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HomeMy WebLinkAboutBOS MINUTES 3-10-1976BOARD OF SELECTMEN A G E N D A March 10, 1976 Call to Order o Treasurer's Warrant, Minutes of the Previous Meeting Correspondence Clerk's Folder M.C. Wardner - application for Class II So. Main St. Shell - Edward L. Holmberg - application for an auctioneer's license Note - Mansfield Liquor Mart hearing will be held on March 24 rather than March 17 0 7 :30 Finance Committee e 8:30 Jaycees re Annual Clean up 0 8 :35 Caroline Ryan - Youth Council o 8:45 Hearing on Cardinal Dog complaint (665 East St.) 0 9:00 Joint Appointment for Associate Member for Board of Appeals 0 `9 :10 Hearing on Brown Dog Complaint ( 45 Union St.)1 0 9:25 Chief of Police re VFW Liquor License 0 9:45 Light Director - Light Dept. Budget & Bucket Truck) o Town Manager's Report ( * Louis Cinelli from Recreation Commission will meet with Board at a time to be determined by the Chairman re softball lighting expense Board of Selectmen Minutes of the Meeting March 10, 1976 Present: Selectmen DeLong, Colella, Caponigro, Levine, and Titus. Town Manager Hannon was present for part of the meeting, but had to leave for another appointment. Selectman DeLong moved that the Warrant in,the amount of $294,978.09 be approved for payment. Seconded by Selectman Levine, voted 4 -0, with Selectman Colella out of the room. Before voting on the minutes of the previous meeting, Selectman DeLong pointed out on Page 3 that the Board of Selectmen last week had voted to recommend the increase for the softball lighting to the Recreation Com- mission. He then moved that the minutes of the meeting be approved. Seconded by Selectman Levine, and voted 4 -0 (Selectman Colella out of the room). Letter from the Mansfield Band Parents, Inc., inviting the Board to attend a Pot Luck Supper at the High School cafeteria at 6 p.m. on March 18 to welcome the Pequea Valley High School Band from Pennsylvania. Members of the Finance Committee met with the Board and the Town Manager to discuss preliminary budget overview. Ronald Montaquila, chairman of that committee, reviewed the estimated receipts and expenditures for the upcoming year, and said that because of the cutbacks from the State and federal revenue sharing, the Town faced a possible $1,491,447 deficit. He said that amount would mean a $24 per thousand tax increase. The Town Manager discussed deferring payments on the debt and interest for the new school additions and on Dustin Well, cutting back on certain capital im- provements, etc., which would bring the deficit down to about $900,000 - making a possible $12 per thousand tax increase. The School budget was discussed, and also possible renegotiation of employment contracts or layoffs. The Selectmen will meet next week (Tuesday evening) with the Finance Committee, School Committee, and members of the Capital Improve- ment Program Committee. Representatives of the Jaycees met again with the Board to discuss cleanup for the Town. Also meeting with them were Lois Thomas and Doris Shultz of the D.A.R. After discussion, the Chairman said that Selectman Colella would work directly with the Jaycees in coordinating this effort. Louis Cinelli of the Recreation Commission met with Board members to discuss the vote taken last week on the softball lighting issue. The Chairman ex- plained that the vote was only to recommend, and that the Commission was the proper authority and could either heed or disregard the recommendation of the Selectmen. Mr. Cinelli discussed the schedule for the playing field and the electric bills. The consensus of the majority of the Board was that the program was under Recreation Commission jurisdiction and that body should direct it as they saw fit. Mr. Colella disagreed, saying that the lights were put up so that the field would be used. Caroline Ryan and Paul Connor of the Youth Council met with the Board to dis- cuss costs for a pamphlet listing social services for youth in town. Ms. Ryan had met with the Board last week and had been directed to come back and -1- Board of Selectmen Minutes of the Meeting March 10, 1976 Page 2 present cost figures. She said that the actual cost for the type of booklet they had in mind :would be $264.67 but that the Council would ask for $300; this price would be for 3,000 copies. After discussion, Selectman Colella moved to put $300 in the budget for the booklets. The motion received no second. Selectman Levine asked that the Council put down the information on paper and he would help them look for alterna- tive printing costs. Members of the Board of Appeals met to jointly appoint with the Selectmen a member to fill the vacancy for the associate membership. The Chairman explained that the ,term would run until January 1, 1977. He explained the procedure for voting. George Wojtkiewicz, Chairman of the Appeals Board, discussed an informal arrangement whereby the Board of Selectmen used to advance the associate member to a full voting membership and then an associate member would be appointed from the "outside ". Selectman Levine then read the names of those who have applied: Karl D. Clemmey, Leo Costanza, Delore Benson, Norman Mahana, John Crescetelli, George Wojtkiewicz, Eric Butler, Charles Antonuccio, John Riccio, and William Palanza. He then moved that all the names be placed in nomina- tion. Seconded and voted. Chairman Caponigro pointed out that in order to be appointed, a person would have to have 6 votes. Votes were as follows: Charles Campbell voted for William Palanza Conley Eagan William Palanza Robert DeLong William Palanza Frank Colella ". William Palanza Americo Day " " William Palanza Antonin Caponigro "' William Palanza Herbert Levine ". " William Palanza Steve Conroy William Palanza Douglas Titus " " Delores Benson Voted 9 -1 that William Palanza be appointed an associate member of the Zoning Board of Appeals, term to expire January 1, 1977. The Chairman opened the scheduled hearing on the dog complaint received from Raymond LeBlanc against Frank Cardinal, 665 East Street, regarding a german shepard dog housed by Mr. Cardinal. Dog Officer Jocelyn Rosado was present, along with Mr. LeBlanc, his daughter, and Mr. and Mrs. Cardi- nal. Selectman Levine read the formal complaint dated December 29, 1975, which alleged that Mr. Cardinal's german shepard dog attacked Cheryl Le- Blanc while she was riding her bike and then chased her out into the road where she was almost hit by a car. (Raymond LeBlanc, 37 Davis Street, signed the complaint.) Mr. Levine read three other complaints: one by Cheryl Delaney, 60 Stearns Avenue, for a dog bite, dated July 7, 1973; one by John McCloud, 18 Bonney Lane, for being chased by the dog while on a bike, dated July 8, 1975; and a third report by the LeBlancs , re- porting the December 12, 1975, incident. A petition was also attached to the formal complaint signed by four other neighbors. -2- Board of Selectmen Minutes of the Meeting March 10, 1976 Page 3 Mr. Cardinal stated that the dog did bite the girl, but he did ask her if she was okay (the complaint stated that he had not). He said that he was now in the process of building a 16 x 8' pen for the dog, and that the animal would be chained inside of that. He said that the dog is not let out unless he is with it, and that there has been some con- fusion between his dog and another in the neighborhood; he has received phone calls about his dog being loose when the animal was inside the house with him. The Dog Officer reported that he had been out at the Cardinal residence as late as today, and that the pen is under construc- tion as Mr. Cardinal said. Selectman Levine asked if the dog was a pet or for protection. Mr. Cardinal said both. Selectman Titus asked the Dog Officer if the pen being constructed would be adequate. Mr. Rosado said that if the dog broke through'.the wire, he would insist on 1" wire. Mr. Cardinal said that the dog belonged to his son, who was in the Marines, and that when he got out of the service, he would be taking care of the dog. He said that it was possible that the son would be moving to Brookline. Selectman DeLong said that Mr. Cardinal seemed to be making every effort to confine the dog, and that he seemed to be making an honest effort, and that he would go along with giving Mr. Cardinal another chance. Selectman Titus asked Mr. Cardinal if he would agree that if the dog were found loose again, that it be removed. Mr. Cardinal said that he would agree, because the dog would be confined at all times or under his restraint. The Chairman asked Mr. LeBlanc what he would like to see done to the dog, and Mr. LeBlanc said that he would like to see the dog destroyed. The Chairman declared the hearing closed. Selectman Levine moved that the Cardinals be instructed to keep the dog within the confines of the pen as approved by the dog officer, and should the dog be found loose, that it be removed from Town immediately. By July 15, the dog should be removed from town to his son's jurisdiction. Mr. Cardinal questioned if his son chose to live in Mansfield. The Board said in that case, his son would have to come before the Board at that time. Mr. Cardinal said also that there was the possibility that his son might not get home until the last of August. Selectman Titus asked if the motion could be modified as such: that if the dog were found loose again, that it be destroyed or removed from Mans- field. Selectman Levine agreed to modify the motion thusly, and Select- man Titus seconded it. Voted 5 -0. A letter will be sent to the Cardinals confirming the motion. Mrs. Cardinal said that since there has been a problem with mistaken identity of the dog, that the dog be correctly identified before any action was taken. Chief Police D'Afile met with the Board to discuss the recent hearing on the VFW liquor license. Also present was the commander of the Post, Edward Creeden, Bar Manager Robert Marquis, and the bartender, Frank Monett. Select- man Titus removed himself from the Board table, explaining that he did not want give any appearance of conflict, as he also holds a liquor license in the town. Chief D'Afile reviewed the letter from the attorney to the Board -3- Board of Selectmen Minutes of the Meeting March 10, 1976 Page 4 which was submitted after the public hearing on February 11, 1976. The Chief said that on January 9, as a result of the hearing before the Clerk of the Courts, a complaint was issued against Mr. Monett charging him with selling alcoholic beverage to a minor (Richard Talbot). The case was con- tinued _until July 20 after Mr. Monett admitted sufficient evidence. Attorney White said that there was a difference between admitting suffi- cient evidence and pleading guilty. The Chairman asked the attorney if Mr. Monett did admit to serving the minor, as the Police Report states. Attorney White answered that Mr. Monett had not ad- mitted such in court under oath, that the case was continued for 6 months without a finding. Selectman Levine questioned who was responsible for obtaining proof of age under the A.B.C. laws. The Chief answered that it was the responsi- bility of the person serving the liquor. Mr. Levine asked if a false identification card was presented, who would be responsible. The Chief said that both the person serving the liquor, and the person presenting the false I.D. would be charged. Selectman DeLong asked the attorney if Mr. Monett did serve the liquor to the minor. Attorney White answered "not directly, no." Selectman Levine asked the Commander if the V.F.W. has changed its policy to prevent this from happening again for non - members. Mr. Creeden answered that there were signs on the wall, and Robert Marquis said that either the A.B.C. cards or a driver's license were required, or the person had to be with his parents. The Chairman referred to the Police Report which stated that Mr. Monett said he had served the beer to Richard Talbot. Robert Marquis said that Mr. Monett served Vassallotte, not Talbot. Selectman DeLong asked Mr. Monett if he had served Mr. Talbot. Mr. Monett said that Mr. Vassalotte. ordered 2 beers and must have taken one back to Mr. Talbot. Mr. Monett stated that on previous occasions, Mr. Talbot has used an I.D. card be- longing to his brother, "who could have been his twin ", and that he did serve him when that card was presented. Attorney White interjected that the Board could appreciate the small difference between an 18-year old and 17 -year old to someone not in that age group. Chief D'Afile was asked for his recommendation by the Board. He responded that he would recommend a 3 -day suspension of the V.F.W. license, due to past experience and warnings. Attorney White commented that he opposes the Chief's recommendation, and that the Police Department "had an oppor- tunity and gave it up" to lake the case to trial, and he thought it was un- fair to hamper the operations of the Post. The Chairman closed the hear- ing, and advised that the Board of Selectmen would take it under advise- ment. He said that he would like a legal opinion from the Town Counsel. Selectman DeLong moved that the V.F.W. Liquor License be suspended for three days. Selectman Levine said that he would prefer to discuss this with Town Counsel, and would not second this motion at this time. a Board of Selectmen Minutes of the Meeting March 10, 1976 Page 5 Selectman Titus re- joined the Board table. The application for the Class I,I auto license for South Main Street Shell Station was discussed. Selectman Levine had not been present when the hearing date was set, and asked Mr. Kamen several questions about the use of the license and the storage and display of cars, After discussion, Selectman Levine moved that the license be granted, with the stipulation that no more than 2 cars be on the lot at one time in connection with this license, and that no more than one car be displayed on the corner of the lot (the East Street and North Main Street corner). Seconded by Selectman Titus, voted 5 -0. Application for M.C. Wardner, Inc., 297 North Main Street, for a Class II license was read. The applicant answered questions on his proposed business, and said that there would be between 20 -30 cars on the lot. Board members questioned if this would not create more of a traffic problem on North Main Street. After further discussion, the Board Chairman explained to the ap- plicant that the Board would take this under advisement until next week and to come in around 8 p.m. next week. New application for an auctioneer's license received from Edward Holmberg, 240 Franklin Street. Mr. Holmberg explained that this occupation was his ( only livelihood, and answered other questions for the Board. Selectman Colella moved that the license be granted. Seconded by Selectman Titus, voted 5 -0. Selectman Titus again removed himself from the Board table. A new appli- cation for an automatic amusement device was brought to the Board, from Dario's Chicken House, Plain Street, Mansfield. Douglas Titus explained that this license would be for an automatic electronic hockey /tennis /rebound game. Selectman Levine moved that this be granted. Seconded by Selectman Colella, voted 4 -0. Letter of commendation from Marie Connor to the Police Department regarding a recent assault. This is to be forwarded to the Police Department. Letter from the League of Women Voters asking that the Board give.permis- sion for the League to use the Town Hall on April 22 for a panel discus- sion on the Bottle Bill. Selectman Levine moved that this be granted. Seconded by Selectman Titus, voted 5 -0. Notice of public hearing on March 31 for the following: Casa Drive, Bonney Lane, Saddle Ridge Road, Nrancis Avenue - Street Acceptances. Copy of the Town Manager's memo to the Board regarding the cost of the M.P.I. Study. From H.U.D., amendments to excerpts from Federal Management Circular 74 -7, to be forwarded to the Town Manager for his attention. Correspondence from Senator McCarthy regarding a hearing on coal deposits to be held on March 18 at the State House. -I;- Board of Selectmen Minutes of the Meeting March 10, 1976 Page 6 Letter from Information General Incorporated, a data processing company from Needham, Massachusetts. This will be forwarded to the Town Manager for his attention. Report from the Town Clerk on the FY 76 -77 Bristol County Budget. From the Division of Employment Security, proclamation for the week of March 8 as Older Workers' Week. Selectman Titus moved that this be pro- claimed in Mansfield. Seconded by Selectman Colella, voted 5 -0. Letter from H. Lincoln Paine on the Water Rate Hearing held last week. Letter received from S.R.P.E.D.D. asking that the Town of Mansfield ap- point a delegate and certify the appointment to that organization by April 21, 1976. Notices of four hearings to be held by the Zoning Board of Appeals. Notification from the Chief of Police that Park Row may be closed off on May 22 for the Operation Friendship events. Received from the Department of Community Affairs, notice that grants will be available for energy conservation projects to various communities. Selectman Levine said that he would like to see if the Town could get funds to investigate ways to conserve energy in Mansfield. This will be forwarded to the Town Manager so that he might investigate. Letter from Robert Alan, Equity Realty, Inc., regarding the request to / install individual meters at Twin Oaks Village. This was discussed, and ✓ the Board will write him a letter informing him of the Board's recent de- cision to keep the apartment buildings on the master meters. At 10:35 p.m. Selectman Titus moved for adjournment. Seconded by Select- man DeLOng, no vote taken at this time. The Chairman said that over the weekend and during the latter part of last week, there had been 12 fires along the Penn Central railroad tracks which seemed to be caused from the dirty stacks on the trains. He suggested that Mansfield write to the railroad in this regard. At 10:38 p.m. Selectman Levine moved that the Board adjourn the meeting. This was seconded by Selectman Titus, and voted. 5 -0.