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HomeMy WebLinkAboutBOS MINUTES 10-27-1976BOARD OF SELECTMEN A G E N D A October 27, 1976 • 7:30 p.m. - Call to Order Treasurer's Warrant Minutes of the Previous Meeting Correspondence • 7:45 p.m. - Mrs. Plonowski re dog hearing of 10/20/76 • 8:00 p.m. - Hearing: Regional Sewer Facilities Plan • - Town Manager's Report • - Board Reports • - Adjournment Board of Selectmen Minutes of the Meeting October 27, 1976 Present: Selectmen DeLong, Caponigro, Colella, and Titus; Town Manager Hannon (Selectman Clemmey out of town on business) Chairman Colella opened the meeting at 7 :30 p.m. The Treasurer's Warrant totalled $587,707.33 Selectman Titus moved to ap- prove, seconded by Selectman DeLong, voted 3 -0 (Selectman Caponigro not yet present. Selectman Titus moved that the minutes of the previous week be approved. * Seconded by Selectman DeLong, voted 3 -0 (Selectman Caponigro not yet pre- sent). A recess of the meeting was called, and Selectman Titus left for a speak- ing engagement. The meeting reopened at 7:35 p.m. Present: Selectmen DeLong, Caponigro, and Colella; Town Manager Hannon. Correspondence was read: Letter from Janice Goins opposing merger of Attleboro - Taunton areas under Department of Mental Health. Copy of letter of resignation from Water and Sewer Superintendent William Cahoon. The Board will send a letter of thanks to Mr. Cahoon for his ser- vice to the town. Letter from School Transportation Consultants advising that they do not have the equipment necessary for local bus service (request from Board). Notice that the Board of Appeals has scheduled the hearing for the storage of school buses behind the highway garage for November 4, 1976, at 7:40 p.m. Letter from Consolidated Rail Corporation stating that they would forward the Board's letter reporting a fence down along the tracks near Angell Street to the Division Engineer. Report on the vandalism at Maple Park,and at the junction of Williamsrarid Jewell Streets on October 20, which caused the power outage. Received from the Department of Public Utilities, notice of hearing on Peti- tion of MMWEC (re bonds) to be held on November 19, 1976, at 10 a.m. at the State Office Building, 100 Cambridge Street, Boston, Massachusetts. Copy of the Building Inspector's letter to Robert Chavaree regarding re- moval of earth in connection with Cabot Pond restoration. The Town Manager noted that this is the Building Inspector's letter of intent to issue the permit. Notice of the pre- budget hearing to be held on November 3 at 8 p.m. (* - Motions passed) -1- Board of Selectmen Minutes of the Meeting October 27, 1976 Page 2 At 7:45 p.m. Mr. and Mrs. Plonowski of 37 West Street met with the Board to discuss last week's Order issued against their dogs. Also present were Mr. and Mrs. DeTrolio of 92 Rumford Avenue, who had issued the com- plaint. Air. Plonowski stated that he was very disappointed with the Board; that he had not been notified last week of his right of appeal or of the fact that he:could have posted a $200 bond. The Town Manager stated that from past contact with Town Counsel on such matters, that the Board has acted correctly and legally, and also that Mrs. Plonowski was given a copy of the laws regarding this and about the appeal process when she cameback into the meeting after the hearing last week. He said that the Board had acted under a different section of the law than that which allowed the $200 bond to be posted, and that every requirement had been met. Selectman Caponigro told Mr. Plonowski that after he (Plonowski) had left the meeting last week, the Board had given his wife a copy of the law and explained the appeal process to her. Selectman DeLong asked Mr. Plonowski if he has appealed this. Mr. Plonow- ski answered "no ", that the whole thing seemed . so ridiculous to him and could not see "dragging the thing out ". Selectman Caponigro told them that the Board had acted under Section 157 rather than under Section 160, and read that section to them. He said the only thing was that the DeTrolios were not under oath. The Town Manager pointed out to the Board that the official complaint form stated that "this complaint is made under penalties of perjury ", and that he interpreted that to cover the law. Mr. Plonowski asked that the Board act under the other section of the law dealing with the killing of fowl. Mr. Plonowski said that if he knew he had to appeal this, he would have come with a lawyer. It was again pointed out that his wife had been told this last week when the Order was voted. Mrs. Plonowski asked if the Board would consider allowing the dogs to be under bond rather than disposed of. Selectman Caponigro said that it would take a vote of the Board to do that. The Board asked Mr. and Mrs. DeTrolio, the complainants, if they still felt the same way, or mould they give the dogs another chance. Selectman Caponigro said that he had talked to the DeTrolios, and that they still felt the same, they were concerned that the dogs might injure their children, and wanted to know who would be responsible then. Mr. Plonowski said that the dogs' owners are responsible, and that the dogs would not get out. He said that the dogs were friendly and do not bite people. -2- Board of Selectmen Minutes of the Meeting October 27, 1976 Page 3 Mrs. Plonowski said that the dogs have only been out three times, and she would not call the dogs loose or wild if they are being pursued by their owners. She said that now the only time they are loose is when they are being brought out to the cage from the house, and that they are taken out one at `a time now. She said that they cannot get loose without her knowing. Mr. DeTrolio said that the dogs have been loose three times now, and did not want his children to get hurt. Mrs. Plonowski said that from the time of the duck incident, that the dogs have not been loose without her knowing it and being right behind them. Chairman Colella asked the DeTrolios if they have changed their minds about the dogs. Airs. DeTrolio said "no ". She said that her children play in- -.the yard, and that the dogs might be.fine otherwise, but was concerned that the dogs would come after the ducks again, and the children might try to stop the dogs. She pointed out again that her yard was fenced in. r Mr. flonowski asked if Mrs. DeTrolio could be put under oath. Mrs. DeTrolio said that she was telling the truth, and that this could be verified by talking to the dog officer. She said that she would swear to this under oath. Chairman Colella asked the Board members present if they wanted to change their vote.of October 20 to have the dogs disposed of or taken out of town. Selectman Deiong said that he would not change his vote. Select- man Caponigro said that he would let that vote stand. Chairman Colella told the Plonowskis that the consensus of the Board was to let the vote stand, that they have 10 days from the receipt of the Order to dispose of the dogs. The Board held a public hearing on the Regional Sewer Facilities Planning. A separate transcript will be prepared. The Town Manager reviewed the bids received on the new electric department van. He said that the prices were close, and it would have to be decided whether it was worth keeping the old van for another department's use, or \' to trade the, vehicle in. After discussion, it was decided to hold on this, so that the Selectmen could look at the vehicle. The Town.Manager discussed the applicaticnform to be sent in regarding the Civil Service test for Fire Chief. He told that there were two ways of giving the test: statewide, and a competitive examination for the men of Mansfield's department. He said that he felt it was best to give the com- petitive exam within the town department first, and if there was not enough interest or qualified candidates, then the other route could be taken. -3- Board of Selectmen'. j� Minutes Of the Meeting October 27, 1976 Page 4 He continued that the Town Manager is the appointing authority and that he intended to check out all applicants thoroughly. Chairman Colella expressed the opinion that he personally wanted to check out the applicants and be a part of the interview process. The Town Manager discussed setting a wage for this chief's position. When the incumbent Chief Bellavance retires, the state law covering the Position would no longer apply to the wage rate. This will be discussed by the full Board. The Town Manager and Board discussed the appointment to the MMWEC advisory council. There would be a maximum of 2 meetings per year. Selectman Caponigro moved to appoint Selectman Robert DeLong to this position. The Chairman passed the gavel and seconded the motion. Voted 2 -0, Selectman * DeLong abstaining. Other resignations or retirements were discussed. The Town Manager said that Harold Jackson, the Gas Inspector, would not be returning to his position. The Plumbing Inspector, Charles Jones, is also sick, and it is not known if he will be retiring. Also discussed was a plaque to be ` presented to people working for the town in any capacity for,.a certain number of years. This will be discussed by the full Board. The Fairfield Optical buildings were discussed. It was recommended to put a smoke detector into the buildings rather than hook up the sprinkler system again and have to keep the building heated. The smaller building is already being used for storage of some recreation equipment and supplies, but the use for the main building will have to be decided. The Town Manager said that the Gas Company wanted permission to install a gas main on Branch Street. It was noted that no public hearing was required by law, but the Board will have one as a courtesy for neighbors. The hear- ing was set for November 17 at 8 p.m. Selectman Caponigro discussed the fact that someone from Foxboro was setting up a disposal area in that town, and that there has been discussion about routing the traffic to the site through Mansfield. The Town Manager said that he has had the Building Inspector keeping an eye on that situation. A letter will be sent in this regard. At 10:30 p.m. Selectman Caponigro moved to adjourn. Seconded by Selectman DeLong,- and voted 3 -0.