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HomeMy WebLinkAboutmin brd of selectmen 12/22/04 ~ ! Town of Mansfield Board of Selectmen Minutes of December 22, 2004 r" 1 :'.,.,.. .-'\ 1"""' " ~ I r:- .':~ !:,LLt:.J V t.Lj ..- '\ 'i ," ,.",' ~ Ie'" " ,> u;.;- Jt c; nFr ~ n - \,....'-~ \_, '.... II: 30 ; !i 'I' i e.L.. 0 Present: Chairman Steven W. MacCaffrie; Vice Chairman Roger S. Achill:l~;~, li USE T T S Bernard J. Dolan; Selectmen Louis P. Amoruso and Michael W. McCue Town Manager John O. D'Agostino The Board of Selectman meeting was called to order at 7:35 p.m., followed by the Pledge of Allegiance to the flag. Chairman Roger Achille called the Light Commissioner's meeting to order at 7:38 pm. . Selectman MacCaffrie reported the Town Treasurer's office is accepting donations on behalf of Mansfield Resident Ann Marie Diamond who was burned out of home in a serious house fire earlier this week. Donations had already been received from staff members of the Board of Selectman. Anyone interested in making a donation can contact the Town Treasurer for more information. . Chairman Achille welcomed Department Manager Gary Babin who reviewed the Electric Department's proposed operation budget for the upcoming year. . Official meeting minutes were recorded by Kimberly Stoyle of the Mansfield Electric Dept. for this portion of the meeting. r · The next Light Commissioner's meeting is scheduled on Wednesday, January 12,2005. It was decided Light Commissioner's meetings would continue on a monthly basis thereafter, the second Wednesday of each month. Motion: To accept the operating budget as presented by the Mansfield Electric Department (Amoruso/McCue 5-0) Passes Motion: To adjourn Light Commissioner's Meeting and return to discuss weekly business (Amoruso/MacCaffrie) 5-0 Passes . Warrant No. 26 in the amount of $8,238,323.07 Motion: To approve/sign (Achille/Amoruso) 5-0 Passes . Minutes of December 15,2004 Motion: To approve/sign (Roger/McCue) 4-0-1 Passes (MacCaffrie abstained) . Executive Session Minutes of December 15,2004 Motion: To approve as amended/but not release at this time ,-- (Achille/McCue) 4-0-1 Passes (MacCaffrie abstained) Board of Selectmen Minutes of December 22, 2004 1 The following Licenses and Permits were reviewed by appropriate Town Department Heads and were presented to the Board of Selectman for their review and approval: Live Entertainment License (Weekdays): . Mansfield Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street . LaDonna Restaurant and Cafe, 131 Copeland Drive . Tahana Inc dba Tahana Restaurant, 60 Oakland Street . Chamberlain Ave., Inc. dba Catman Cafe, 16 Old Colony Way . Geno's Restaurant, 409 North Main Street Motion: To approve/sign as read - Live Entertainment License (Weekdays) (Achille/McCue) 5-0 Passes Entertainment License (Seven Days): . Mansfield Lodge of Elks No. 2633, Kenneth P. Owens, Manager, 140 North Main Street . DLC Corp, dba Tweeter Center for the Performing Arts, 885 South Main Street . Mansfield Music and Arts Society, Inc. 885 South Main Street (Parking Lots of Tweeter Center) Exception noted* Discussion: . With respect to the group of Seven-day Entertainment Licenses, Selectman MacCaffrie suggested the application for Mansfield Music and Arts Society, Inc. be reviewed separately due to a concern with the wording in the terms oftheir application. Mr. MacCaffrie noted the application for the MMAS Holiday Light Festival event extends two days beyond the annual expiration date of the Special Permit License. Motion: To approve/sign as read- Entertainment License (Seven Days): Noted; Selectmen McCue and Achille are Elk members and Selectman Amoruso is a member of the Mansfield Music & Arts Society. (McCue/Achille) 5-0 Passes Motion: To extend the Seven-day Entertainment License application period for the Mansfield Music & Arts Society for two days requested in early January 2006 at which time approval of a new license application would be required. (Achille/Amoruso) 5-0 Passes Public Entertainment License (Sunday only): . Chamberlain Ave Enterprises dba Catman Cafe, 16 Old Colony Way . MMAS, Inc., Mansfield Music and Arts Society, 885 South Main Street . South Shore Antique Auto Foundation, 885 South Main Street . LaDonna Restaurant Inc., 131 Copeland Drive . Mansfield Lodge of Elks #2633, 140 North Main Street . Mansfield Realty Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street ~ Motion: To approve/sign as read- Public Entertainment License (Sunday only) (Achille/Amoruso) 5-0 Passes Board of Selectmen Minutes of December 22,2004 2 ,,-- I Class II License Continued: . Shaw Auto Leasing, Inc., 95 South Main Street · Kenneth T Picciandra dba Cottage Auto Sales, 127B North Main Street *See Discussion . Clemmey, Inc., 390 West Street . Al Auto Body and Sales, 30 Mansfield Avenue Discussion: Cottage Auto Sales · Selectman MacCaffrie noted that Ken Picciandra operates two businesses from the same address (Cottage Auto Sales and The Hair Cottage Salon) and questioned whether owner of Cottage Auto Sales should be required to maintain a designated car lot for the auto business. Per Mr. MacCaffrie, the current auto business operation is based on paper and computer transactions. · Selectman Amoruso noted prior precedence granting a Class II License to Mr. Picciandra for Cottage Auto Sales under the same circumstances. Selectman MacCaffrie acknowledged previous license renewals awarded to Cottage Auto Sales, but was only seeking confirmation that the business owner is not required to have a car lot operate the auto business. · Selectman Amoruso suggested the Board approve the license and request Town Counsel r verify business space requirements and/or restrictions based on the current By-Laws. · Motion: To approve alVsign as read. Board of Selectman to request written clarification from Town Counsel regarding business space requirements and/or restrictions to operate an auto business without a designated car lot based on the current By-Laws. (Amoruso/McCue) 5-0 Passes Class III License: · Clemmey, Inc., 390 West Street Motion: To approve/sign as read- Class III License: (Achille/McCue) 5-0 Passes All Alcohol/Common Victuallers' License: · Kenneth DeFazio dba Trattoria la Cucina di Nonna, 160 North Main Street · New England Sportservice, Inc, Tweeter Center for the Performing Arts,"Golden Courtyard" - 885 South Main Street . Regent Cafe, Inc, 394-396 North Main Street . The Fresh Catch, Inc., 30 Chauncy Street · Tang Sz, Inc., dba Cheng Du Restaurant, 249 North Main Street · Willowdale Golf Course, Inc., 54 Willow Street · LaDonna Restaurant Incorporated, 240-246 Central Street r Board of Selectmen Minutes of December 22,2004 4 r All Alcohol/Common Victualler's License. Continued: · Chamberlain Avenue Enterprises, Inc. dba Catman Cafe, 16 Old Colony Way · Bertucci's Restaurant Corp. dba Bertucci's Brick Oven Pizzeria, 254 Chauncy Street · EI Azteca Mexican Restaurant #2, 310 North Main Street . Tahana, Inc. dba Tahana Restaurant, 60 Oakland Street · DGP & Sons, Inc., dba Jimmy's Pub, 141 North Main Street · Spiezio Enterprises, Inc., dba Geno's Restaurant & Lounge, 407-409 North Main Street . The G Connection LLC, 30 Reservoir Street Motion: To approve/sign as read - All AlcohoVCommon Victualler's License: (Achille/MacCaffrie) 5-0 Passes All Alcohol/Club License: . VFW Post No. 3264, 88 Chilson Avenue · Mansfield Lodge of Elks No. 2633, 140 North Main Street Motion: To approve/sign as read - All Alcohol/Club License (Achille/McCue) 5-0 Passes All Alcohol/Retail Packae:e Goods Store License: r · West Mansfield, Incorporated dba Rum Runner Wine & Spirits, 377 Chauncy Street, Unit A · F&W Inc., dba Dub's Discount Liquors, 30 Chauncy Street . Mansfield Variety & Deli, 70-72 Pratt Street · Bristol Management dba Bristol Liquors, 670 East Street · P&L Liquor Corp. dba Downtown Discount Liquors & Variety, 219 North Main Street Motion: To approve/sign as read - All AlcohoVRetail Package Goods Store License: (McCue/MacCaffrie) 5-0 Passes Wines and Malt Beverae:es/Common Victualler's 242 Chauncy Street, Inc. dba Classic Pizza, 242 Chauncy Street New England Sportservice, Inc, Tweeter Center for the Performing Arts, "Golden Courtyard" - 885 South Main Street Cafe on the Common, Inc., 12-14 South Main Street Trifecta Entertainment, Inc. dba Trifecta Sports Bar, 31 Oxford Road (Dana Barros Sports Center) Motion: To approve/sign as read- Wines and Malt Beverages/Common Victualler's Achille/Amoruso) 5-0 Passes r Board of Selectmen Minutes of December 22, 2004 5 r r r Common Victualler's: · Classic Pizza Inc. dba Classic Pizza, 242 Chauncy Street . EI Azteca Mexican Restaurant #2, 310 North Main Street . VFW Post No. 3264, 88 Chilson Avenue · Mansfield House of Pizza, 175 North Main Street · Gary P. & Janet S. Eagan dba Honey Dew Donuts, 99 Copeland Drive · Honey Dew Donuts, 390 West Street · MDPG, Inc. dba Driscoll's Restaurant, 350 North Main St, Unit 1 · New England Sportservice, Inc., (Tweeter Center) 885 South Main Street · Sweet N Crafty 34 North Main Street · Cousin's Pizza and Subs, 660 East Street · Council on Aging/Bristol Elder Services, 255 Hope Street · Thomas Bissen dba Stefano's Pizza & Subs, 30 Chauncy Street · Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street · Kenneth M. DeFazio dba Trattoria Della Nonna, 160 North Main St. · Fresh Catch, Inc., 30 Chauncy Street · F&W, Inc., dba Dub's Discount Liquors, 30 Chauncy Street · MaRiva Inc., dba D'Angelo Sandwich Shop, 260 Chauncy Street · Cheng-Du Restaurant, 249 North Main Street · Mansfield Donuts dba Dunkin Donuts, 45 Chauncy Street · Tahana, Inc., dba Tahana Restaurant, 60 Oakland Street · Mansfield Lodge of Elks No. 2633, 140 North Main Street · Spiezio Enterprises, Inc. dba Geno's Restaurant & Lounge, 407-409 North Main Street · Regent Cafe, Inc., 394-396 North Main Street · DGP & Sons, Inc. dba Jimmy's Pub, 141 North Main Street · Cafe on the Common, Inc., 12-14 South Main Street · LaDonna Restaurant Incorporated, 131 Copeland Drive · Chamberlain Ave., Inc., dba Catman Cafe, 16 Old Colony Way · Bertucci's Restaurant Corp., dba Bertucci's Brick Oven Pizzeria, 243 Chauncy Street · The G Connection LLC, 30 Reservior Street · Teixeira's Donuts of Mansfield, Inc., 221 North Main Street · Trifecta Entertainment, Inc., dba Trifecta Sports Bar, 31 Oxford Road (Dana Barros Sports Center) · The Village at Willow Crossings LP dba The Village at Willow Crossings, 25 Cobb Street · Mangia Bene, 20 South Main Street · Willowdale Golf Course, Inc., 54 Willow Street Motion: To approve/sign as read - Common Victuallers (Achille/Amoruso) 5-0 Passes Board of Selectmen Minutes of December 22, 2004 6 r Alcohol/Innholder License: · Mansfield Realty Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: To approve/sign as read - AlcohollInnholder License: (Achille/Amoruso) 5-0 Passes Wines and Malt Beverae:es/Retail Packae:e Goods Kanku, Inc dba The Store, 213 South Main Street Fair Winds & Following Seas, Inc. dba Tedeschi Food Shops, 242 Chauncy Street Motion: To approve/sign as read - Wines and Malt BeverageslRetail Package Goods Store (MacCaffrie/ Achille) 5-0 Passes r Town Manae:er and Staff · Memo to Town Manager from Council on Aging Director Gale Farrugia dated November 18th, regarding Senior Tax Work Off Program Policy. Discussion: The Town of Mansfield currently has a Tax Work Offprogram for Senior Citizens which runs from July I-June 30th of each year. Participants are selected on a first come, first serve basis depending on their qualifications for job placement. · Town Manager reviewed the current policy with revisions suggested by Director Gale Farrugia and Althea Sankey, Volunteer Coordinator for the Council on Aging Althea Sankey. · Accumulative hours allowed under this program are 111 hours for a $750.00 maximum credit on the participants tax bill. · Ms. Farrugia established a schedule with the Treasurer's Office for participants to submit hours worked for tax credit (March 1st for May tax bill and August 15th for Nov. tax bill). · Town Manager commented that although the Town tries to do so, there is no guarantee that applicants will be placed in the same position from year to year. · The Board of Selectman would like the Town to explore further options to increase the number of opportunities to participate in the program. · Town Manager will invite Gale Farrugia to a future Board of Selection Meeting for further discussion about the program. Motion: To accept the Tax Work off Program 2004/2005 Policy/with revisions recommended r by the Mansfield Council on Aging letter dated 11/12/04. (Achille/Amoruso) 5-0 Passes Board of Selectmen Minutes of December 22, 2004 7 (' Town Manaf!er and Staff Continued · Memo to Board from John Sullivan, Town Engineer, dated December 13th, regarding Traffic Control Agreement/Route 106 (Hope St. to Flint Farm) · Memo from Town Manager dated December 14th, regarding the Clemmey Tank Property. · Memo from Town Manager's Secretary dated December 17th, regarding Dog Complaint from Anthony Prosper, 67 Angell Street. · Memo from David Field, Senior Engineer, dated December 20th, regarding House-to- House Inspection Update/150 Oakland Street Boards and Committees · 2004 Annual Report of the Canoe River Aquifer Advisory Committee dated December 16, 2004. · Letter to Board from Attorney Robert Riccio of Riccio & Riccio, LLC dated December 10th conveying a check in the amount of $8,225.00 as a required contribution to the Housing Support Fund. Requires vote of Board to accept gift of money. MOTION: To accept (Dolan! Achille) 5-0 Passes r Residents · Letter to Town Manager (copied to Board) from Katharine Jackson, 71 Tanya Drive, dated December 13th concerning underground drainage problems at 65 Tanya Drive. Discussion: · Selectman MacCaffrie expressed concern that the Town appears to be receiving a higher amount of complaints than usual about a lack of notification to residents by the Town when working on their property. Town Manager did not feel the number of complaints was excessive. · Mr. D' Agostino reported regarding the recent complaint, Ms. Jackson's letter states the Town did work on her property regarding a drainage issue, however at the time the drainage problem was corrected the Contractor owned the property at Tanya Drive. Town of Mansfield does not notify or correct issues on private property. · Letter to Board of Selectmen from Richard & Melanie Towle, 32 Church Street, dated December 13th, regarding AI-Noor Academy. 1. The Town of Mansfield continues to receive complaints from neighbors regarding traffic congestion in the AI-Noor Academy school area. Selectman Dolan questioned whether the Mansfield Police Department has been notified regarding traffic congestion and given direction to enforce traffic. It was noted that because Al-Noor is a private school, they are not required to provide crossing guards. 2. Concerns regarding trash disposal continues. 3. Chairman MacCaffrie suggested the Board invite administrative staff from AI- Noor Academy to a future Board of Selectman meeting to discuss how to handle ,( ongoing neighborhood concerns and complaints. Board of Selectmen Minutes of December 22, 2004 8 r r r Other · Application notice from Tri-Town Chamber of Commerce dated December 14,2004 for their 8th Annual Success and Service Awards. · Letter to Board from The Commonwealth of Massachusetts Department of Education, dated December 13th, notification regarding compliance with spending requirements, FY2004 and FY2005. · Selectman McCue questioned status of a water hook-up request for Cedar Heights. Town Manager noted the issue would be reviewed for discussion at next week's meeting December 29, 2004. Chairman MacCaffrie offered the opportunity for Questions and Comments at 9: 15 PM. Resident and Business Owner Karl Clemmey (South Main Street, Mansfield): · Re: Comment by Selectman Amoruso regarding commuter parking (12/22/04); Mr. Clemmey suggested the Board meet with members of the business community to obtain input on parking concerns facing their business prior to setting parking policies. A Notice of Public Hearing has not been posted on this issue. · Re: Correspondence to Mr. Clemmey's Attorney Richard Nyland Wetlands Policy; Mr. Clemmey is waiting to receive a Notice of Judgment from the Conservation Agent. · Re: Correspondence addressed to Mr. Clemmey from Mangiaratti requesting he stop harassing the local Conservation Agent. Mr. Clemmey feels this action was unnecessary. · Re: Form A questions raised about conditions imposed on overlapping projects near the train station; Mr. Clemmey indicated plans to locate a future office building on his 7 -acre property. Selectman Dolan suggested the (3) business developers who plan to develop property near the train station area should schedule a meeting to coordinate their efforts based on the best interest of the Town of Mansfield. . Re: Newspaper article about Tax Hearings (Ref. Sun Chronicle Newspaper article written by Mike Gelbwasser); Mr. Clemmey expressedfrustration working with theformer Assessors and encouraged the Boards to work better together. · Re: Request for status of Southbound Ramp to Rt. 495; Town Manager reported, that at Governor Romney's suggestion, Representatives Poirier, Representative Coppola, and former Senator Joanne Sprague held a meeting to review priorities for the Town of Mansfield in the upcoming year. As a result of this meeting Governor Romney will push to make completion of the southbound ramp a priority for the Town. Newly elected Senator Jim Timilty has been advised of the recent priorities requested on the Town's behalf · Re: Article printed in Sun Chronicle Newspaper/Report of Selectman MacCaffrie involvement in recent vacancies on the Board of Assessors. With respect to interference, Mr. Clemmey stated he did not request Selectman MacCaffrie to inquire about property information about Erin's Centre on his behalf · Selectman MacCaffrie wants to encourage renewed good communications between the business communities. Board of Selectmen Minutes of December 22, 2004 9 · Selectman Dolan expressed strong opposition to members of the Board of Selectman interfering in matters outside their scope of responsibility, however noted on some occasions the Board may need to request updates be provided from other Boards/Committees in order to remain current with ongoing projects. · Re: Business Operating Procedures/Future Development; Mr. Clemmey suggested the Board of Selectman hold a meeting with local developers and appropriate Town Board members to establish a plan of action to address future development within the Town. Mr. Clemmey suggested the Town also establish a process in place to address conservation and environmental concerns. Due to the large number of participants proposed, John D 'Agostino commented a facilitator would be useful to moderate discussion. Town Manager agreed to send a letter to the appropriate Boards/Committees to solicit their input as to whether a meeting of this nature is prudent. r Town Manager D' Agostino reported: · Town Manager has scheduled Water Operations Manager, Kurt Gaffney and DPW Director Lee Azinheira to meet with the Board on January 4,2005 to review proposed hook-up policy changes. In response to a prior request by Selectman McCue for explanation of cable recent rate increases, Town Manager scheduled Nancy Leonardo from Comcast to meet with the Board on Wednesday, January 12, 2004. MacCaffrie questioned whether other communities had experienced protest regarding Comstar's lack of notification about the Increase. Tri- Town Wastewater meeting is scheduled on January 20, 2004. Town Manager will be out of the office from December 24, 2004 through December 31, 2004 however will be available to attend the Board of Selectman Meeting on Wednesday, December 29, 2004. Town Manager plans to schedule a future workshop with the Board of Selectman, Finance Committee, Counsel on Aging, Fire Dept, DPW and Library to review future personnel and space needs. MacCaffrie suggested to defer studies for proposed buildings and related construction be handled by the MBC. . r . . . . Selectman Achille: . None Selectman Amoruso: · Question raised status ofa letter to Mass Highway indicating the Town's position that the ramp be independent project. Motion: To issue letter (McCue/Amoruso) 5-0 Passes r Board of Selectmen Minutes of December 22, 2004 10 ( r r I .. · Comment was made about a letter to Barney Frank requesting he solicit support the Town of Mansfield in this position. Selectman Dolan: · Suggestion was made to re-evaluate the question/comment segment of weekly Board of Selectman meetings. · Mr. Dolan express frustration in hearing repetitive negative critiques and would like to encourage positive communication by everyone in the upcoming year. Selectman MacCaffrie: · Chairman MacCaffrie was asked to provide copies of the Town Manager's Evaluation Summary to the Board of Selectman and Town Manager as was done in previous years. Public reading of the Town Manager's Evaluation Summary is postponed until such time. · Member MacCaffrie expressed disappointment in a recent news editorial (Sun Chronicle Newspaper) that suggested he was involved with several recent vacancies in Board of Assessors office. Mr. MacCaffrie stating the reporter's comments were inaccurate and denied having any inappropriate interaction with the Assessors office. Selectman Mr. Dolan did not state his position with respect to the Assessors Office issue but made an overall comment that everyone should strive to avoid unnecessary sensitivity to the media and continue to promote team efforts. Selectman McCue: · McCue commented about a Mansfield man who was acknowledged for a recent heroic rescue effort in the local newspaper. Selectman McCue requested this gentleman be formally be recognized by the Board for his actions a future meeting. All agreed this to be appropriate. Selectman McCue will follow up. · McCue noted Attorney Jay Talerman had proposed amendments to the current Chapter 40B law and that communities surrounding Mansfield recently submitted letters to the State in support of the changes. Suggestion was made that the Mansfield Board of Selectman review a copy of the proposed law revisions and to also consider sending a letter in support of the changes. Selectman Achille: · Questioned raised regarding review of Trash Collection. Town Manager responded the issue is scheduled for discussion in January 2005. (Amoruso/McCue) 5-0 Passes ~ <; ~ ~gnature oi}ik /1- -2-9--17(/ Date of Approval Board of Selectmen Minutes of December 22, 2004 11