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HomeMy WebLinkAboutmin brd of selectmen 11/07/01 r Board of Selectmen Minutes of November 7, 2001 RECEIVED 1') r! r" ~ c; r¡;~ F'¡r. r: I" ',.- ". .", '.. t. ,.J I.. o ¡ Imv I 5 M11O: 56 Present: ¡'iAi,;)! tEl.D r1Þ, S S Þ\CI¡USETTS Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman Bradford E. Wills; and Selectmen David W. McCarter and Daniel Donovan. Town Manager John O. D'Agostino The meeting was called to order at 7:00 p.m. Motion: To go into a Light Commissioners Executive Session for the purpose of discussing a bid and price negotiations for purchased power costs and to return to Open Session at the conclusion of the discussion (Wills-McCarter) Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye 5-0 Passes The meeting reconvened in Open Session at 8:00 p.m., followed by the Pledge of Allegiance to the Flag. r . Warrant No. 20 in the amount of $6,127,453.91 Motion : To approve (Donovan-Wills) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of October 31, 2001 Board of Selectmen's meeting Motion : To approve (McCue-Donovan) 4-0-1 with Vice Chairman Wills abstaining Passes · Letter from Michael G. Souza, Sr., Boy Scout Troop 17 Tree Sale Chairman, requesting permission to use the lot between the South Common and Police Department for their 45th Annual Christmas Tree Sale. Motion: To approve ( (Donovan-Wills) 5-0 Passes Board of Selectmen Minutes of November 7,2001 1 r Treasurer/Collector Richard Boucher requested the Selectmen authorize a $3 million note in anticipation of revenue to cover expenses until the tax bills go out. We received a rate of 2.01 ero with the ability to pay them off early if we can. The interest would be $11,000 to borrow $3 million. Motion: To sign the revenue anticipation notes (McCue-Donovan) 4-1 with Vice Chairman Wills opposed The following license applications have been reviewed and approved by the appropriate department heads and are presented for the Selectmen's review and approval: Common Victuallers Sweet N' Crafty at 34 North Main Street Robert Tsapanidis dba Classic Pizza at 242 Chauncy Street Willowdale Golf Course, Inc. (Lorraine Simonelli, Manager) at 54 Willow Street Regent Café at 394-396 North Main Street Mansfield House of Pizza, Inc., at 175 North Main Street r Eric Quan dba Quan's Kitchen at 30 Chauncy Street Bertucci's Restaurant Corp. dba Bertucci's Brick Oven Pizzeria at 243 Chauncy Street Motion : To approve (Donovan- Wills) 5-0 Passes Weekday Music Machine Regent Café Inc. at 394-396 North Main Street Motion : To approve (Wills-Donovan) 5-0 Passes LodQing House Peter Fontanini dba Billings Realty Trust at 18 Thomas Street Peter Fontanini dba Billings Realty Trust at 20-22 Thomas Street SME Realty Trust dba Ye Old Barn (16 rooms) at 17 Fulton Place Motion : To approve (Wills-Donovan) 5-0 Passes Class II Car Dealers Fred's Car & Truck Sales at 631 East Street r Clemmey, Inc. at 390 West Street Motion : To approve Board of Selectmen Minutes of November 7, 2001 2 r (Donovan-Wills) 5-0 Passes Class III Motor Vehicle Junk License Clemmey, Inc. at 390 West Street Motion : To approve (Wills-Donovan) 5-0 Passes Restaurant All Alcoholic (TIPS Certification Provided) Regent Cafe Inc. at 394-396 North Main Street (William Pascucci, Manager) Willowdale Golf Course Inc. at 54 Willow Street (Lorraine Simonelli, Manager) Bertucci's Restaurant Corp. dba Bertucci's Brick Oven Pizzeria at 254 Chauncy Street (Eleanor Clancy, Manager) Village at Willow Crossings, 25 Cobb Street Motion : To approve (Donovan-McCarter) 5-0 Passes r Wine and Malt Package Store (TIPS Certification Provided) Chauncy Investment Corp. dba Tedeschi Food Shops at 242 Chauncy Street (Paul F. Kearns, Manager) Motion: To approve (Donovan-Wills) 5-0 Passes The Notice of Hearing as it appeared in The Sun Chronicle was read by Clerk McCue Motion: To open the hearing (Wills-Donovan) 5-0 Passes Package stores applying for the limited Sunday holiday opening were Bristol Liquors, Rum Runner Wine and Spirits, Dub's Discount Liquors, Mansfield Variety & Deli, Tedeschi Food Shops, and Villa Liquors The hours of operation permitted by the licenses will be from 12 noon to 11:00 p.m. on the Sundays designated. To approve the licenses for the following to allow Sunday openings from November 18th to December 30th - Bristol Liquors, Rum Runner Wine and Spirits, Dub's Discount Liquors, Mansfield Variety & Deli, Tedeschi Food Shops, and Villa Liquors (Donovan-Wills) 5-0 Passes (' Board of Selectmen Minutes of November 7,2001 3 (' Chief O'Neill proposed the elimination of two school crossings and the distribution of the amount saved to the hourly rate of the remaining crossing guards, bringing the rate to $12/hour. The East and Eddy Streets crossing is not being used and the South Common crossing is being used by one individual in fair weather only. He noted the crossing guard positions have no benefits and the pay rate offered for the minimal number of hours worked makes it difficult to fill the positions. He would ultimately like to transfer the cost of the crossing guards to the School Department budget. Mr. D'Agostino noted one of the issues the Board is concerned with is increasing the over-all base of this line item. He asked if the hourly rate can increase and the line item remain the same. The Chief noted it would increase only if the demographics of the town increase and we need additional crossing guards. Chairman Amoruso noted he would consider a process whereby rates were increased the longer a person remained in the job. Selectman Donovan stated he believes $12/hour is a fair pay and is more in line with surrounding communities. Selectman McCarter said he would prefer to see crossing guards at $12/hour than have police officers covering the positions. Chairman Amoruso expressed concern that r $12/hour would be locked in and we may then need additional positions the budget would not be able to cover. The Chief acknowledged that St. Mary's may need a crossing guard next year, but said the amount needed for these positions is not significant. Motion: To support the request (McCarter-Donovan) 4-1 with Chairman Amoruso opposed Passes Town Counsel Mangiaratti was present and noted since his earlier memorandum to the Board, there have been developments that may make the situation easier to resolve. The parking at the Tweeter Center was short by 124 spaces and there was some controversy when they acquired additional land from an abutter to put parking spaces on the land, which had never been used for that purpose. He and the Building Inspector made the determination that it was not permissible and the decision was subsequently appealed to the Zoning Board of Appeals (ZBA) and overturned. The question then arose as to whether it would then require a Special Permit for the expansion of a pre-existing, non-conforming use. The ZBA's decision was not clear and did not address any of the particulars of our Zoning By-Law. r- Subsequent discussion and review of Massachusetts case law regarding character use, the number of spaces being put in, and the impact on the neighborhood Board of Selectmen Minutes of November 7,2001 4 r resulted in the position that 124 additional spaces is not a substantial change. Should there be more than that, the Building Inspector reserves the right to make a further determination. The 124 additional spaces only brings the Tweeter Center into conformity for the license capacity they currently have. They have spoken with the Tweeter Center's attorney and the matter seems to be worked out to everyone's satisfaction. Steve MacCaffrie of Mill Street - noted he was pleased to see we're becoming a bit more fiscally conservative in withdrawing the proposal for the skateboard park. He read from a newspaper article of a skateboard park that was built in Hanson for $70,000. He suggested the property owned by the Town at the corner of Hope and Church Streets, across from Memorial Park, could be sold as house lots and the proceeds used for a skateboard park. His second issue was receiving two phone calls at home recently asking about his septic system. The caller indicated the information was received from the Town of Mansfield. Crane Septic System was the most recent caller and he objected to the Town making such information available. The Town Manager will follow-up and see how they're obtaining this r information. He also spoke of the 50/50 split being offered by Mansfield Youth Soccer and noted while it's nice, he'd rather see the money going for another paramedic or something else to provide services to that segment of the population that does not have children utilizing the services they keep providing with their tax dollars. 8111 Gerber of 362 Central Street - attended last night's Special Town Meeting that lasted about 20 seconds. He asked for clarification about the Veteran's Day program. It is being celebrated this year on Monday, November 12'h, rather than the traditional date of November lph which falls on a Sunday. He urged everyone to take a moment at 11:00 a.m. on 11/11 to remember the Veterans, noting we've already lost more soldiers in this war than we lost in the Revolutionary War. He also noted Cable Access's conversion to their new logo based on Cable 9 and stated he'd submit a bill to the Selectmen for the cost of the conversion that they can then negotiate with AT&T to recoup. He spoke of fines levied against AT&T by other cities and towns for license violations. Chairman Amoruso noted they do not have a bond, but a letter of credit. Mr. Gerber said he will be attending the Chairman's Meeting on November 26th. 8111 Sarro of 795 Maple Street - reminded the Board of his previous experience r- with the paramedics saving his life and noted they did it again six weeks ago. He asked the position of the Selectmen on supporting the. request for additional Board of Selectmen Minutes of November 7, 2001 5 r paramedics. Vice Chairman Wills said it's not always what we'd like to have, but what we can afford without going for another override. Discussion ensued as to what is being requested at the Special Town Meeting. Our attempt is to staff the Fire Department so that we have two paramedics per shift to cover the two ambulances. We currently have six and need eight. Mr. Sarro praised Wayne Jackman, who was first on the scene, and the two paramedics who worked on him. The suggestion was made that a contribution toward ambulance service or paramedic training might be a negotiation point when a Special Permit is required for senior housing. It was noted that at this point the position of the Finance Committee regarding this request is not known. The Town Manager: · Has scheduled a Senior Coffee Hour at the Council on Aging tomorrow focusing on how we're protecting our resources and how the seniors can assist us. The Post Master will also be participating to discuss the handling of suspicious mail. · On Monday, November 12th, Town Offices will be closed. They will also close on r Wednesday prior to Thanksgiving at 4:00 p.m. and reopen Monday. · Hathaway Patterson - TRC has begun preparation for testing and groundwater monitoring. Analysis will take up to 45 days, with 30 additional days for validation. · At the corner of North Main Street and Mansfield Avenue a light pole was hit and repair will require digging up a portion of the sidewalk. Our liability is 100ero and the repair will be costly. Staff is recommending that we do not replace the light because there is adequate illumination at this location. · Last Friday the Council on Aging sponsored a session on the new "circuit breaker" law to provide tax assistance by way of a credit to seniors. The Selectmen wl1l be copied on the law. · The underpass project update will be given next week. An attempt is being made to schedule a second meeting with the legislative delegation on the issue. The cost is estimated at $11,300,000. · There was discussion among the communities meeting for the Regional Cable r Meeting to group together to encourage municipal light departments or other cable competitors to provide local cable service. Further discussion took place Board of Selectmen Minutes of November 7, 2001 6 r among Selectmen regarding the suggestion of cable competition and whether it's advisable for us to provide cable service. Appointment of Selectmen's Southeastern Regional Planning and Economic Development District (SRPEDD) Representative Kevin Doyle of Fruit Street was the sole applicant to fill the position of Selectmen's SRPEDD Representative. He is currently serving as their alternate representative to SRPEDD. Motion: To appoint Kevin Doyle as the Selectmen's SRPEDD Representative (McCue-Donovan) 5-0 Passes Selectmen McCarter: · Noted that according to Statute, we need to grant the entertainment license within 45 days of receiving the application from Tweeter Center. We get an additional 30 days if we hold a hearing. Motion: To have the Town Manager negotiate the license r (Donovan-McCarter) Chairman Amoruso pointed out the Town Manager has a great deal of other work he needs to be doing at this time as it's budget time and we have a Special Town Meeting coming up. Vice Chairman Wills said he feels the Board would be abdicating its authority in having the Town Manager negotiate the license. The Town Manager noted we don't know why the license has been submitted this early and suggested holding a hearing within 45 days and making a decision within 30 days thereafter. The Selectmen didn't see that there would be much change. Vote: 3-2, with Wills and Amoruso opposed Passes A hearing date on the license will be determined at next week's meeting. Articles 1-2 already voted to support; article 2 is $1227.89 Article 3 - as amended $14,794.08 For public library staff. This will add two new employees and is a raise and appropriate article. Janet Campbell will be invited in r to review the article with the Board. Motion: To support (Wills-Donovan) 2-3 (McCarter, McCue, and Board of Selectmen Minutes of November 7, 2001 7 r Amoruso opposed) Fails Motion: To remove from the Warrant (McCarter-Wills) 4-1 (Donovan opposed) Passes Article 4 - 4 firefighters $252,336. for a full year (this article is $126,168) The Town Manager recommended going for two now and two more at the Annual Town Meeting. Funded from Free Cash Motion: To support as is (Donovan-Wills) 2-3 (McCarter, Amoruso and McCue opposed) Fails Motion: To support two firefighters/paramedics (McCue-McCarter) 4-1 (Donovan opposed) Passes Article 5 - Train Station Detail Motion: Withdraw article (Wills-no second) $5,000-$8,000 Motion: Table for additional information (McCarter-McCue) 3-2 Donovan and Wills Passes Article 6 - Table for more information r Article 7 - Table for more information Article 8 - supplement Highway Operational budget $30,000 from Free Cash Motion: To support (McCarter-McCue) 4-1 (Amoruso opposed) Passes Article 9 - Clemmey Tank property cleanup Motion: Withdraw (Wills-McCue) 4-1 (Donovan) Passes Article 10 - Add Wills in support (now 5-0) Article 11 - Add Will in support (now 5-0) Article 12 - $35,000 for survey of landfill site and adjacent Town-owned property Motion: Withdraw (Wills-McCarter) 4-1 (Donovan) Passes Article 13 -$450,000 Water Facility 20ero Design Motion: Withdraw (Wills-McCarter) 4-1 (Donovan) Passes Article 14 - duplicate article - delete Article 15 & 16 add support of Wills (now 5-0) ,r- Article 17 - Hartwell School Board of Selectmen Minutes of November 7,2001 8 . r Motion: Withdraw (Wills-McCue) 5-0 Passes Having reached the 11:00 p. m. curfew- Motion: To continue for 15 minutes (McCue-McCarter) 5-0 Passes Article 18 - Fisher Richardson House Was 3-1 to support; add support of Wills - now 4-1 in favor, subject to receipt of the grant money Article 19 $75,000 raise and appropriate for reconditioning of Field No.3 Motion: Withdraw (Wills-no second) Motion: Leave 19 on and take 20 off (Wills-no second) Motion: Keep 19 (Donovan-Wills) 4-1 (McCarter opposed) Article 20 Withdraw (McCue-Wills) 4-1 (Donovan opposed) Article 21 $27,5000 for Fire Dept. Confined Space Rescue Training Motion: To support (McCue-Wills) 5-0 Passes Article 22 was 4-0; now 5-0 r Article 23 Stabilization approximately $800,000 no vote Articles 24 - hold Article 25 - employees serving military duty - was 4-0; now 5-0 Motion: To close the Special Town Meeting Warrant (Wills-McCarter) 5-0 Passes Motion: To adjourn at 11:15 p.m. and sign the licenses granted during the meeting. (Wills-McCue) 5-0 Passes . dtUøøi U Signature of Clerk /1( ;1¡'~V 0/ Date of Approval r Board of Selectmen Minutes of November 7,2001 9