Canty. Two vacancies, terms until 1979. First vote: Ronald Muise, 4 -0, with Select- man Titus recorded as present, not voting. (Selectman Titus said that he would not vote because he thought these appointments should be discussed prior to the voting.) Second vote: Lawrence Pigeon 4 -0, with Selectman Titus present, not voting. Building and Housing Code Committee - list of applicants: Bruce.Fleischmann for reappointment, Alexander McEwan (John Gross pointed out that Mr. MCEwan is no longer a resident of Mansfield). Two terms, until January 1, 1979. First (, vote: Bruce Fleischmann, 4 -0, Selectman Titus present, not voting. No vote on second term - vacancy to be filled. -4- Board of Selectmen Minutes of the Meeting January 7, 1976 Page 5 * Board of Assessors - list of applicants: Delores Benson, Alfred Turinese for reappointment. One term until 1979. First vote: 4-0, Selectman Titus not voting, for Alfred Turinese. * Board of Appeals - list of applicants: Karl D. Clemmey, Leo Costanza, Delores Benson, Norman Mahana, John Crescitelli (reappointment), George Wojtkiewicz (reappointment), Eric Butler (reappointment), Charles Antonuccio, Americo P. Day. Two terms until 1979, one associate term until 1979• First vote: Americo P. Day, 3 -1 -0, with Selectman Levine voting for Eric Butler, and Selectman Titus present, not voting. Second vote: Selectmen DeLong and Levine voting for John Crescetelli, and Colella and Caponigro voting for George Wojtkiewicz, 2 -2 -0, with Selectman Titus present, not voting. Third vote: George Wojtkiewicz, 3 -1 -0, with Selectman Levine voting for John Crescetelli, and Selectman Titus present, not voting. On the fourth vote, for the associate membership until January 1, 1979, John Crescetelli, 4 -0, with Selectman Titus present, not voting. At this point'in the meeting, John Gross of 140 Tremont Street ,questioned the list of applicants, stating that he had applied for this committee "a couple of years ago" and his name did not appear now on the list. Board members answered that the list is updated annually. Board of Health - list of applicants: Dr. Kenneth Torman, John Gross, Calleen Gross, Edward C. Donahue, Richard Sherman, Peter John Fontanini, Leonard F. Flynn, George Young, Francis Jones, David Clemmey (for reappoint - ment) and Karl Clemmey (for reappointment). Two terms, one until January 1, 1979 and one until January 1, 1978. First vote: Karl Clemmey (January 1, 197$ ) 4 -0, with Selectman Titus present, not voting. Second vote: David Clemmey, (January 1, 1979) 4-0, with Selectman Titus present, not voting. Conservation Commission - list of applicants: Leon C. Grant, Gail Turks, Barbara Frost, Calleen Gross, Leonard F. Flynn, Karen Rafferty, Doris Webb, Elaine C. Trench, Joyce T. Orton, Von 41. Orton, Robert Charles Lesuer, Jane Sheehan (for reappointment) and Paul F. Boyden (for reappointment). Two terms, until 1980. First vote: Doris Webb, 4 -0, with Selectman Titus present, not voting. Second vote: Paul F. Boyden, 4 -0, with Selectman Titus present, not voting. *.Council on Aging - list of applicants: Dr. Kenneth Torman, Gertrude Hoffeman, Sohn R. Krauth, Marie Connor, Laura Chapman (for reappointment), Harry Nord - berg, Doreen Mulcahy (reappointment), and Linda Martinelli. Two terms, until 1979. First vote:2 -2 -0, with Selectmen DeLong and Caponigro voting for Laura Chapman and Selectmen Colella and Levine voting for Linda Martinelli. Second vote: Doreen Mulcahy 4 -0, with Selectman Titus present, not voting. Third vote: Linda Martinelli, 3 -1 -0, with Selectman DeLong voting for Laura Chapman, and Selectman Titus present, not voting. 4 * Finance Committee - list of applicants: Dr. Kenneth Torman, Terrence Kennedy, Calleen Gross, John Gross, Michael Murphy, and Robert Powers for reappointment. It was noted that John H. Riccio has withdrawn his application for reappointment. First vote: Robert Powers. 4 -0, with Selectman Titus not voting. The term expires January 19 1979• -5- Board of Selectmen Minutes of the Meeting January 7, 1976 Page 6 It was noted that there was still one term to be filled, and that Gerald Najjar's resignation created a second vacancy, which should be filled by a joint meeting. * Industrial Development Financing Authority - list of applicants: Eugene Farrell for reappointment. One term until 1981. First vote: Eugene Farrell !_0, with Selectman Titus present, not voting. * Library Trustees - List of applicants: Clarence H. Morse, Dr. Richard Sheehan for reappointment. One term until 1979. First vote: 2 -2 -0 with Selectmen DeLong and Colella voting for Dr. Sheehan and Selectmen Caponigro and Levine voting for Clarence Morse, Selectman Titus present, not voting. Second vote: Clarence Morse 4 -0, with Selectman Titus present, not voting. Munici al Building Committee - list of applicants: Robert Saquet (reappoint- ment , Norman Com Paulsen reappointment), and Leo Costanza. Terms until 1981, 1979, and 1978. First vote: for the 1981 term, Robert Saquet -0, with Selectman Titus present, not voting. Second vote: for the 1979 term, Norman Paulsen, 4 -0 with Selectman Titus present, not voting. Selectman Colella nominated Leo Costanza, then Charles Antonuccio, but received no second on the name of Leo Costanza, and one vote for Mr. Antonuccio from Chairman Caponigro. ( Planning Board - list of applicants: Calleen Gross, John Gross, Leo Costanza, Elaine C. Trench, Richard C. Sherman, Paul C. DeAvilla, Robert Charles Lesuer, Gerard Dupont, Blanch Pantaleon, Delores Benson, Kenneth Parsons (for reappoint- ment). Two terms to expire January 1, 1981. First vote: Kenneth Parsons 4 -0 with Selectman Titus present, not voting. Second vote: Selectman Colella voted for Leo Costanza, Selectman Levine voted for Delores Benson, no vote for Selectmen DeLong or Caponigro, and Selectman Titus present, not voting. Mr. Colella also nominated Richard Sherman but there were no other votes. One term remains to be filled. At this point Leonard Flynn of Jewell Street commented that his name had "mysteriously disappeared" from the list of applicants for some committees. Doris Webb of Fruit Street questioned whether the list of applicants had been posted as called for in the amendment to Section 5 of the Town Charter. She questioned the legality of the appointments. Selectman Levine stated that if the appointments were thought to be not legal, then a citizen would have the right of appeal, under the Town Charter. Recreation Commission - list of applicants: Karl D. Clemmey, Robert J. Paza, Thomas R. Hindman, Jeffrey B. Long, John H. McNair (reappointment) and Edgar Vernon, Jr. (reappointment). First vote: John McNair, -0, with Selectman Titus present, not voting (this term until January 1, 1979. Second vote: Edgar P. Vernon, Jr. 4 -0, with Selectman Titus present, not voting (this term also until January 1, 1979). i, * Registrars of Voters - List of applicants: Allan Johnson, Carleton Davis, Barbara Tarsa (reappointment) and Hazel Maxwell (reappointment). Two terms until 1979. First vote: Hazel Maxwell 4 -0, with Selectman Titus present, M Board of Selectmen Minutes of the Meeting January 7, 1976 Page 7 not voting. Second vote: Barbara Tarsa, 4 -0, with Selectman Titus present, not voting. World War II Scholarship Fund Committee - list of applicants: Lois Findlen for reappointment. First vote: Lois Findlen'�4 0, with Selectman Titus pre- sent, not voting, term to expire January 1, 19tS1. * Constables (one -year terms) - list of applicants: for reappointment, the following names - W. George Cruser, Patricia C. Grant, Leon C. Grant, Joseph Richard Lambos, Jocelyn Rosado, and Bertram Cook. First vote: W. George Cruser, 4 -0, with Selectman Titus present, not voting. Second vote: Leon C. Grant, 4-,0, with Selectman Titus present, not voting. Third vote: Patricia C. Grant -0, with Selectman Titus present, not voting. Fourth vote: Jocel Rosado -0, with Selectman Titus present, not voting. Fifth vote: Bert -0, with Selectman Titus present, not voting. Sixth vote: special constable to Maple Park, Joseph Richard Lambos, 4 -0, with Selectman Titus present, not voting. The Bylaw Study Committee and the History Committee will be discussed next week. The Town Manager discussed a street light request for a building on School Street. No action was taken. Mr. Hannon also reviewed with the Board members a letter to be sent to Whitman and Howard, engineering consultants, regarding engineering fees for recent work done for Dustin Well. The SRPEDD assessment for the fiscal year 1976 -77 is $1,867.05. Selectman Levine moved that this be approved and forwarded to the Assessors. Seconded by Selectman Titus, voted 5 -0. The Town's application for Community Development funds was discussed. Mr. Hannon noted that the two priorities had been Back Bay Brook and the Norton Grove area. He said that since Norton will not be voting street acceptances in the Grove area ,for -a year, he would recommend proceeding with the Back Bay Brook project. The Town Manager also recommended that the Board approve a library aide posi- tion from CETA. This was discussed, and the Board gave's its approval, Mr. Raymond Goddard of Were Street met with the Board to discuss a neighbor- hood problem. Mr. Goddard stated that he had been trying to get a report from the Dog Officer regarding the investigation of a complaint. The Town Manager said that he advised Mr. Rosado and Mr. Goddard that the dog officer can only be concerned with the dog problem, and that the situation might in- volve certain civil matters. Mr. Rosado said that he had not prepared the report as yet because he wanted direction from the Board on what was to be in- cluded in the report. The Chairman advised Mr. Rosado,to prepare a report on -7- Board of Selectmen Minutes of the Meeting January 7, 1976 Page 8 the complaint with regard to the dog complaint only. Motion to adjourn by Selectman Titus at 11:30 p.m. Seconded by Selectman Levine, so voted. mail