HomeMy WebLinkAboutmin brd of selectmen 02/02/05
() \ J
~ \ Y
t, ",-,\,,(; OFF ICE
\/
Present:
Town of Mansfield
Board of Selectmen
Minutes of February 2, 2005 h/ h.;j(~ ,': :cLD
t ,1."t,)I 11_
Chairman Steven W. MacCaffrie; Vice Chairman Roger Ach~i~~t~~~We~J.Jj.
Dolan; Louis P. Amoruso, Selectman Michael McCue
Town Manager John O. D' Agostino
05 FES ! 0 AM 8: 56
("\
The Board of Selectman meeting was called to order at 7:30 p.m, followed by the Pledge of,
Allegiance.
Motion: To enter into executive session at 7:30 PM to discuss pending litigation and
immediately return to general meeting discussion at the close of this discussion.
(Amoruso/Dolan) 3-0 Passes by Ron Can Vote: Amoruso; aye, Dolan; aye, MacCaffrie; aye
E.......XE......................CUTIVE..SE. SSIO. N. .47.:.'.30. [P. 18. )..... 8~OOPM' n.:......:............:........ :
..........."...,......,...,"",.. ..............- ..., ""_.,,. .." .". ,.... "., ",...................................................,',...,""',.,.............."",.........".........,',...............
................................................................................................................................. .... .......... .... .... .... ..... .... .......... .... .... ........ .... .... ..... .....'.....'....'.
~.
..IW.__!.1.1.I!i.11~~!!!!;!:!~
The HeartSafe Community Program is a cooperative initiative by the Commonwealth's Office of
Emergency Medical Services and the Emergency Medical Care Advisory Board's Public
Information and Education Resources Committee in conjunction with the American Heart
Association and the Southeastern Massachusetts EMS Council.
Fire Chief Robert Bellavance introduced Mr. Fred Fowler of the Southeastern Mass Emergency
Medical Services Region. Mr. Fowler recognized the Town of Mansfield for various community
efforts implemented by the Town to improve survival from sudden cardiac arrest, and for
meeting the criteria to be designated a HeartSafe Community. The criteria for the "Chain of
Survival" includes early access to emergency care critical, early access to 911, early CPR and
early defibrillations. At this time, only one third of the communities in the Commonwealth of
Massachusetts hold this designation.
In recognition of this official designation of Heart Safe Community, Town officials were
presented with a certificate suitable for framing and (2) roadway signs to post for display within
the community.
Introduction and swearing in of (2) New Firefighters;
Fire Chief Bellavance introduced paramedics Justin DesRisuers and Patrick Kelly who will soon
be serving the Town of Mansfield working for the Fire Department. Firefighters DesRisuers and
Kelly were accompanied by family members and officially sworn in by Town Clerk Helen
Christian. Fire Chief Bellavance presented official badges to each firefighter.
('
Board of Selectmen Minutes of February 2, 2005
1
r- i,~qipJ~j~~iii..lj9Itlp..J:lvQ~~tiQQ~qJ'~Y........3;9Q..~M.............................................................................................................................
Town Counsel Robert Mangiaratti previously submitted a written proposal of modifications to
the Town's Guidelines to address Alcohol License Violations. Current liquor license holders
received a copy of the proposed modifications and were invited to share their comments with the
Board of Selectman. A public forum scheduled on Wednesday, January 26, 2004 to discuss
proposed modifications was cancelled due to inclement weather conditions and rescheduled for
discussion this evening.
Discussion was opened for comment at 8:00 PM by Chairman Steven MacCaffrie:
. License holder Peter Ditrolio (Rum Runner) suggested the Board establish a set
timeframe of two years whereby a violation would then expire and be removed from the
business record.
. License holder Bob Lankton (Tedechi's Food Mart) commented that based on the volume
of opportunity for human error throughout the year, he would also support a
recommendation to establish a timeframe whereby the violation would expire.
. George Dentino asked to Board to clarify whether the proposed modifications under
discussion relate to the existing Liquor Violation Policy or whether they are to be used
only as a guideline. Mr. Amoruso confirmed that the proposed modifications presented
for discussion that evening, entitled "Town of Mansfield Board of Selectman Alcoholic
r Beverage License Guidelines for Violations" are to be used by the Board as "Guideline"
to address future liquor license violations.
. License holder Peter Chan (Tahana Restaurant) indicated he has difficulty understanding
some terms and conditions of the Local and State and alcoholic beverage policies, and
acknowledged his restaurant business has a prior record of alcohol violations. Mr. Chan
expressed concern that his livelihood could be jeopardized depending on the severity of
punishment guidelines adopted by the Board. Mr. Chan encouraged the Board to
consider each violation on an individual basis, and to implement a fair policy with respect
to establishing punishment.
. License holder Carla Foley (Ladonna Restaurant) noted that Liquor license holders are
able to contact the ABCC to clarify questions any questions with respect to liquor laws
and restrictions. Ms. Foley supports establishing a specific period oftime to hold a
business owner accountable for a liquor license offense and feels the Board should have
the ability to judge the penalty of violations on a case-by-case basis.
. Selectman Achille stressed an importance for the Board of Selectman to have flexibility
in the guidelines to address liquor violations and supported the suggestion to have a
statute of limitations established.
. Selectman Dolan agreed that a statute of limitations to have a violation on the business
r--.. owners record should be considered, but suggested a three-year period would be more
equitable. The remaining Board members agreed.
Board of Selectmen Minutes of February 2,2005
2
r- Based on discussion and input from local liquor license holders, the Board of Selectman
amended the Town Counsel's proposed modifications to the Guidelines for Violations as noted
in the motions below. The amendments will be incorporated in the proposed Guidelines and
forwarded to Town Counsel Robert Mangiaratti for review and final implementation.
Motion: To amend the end of the last sentence in paragraph one to read; The Selectman may
vary from these Guidelines to reasonably address unique circumstances arising in any particular
case "to include but not limited to the severity of offences, and severity of the past record of a
license holder". (Achille/Amoruso) 5-0 Passes
Motion: To amend the first sentence in the third paragraph to read; In applying these
Guidelines, the Board shall take into account every violation ever committed by the Licensee in
the Town of Mansfield "within the prior three year periodfrom the date that the current
violation occurred. (Dolan/Amoruso) 5-0 Passes
Motion: To amend the second sentence in the third paragraph by deleting the word "unrelated".
The new sentence reads; The Board shall not take into account past violations by prior licensees
who may have previously operated at the premises of the licensee under consideration.
(Achille/Dolan) 5-0 Passes
Motion To accept the proposed Alcoholic Beverage License Guidelines for Violations as
amended by the Board of Selectman February 2, 2005. (Amoruso/Dolan) 5-0 Passes
",--
.....................................................................................................................................................................................................................-..............................
... - "". "" "'" ...-_......-- "'" "...- ,...,- ",... "",. "",- ,.",,- ,..,,", ..............--...".- ..",,- "'"'' ,."'........--...."..............'...
~9i~.g.9;qa9tipp~il~8M:~~~irl~t.ppqJQ.int<<........ .
Candidate for Re-appointment: Elisabeth Garber-Miller
As an Associate Member of the Zoning Board of Appeals, Ms. Miller regularly attends all Zoning
Board Meetings, hearings and executive sessions. Ms. Miller enjoys working on the Board and
expressed her appreciation for the learning experience gained by her past involvement up to this
point. At this time, Ms. Miller would like to continue as a full term member of the Board and
couldfill an unexpired term position recently vacated by Mr. Scott Austin. The Zoning Board
would have (2) Associate positions vacant if the applicant is appointed as afull term member.
Motion: To appoint Elisabeth Garber-Miller full-time member status to fill an unexpired term
vacated by Scott Austin, which expires January 1, 2007.
(McCue/Amoruso) 5-0 Passes
Motion: Issue letter of thanks to Scott Austin for his service on the Zoning Board of Appeals.
(Amoruso/McCue) 5-0 Passes
r-
Warrant No. 31 in the amount of$4,223,593.33
Motion: To approve.
(Achille/Dolan) 5-0 Passes
Board of Selectmen Minutes of February 2, 2005
3
r
Warrant No. 32 in the amount of$I,246,958.73.
Motion: To approve.
(Achille/Dolan) 5-0 Passes
Meeting Minutes of General Session January 19,2005 Selectmen Meeting.
Motion: To approve.
(Achille/Amoruso) 5-0 Passes
Meeting Minutes of Executive Session January 19, 2005 Selectmen Meeting.
Motion: To approve.
(Amoruso/Achille) 5-0 Passes
IJJ!~~i~~~"P.,~lt~r;~Q~IQ~jl~ljrq"i~~Il~T<
Renewal Application for Drainlayer' s License; O'Keefe Trucking & Equipment, Inc., 61
Goloskie Road, Chepachet, RI. Application and documentation is in order. The Town Engineer
recommends approval of this license.
Motion: To approve.
(Achille/Amoruso) 5-0 Passes
r-
Check from Law Office of Eugene F. Grant in the amount of$8,225.00. (Board needs to accept
gift of check for the Local Housing Partnership Fund.)
Motion: To accept.
(Dolan/McCue) 5-0 Passes
Disclosure of Financial Interest Forms from Board of Assessor's employees Susan Sellon and
Susan McGinley. (Board needs to approve exemptions and sign.)
Motion: To authorize the Chairman to sign/approve exemption.
(Achille/Amoruso) 5-0 Passes
Request for a one-day Beer and Wine License for Tri- Town Beagle Club for Members Game
Dinner scheduled for February 20,2004. (Routing completed and attached.)
Motion: To approve.
(Achille/ Amoruso) 5-0 Passes
Home Equity Loan request for $25,000 from Beverly Estes-Smargiassi, Community
Development. (Needs approval and Chairman sign letter to Rockland Federal Credit Union.)
r
Motion: To accept.
(Amoruso/MacCaffrie) 5-0 Passes
Board of Selectmen Minutes of February 2, 2005
4
r
Correspondence Addressed to Board:
Letter from Gregory Matoian, Tire Man Auto Sales, regarding Class II Auto Sales License, dated
January 17th demonstrating full repair facilities at business location and principal business use.
Letter from Gregory Matoian, Mansfield Motors, regarding Class II Auto Sales License, dated
January 17th demonstrating full repair facilities at business location and principal business use.
Letter from Department of Housing & Community Development, dated January 10th regarding
Community Development Block Grant Program Monitoring Report.
Letter of resignation from Scott Austin, 9 Robin Hill Road, from the Zoning Board of Appeals
dated December 28th. (Board should vote to accept resignation.)
Motion: To accept.
(Dolan! Achille 5-0) Passes
Letter from Rich Havens, Time out Productions, seeking approval for its 21 st Annual
Massachusetts Triathlon on Sunday, August 21st through town following same route as 2004.
(Board to approve bicycle portion through town pending recommendation from Police
Department, etc.)
r
Motion: To approve.
(MacCaffrie/ Achille) 5-0 Passes
Memo from Town Manager regarding repairs to the kitchen at the North Main Street Fire Station
dated January 20th. Town Manager indicated the Fire Department is moving forward with the
Project based donations receivedfrom the community. At this time, it does not appear that the
Fire Department will need to request funds at Town Meeting to complete the kitchen upgrade.
Memo from Town Manager regarding wastewater capital depreciation account dated January
26th.
Notice from Department of Environmental Protection dated January 26th regarding release of
transformer fluid from a pole-top transformer following a motor vehicle accident at Chauncy
Street and Forbes Boulevard.
Correspondence from Department of Housing & Community Development dated January 21 st
regarding the Chapter 40B Subsidized Housing Inventory.
Memo from Town Manager dated February 1 st regarding Fire Department Ladder Truck. (Town
Manager would like to proceed with public bid of truck.)
r
Discussion: The Town of Mend on expressed possible interest in purchasing a 1977 American
LaFrance ladder truck currently on loan from Mansfield to the Town of Norwood. A previous
attempt to sell the Fire Truck with a minimum $25K bid price was unsuccessful. Town Manager
Board of Selectmen Minutes of February 2,2005
5
r
asked the Board to provide input and a direction to proceed in this matter. Selectman Dolan
and Selectman Amoruso voiced a strong opinion that the Town should be able to obtain a
minimum of value of $25,000 for the fire truck, and would not agree to accept anything less than
this amount for the ladder truck.
Motion: To proceed with Public Bid of (1) 1977 Americal LaFrance ladder truck with a
minimum bid price of $25,000. (Dolan/Amoruso) 5-0 Passes
Memo from Town Manager dated February 1 st regarding Deficit Spending on Snow and Ice.
(Board needs to vote to deficit spend this account.)
Motion: To approve.
(McCue/Amoruso) 5-0 Passes
Letter from Nancy Leonardo, Comcast, dated January 27th. transmitting 2004 Annual Consumer
Complaint Form. Copies of the report were provided to each Selectman in their folders that
evening as requested.
r-
Barbara Rose, 8 Branch Street, Mansfield;
. Sincere thanks are expressed to the Mansfield Police Department for the official police
escort provided by the Police Department during the recent funeral of Lieutenant
Colonial Lester McGoldrick. Mr. McGoldrick was a long time Mansfield resident,
veteran, and instrumental in the development ofthe Town's "Rails to Trails" recreation
path project.
. Ms. Rose inquired about the possibility of snow plowing the paved Rails to Trails trail
with a small plow or blower for continued winter use. Selectman McCue commented
that the path is technically a public way. Town Manger agreed to investigate further.
George Dentino, 2 Gladiola Terrace, Mansfield;
. Request to Selectman Dolan to retract a statement regarding consequences of
appointment( s) to the Board of Assessors.
.
Clarification requested as to why the Cecil Group who was hired by the Town of
Mansfield as part of a grant project, is now working with private business owners
(Clemmey, Ditchman, and MBTA etc.) to develop private property in the same area.
r-
Town Manager explained that the Cecil Group was hired by the Town based on a grant
funded by the Environmental Protection Agency to prepare a "Site Re-use and
Development Plan" for the Hathaway Patterson property. Town staff has been working
with the Cecil Group and residents for over a year to determine a consensus among the
community as to how this property should be utilized Once a determination is made
regarding re-use, the Town would give direction to the EP A to proceed with the
Board of Selectmen Minutes of February 2, 2005
6
,,-..
r-
.~
"
appropriate degree of site clean up required to accommodate the Town'sJuture
development. A conceptual plan recently presented for discussion provides an option for
single-family dwellings on this site.
Town Manager added that the Town had contacted the EP A some time ago and received
approval to expand the scope of the grant project to include neighboring properties in
order to address access issues through Rt. 106. Mr. Dentino asked to see proof of the
agreement by asking Town Manager to provide him with a copy of the approved contract
amendment.
Town Manager and local Department Heads met with the Board of Selectman recently to review
requests for new personnel. Town Manager will provide copies of documentation to support the
position requests, to Board members who were unable to attend the original presentations.
Town Manager plans to issue a memo to the Board of Selectman and Finance Committee, which
would outline the means to implement new positions within the current budget restraints.
Town Manager gave a brief review how local aid may impact the Town's local budget.
A public workshop is scheduled on Tuesday, February 8, 2005 at Town Hall to review and
discuss trash collection options for the Town. The Town's contract for trash collection will
expire in the upcoming fiscal year. Selected vendors and local residents are invited to attend
Selectman Amoruso:
· Mr. Amoruso asked Town Manager for a current estimated cost of snow removal debt.
Town Manager estimated the current debt for snow removal to be approximately $80K-
$120K above the budget appropriatedfor this item, however the Town of Mansfield
would be entitled to receive reimbursement from the State for snow removal services
provided during a recent declared State of Emergency (Snow Blizzard January 24 -
January 26, 2005).
Selectman Dolan:
· Questioned if the Town had scheduled any meetings to begin the Captial Improvements
Plan process. As of this date there are no meetings scheduled. CIP meetings are
typically scheduled to begin starting in late February or early March. Selectman Dolan
urged that the proceedings begin as soon as possible. Town Manager will follow up.
· Selectman Dolan attended a 2 1Iz hr. meeting held at Town Hall on Tuesday, February 1,
2005 with staff and local business owners. The purpose of the meeting was to begin to
establish a comprehensive design plan to develop the Hathaway Patterson property.
· The Town of Mansfield is exploring a Transit oriented development whereby funds may
be available to create roadways in the downtown area.
Board of Selectmen Minutes of February 2, 2005
7
r
· Selectman Dolan observed the snow removal process first hand by riding in a Town plow
for a portion of the January snow storm. Mr. Dolan commented that due to the severity
of the storm, the snow removal efforts by the DPW Department were tremendous. To
enhance the snow removal efforts on neighborhood streets, residents should remember to
pull vehicles all the way in their driveway and bring in curbside basketball hoops as well.
· Congratulations are extended to Zoning Board of Appeals member Eric Butler on the
recent birth of his new granddaughter Brook Butler.
Selectman McCue:
· Selectman McCue noted he attended a Selectman's Association meeting earlier that day.
Selectmen McCue was elected as President of the Selectman's Association for Bristol
County during the Massachusetts Municipal Association annual coriference in January.
Selectman MacCaffrie:
· Selectman MacCaffrie questioned a recent increase associated with design costs for the
Rt. 495 southbound ramp. It's the Town understanding that a contract is in place
between Mass Highway and Bank of America to pursue design for a northbound ramp
access. Town Manager responded he has a meeting scheduled with the engineer (VHB)
next week to discuss a plan recently submitted by Mass Highway to expand the scope of
r- design work to include northbound ramp access. Based on prior input from residents
and the Town of Norton, the Town of Mansfield does not support movingforward with
northbound ramp.
(Amoruso/McCue) 5-0 Passes
(}3eman[ 7. (j)o
Signature of Clerk
Pe6ruary 9, 2004
Date of Approval
r
Board of Selectmen Minutes of February 2, 2005
8