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HomeMy WebLinkAboutBOS MINUTES 11-22-1976BOARD OF SELECTMEN A G E N D A November 22, 1976 • 7:30 p.m. - Call to Order Minutes of the Meeting (Nov. 17) Correspondence Clerk's Folder - Application from Denis Vachon for a Class 1 Motor Vehicle License • Jaycees regarding Hartwell School • 8:15 p.m. - Dog Hearing (Owner - James Devine) • - Town Manager's Report • - Board Reports Board of Selectmen Minutes of the Meeting November 22, 1976 Present: Selectmen DeLong, Caponigro, Colella, and Titus; Town Manager Dennis A. Hannon Meeting opened at 7:30 p.m. Selectman Titus moved that the Warrant be approved subject to the Town Manager's approval (payroll has to be added). Seconded by Selectman Caponigro, voted 4 -0. Voucher #2413 for the Electric Department from last week was also approved. Selectman DeLong moved that the minutes of the previous meeting be ap- proved. Seconded by Selectman Caponigro, voted 4 -0. Dick Veren and Mike DiSalvo of the Jaycees met with the Board regard- ing use of the Hartwell School, which the Recreation Commission has just turned back over to the Selectmen. The Jaycee representatives discussed with the Board and Town Manager possible lease or rental of the building for Jaycee use. Mr. Veren and Mr. DiSalvo questioned who would be re- sponsible for snow removal. It was pointed out that if they were to use the building, they would be responsible to plow. Also questiondd was who would be responsible for insuring the building. Mr. Hannon pointed out the liability insurance under the "Fair Plan" was about $290 per year, and the users of the building would probably have to insure the contents. There was further discussion, and the Chairman directed the Town Manager to send letters to the abutters to see if they would have any objection to the proposed use by the Jaycees. Selectman DeLong suggested that the Town Counsel be consulted to draw up some sort of legal agreement on an annual basis for this. Selectman Titus questioned if other civic organizations might be interested in this also. The Chairman said that the Jaycees can be on the agenda next week at 7:45 p.m. in this regard. Also dis- cussed was whether.a license would be needed for serving alcohol. The Chairman said that one would not be needed if it were not to be sold, only for use by the members. * * * Selectman Caponigro moved to make Selectman Titus the Acting Clerk, of the Board in Selectman Clemmey's- absence. Seconded by Selectman DeLong, voted * 4 -0. Correspondence: Copy of letter from SRPEDD to Mansfield Housing Authority. Letter from Senator McCarthy advising of the filing deadline for legisla- tion for the next session. Notice of Revenue Sharing money received - $25,000. From the Light Department Director, notice of the power outage to convert South Main Street from 4,160 volts to 13,800 volts on November 20. ( *- Motions passed) _1 - Board of Selectmen Minutes of the Meeting November 22, 1976 Page 2 Copy of letter from Recreation Director regarding appraisals necessary for Hutchason land if a federal grant is to be applied for. It was noted by the Town Manager that the existing 1972 appraisal would have to be updated and a second one would be needed. After further discus- sion, the Board decided to have the 1972 report updated at a cost of about $1,000. Letter from William Marhoffer of the State Division of Water Pollution Control regarding the inspection of the Mansfield Wastewater Treatment Facility. Certain deficiencies were noted, and the Town Manager and Board discussed corrective action to be taken. From the Board of Appeals, notice that the variance was granted for the storage of school buses behind the highway garage.... Application from Beatrice Mugford for the Council on Aging and the Board of Library Trustees. Letter from Town Counsel with a draft agreement for storage of the Seagraves pumper. Selectman Caponigro moved to approve and sign the * agreement. Seconded by Selectman Titus, voted 4 -0. Notice from Bristol County Home Care of the units of homemaker, chore, and transportation services used by the Town of Mansfield for October. Summary of bids received for the van for the light department. It was noted that Mitrano was the low bidder. Copy of the Growth Policy from Foxboro. At 8:15 p.m. there was a hearing on the complaint of David E. Loving of 109 West Street against the dog belonging to James P. Devine of 28 School Street, Mansfield. Mrs. Devine and her daughter were pre- sent, as well as Mr. Loving and the dog officer. The formal complaint was read in which it was stated by Mr. and Mrs. Loving that the Devine dog "attacked their 9 -year old daughter" and caused excessive fright, and that the dog constantly is in their yard, causing the Loving's dog to bark. In the dog officer's report, it was stated that the owners have been notified to keep the dog tied up, but apparently the dog still gets loose. Selectman Caponigro asked if the dog actually bit the girl when it al- legedly attacked her. The dog officer answered no. Mrs. Devine answered that the dog did not attack anyone; dust that it was a large dog and got loose. She said that her daughter has been trying to keep the dog tied up, but it occasionally gets loose. -2- Board of Selectmen Minutes of the Meeting November 22, 1976 Page 3 (dog hearing continued) Mr. Loving said that he had no problems with the dog itself, just that it was continually in his yard. He said that the dog jumped on his wife and she brought it down to the Police station, and it got away from the Police. He said that another time his wife caught the dog and put it in their own dog house, and called the dog officer to come and get it. He did, and the dog was running loose again the next day. He said that the dog has been loose since the complaint was filed. The dog officer was asked for his recommendation. He answered that if it cannot be kept tied up or restrained, then the dog should be gotten rid of. Chairman Colella asked if the complainants would be willing to "go another week on a trial basis ". Mr. Loving agreed. The Town Manager said that this is a violation of the leash law and was separate from a vicious dog complaint. Mr. Rosado and Mr. Loving agreed that the dog was not vicious. Mrs. Devine's daughter stated that she has seen the Lovings' dog off the leash in their yard. Selectman Caponigro pointed out that this was not in violation of the leash law if the animal was in the owner's yard and under their control. The hearing was closed, and the Devines were advised that if they did not keep the dog tied up, it might have to be removed from town. Zoning decisions have been made by the Board of Appeals on the following: Tarsa, Boro Sand, Barrows, Dorothy, and the Town of Mansfield. Regarding the Townhouse Restaurant's application for a common victualler license, the Town Manager advised that Town Counsel is checking to see if the Gloria Columbo club license will suffice to serve liquor, or if another license would be required. Denis Vachon met with the Board regarding his application for a Class 1 license for 12 Pratt Street, formerly Mitrano Chevrolet. Mr. Vachon told the Board that he would be taking over the dealership as of January 1, 1977. After discussion, it was decided that the Board would follow the established policy of waiting a week before taking action on a new license. Tabled until December 1 meeting. The Town Manager reported that the Plonowski dog case would be taken up ( in court on December 3 at 2 p.m. other items discussed by the Town Manager included: landfill fire on November 16; interviews for secretary position in Town Manager's Office; Insurance Services Office's work on fire insurance rating survey; W.H. Riley court settlement; presentation to be made to Harold Jackson. -3- Board of Selectmen Minutes of the Meeting November 22, 1976 Page 4 Regarding the Plonowski dog hearing, Selectman DeLong asked if the Board could request a certain date by which the dogs would have to be removed. He said that the Plonowskis would be moving, and if the court were to rule in favor of the town, as it stands now, the dogs would be removed immedi- ately. He thought that by requesting a certain date for removal, that would allow them to keep the dogs (within a reasonable time) until they moved. It was noted that the dogs have not been loose sine e the hearing. Selectman DeLong asked if this could be checked with Town Counsel so see if the date could be set. He also asked if the Board would like to have them (the Plon- owskis) come in next week and try to work out some sort of agreement in this regard. No further action taken by the Board on this. Selectman DeLong also discussed the problem of large trucks going through the center of town adding to the congestion there. He suggested that truck route be set up to divert the large trucks around the center, with the exception of those making deliveries. John Gross, 140 Tremont Street, Mansfield, questioned the routes suggested by Selectman DeLong, saying that one of the routes would be through a school area. Mr. Gross also commented that the underpasses in town have never been posted with clearance warnings for truckers. The Town Manager will look into this. Selectman Titus moved to adjourn the meeting at 9:05 p.m.; seconded by Select- man Caponigro, voted 4 -0. SE