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HomeMy WebLinkAboutBOS MINUTES 12-11-1985BOARD OF SELECTMEN Lr��tS MINUTES OF MEETING DECEMBER 11, 1985 II DEC 9 PRESENT: Selectmen McNair, Mahana, Dunn; Town Manager Selectman Levine arrived at 7:40 P.M. * 1. The meeting was called to order and the Flag saluted at 7:30 P.M. MOTION: To have Selectman Mahana serve as Chairman tonight. Dunn /McNair VOTED: 2 -0 2. Minutes of December 4, 1985 * MOTION: To approve the Minutes of December 4, 1985. McNair /Dunn VOTED: 2 -0 Dunn abstained 3. Warrant #25 * MOTION: To approve Warrant #25 in the amount of $1,242,348.38, dated December 11, 1985, broken down as follows: General Fund - $747,896.43 ( Revenue Sharing - 220.77 School Lunch - 6,563.63 Special Revenue - 21,276.50 Motor Pool - 326.91 Sewer Enterprise - 207,836.37 Water Enterprise - 17,023.14 Electric Enterprise - 241,204.63 Dunn /McNair VOTED: 3 -0 4. Licenses and Permits a) Application for One -Day Full Liquor license by Tri- County Beagle Club, for December 31, 1985, hours 7:00 P.M. - 12:30 A.M. * MOTION: To approve the One -day Full Liquor License for Tri- County Beagle Club. Dunn /McNair VOTED: 3 -0 * b) MOTION: To ask Town Counsel to review the Cable Vision Limited Part- nership License information and report back. McNair /Dunn VOTED: 3 -0 * c) MOTION: To approve the Renewal Affidavit for Christopher's Restaurant, 60 Oakland Street, Restaurant All Alcoholic Liquor License. McNair /Dunn VOTED: 4 -0 * P1 BOARD OF SELECTMEN MINUTES OF MEETING \. DECEMBER 11, 1985 PAGE 2 * d) MOTION: To approve the following Common Victualler Renewal Applica- tions: - Newport Creamery - The Fresh Catch, Inc., William R. Sarro - Marcello's Sandwich Shoppe - Mansfield House of Pizza - Augat, Inc. - Debbie Donuts & Coffee Shoppe - A.L.E., Inc., d /b /a Homestead Restaurant - Roscoe's Cafe, George R. Terrill - Sweet N Crafty, Mary Ann Piccoli -Botti - Regent Cafe, Inc., Emma Pascocci - McNair abstained - Mister Donut, Larsen Enterprises, Ltd. - Old Colony Diner, Joseph & Margaret St. Onge - Mansfield Council on Aging - Datel Systems, Inc. - Quality Inn of Mansfield - Cousin's Pizza & Subs, Inc. - D'Angelo, Inc. - Sheraton Mansfield Inn & Conference Center - McNair abstained - Christopher's Restaurant & Lounge - Wendy's, Cape Food, Inc. - Dunn abstained - Set Point, Inc., d /b /a Tennis 95 - Willowdale Golf Course, Inc. - McNair abstained Levine /Dunn VOTED: 4 -0 (With abstentions as indicated) MOTION: To waive the fee for the Council on Aging Common Victualler License. McNair /Dunn VOTED: 4 -0 * e) MOTION: To approve the following Class I Agent's or Seller's License for Second -hand Motor Vehicles: - Old Colony Motors, Inc. - Vicino Buick Pontiac GMC, Inc. - Vickery Motors, Inc. - Tom Flurkey Chevrolet, Inc. McNair /Dunn VOTED: 4 -0 MOTION: To approve the following Class II Used Car Dealer's License, Class II: - Clemmey, Inc. - Webb Auto McNair /Dunn VOTED: 4 -0 - Dane Street Garage - South Main Shell, Inc. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 3 * MOTION: To approve the Class III Motor Vehicle Junk License for Clemmey, Inc., 390 West Street. McNair /Levine VOTED: 4 -0 * f) MOTION: To approve a Lodging House License for Philip Finer, Jr., d /b /a Ye Olde Barn. McNair /Levine VOTED: 4 -0 * g) MOTION: To approve the following Weekday Music Machine applications: - Quality Inn of Mansfield - Regent Cafe, Inc. - McNair abstained - A.L.E., Inc., d /b /a Homestead Restaurant - Christopher's Restaurant & Lounge Dunn /Levine VOTED: 4 -0 (With abstention as noted) * h) MOTION: To approve the following Live Entertainment, Weekdays only, license applications: - Quality Inn of Mansfield - A.L.E., Inc., d /b /a Homestead Restaurant - Sheraton Mansfield Inn & Conference Center - McNair abstained - Christopher's Restaurant and Lounge Levine /Dunn VOTED: 4 -0 (With abstention as noted) * i) MOTION: To approve the following Automatic Amusement Device License . Application renewals, Weekdays Only: - Cooke's Family Food Mart, Inc., 2 Video -type - Regent Cafe, Inc., 1 Coin - operated Pool and /or Billiards - McNair abstained - A.L.E., Inc., d /b /a Homestead Restaurant - 1 Coin - operated Pin -ball Game, 1 Coin - operated Simulated Driving and /or Racing Game, and 1 Video -type Game. - Mansfield House of Pizza - 1 Electronic Gun or Target Game - Christopher's Restaurant & Lounge, 2 Video -type Games - Set Point, Inc., d /b /a Tennis 95 , 2 Video -type Games Levine /Dunn VOTED: 4 -0 (With abstention as noted) 5. Juror Selection a) Fall River District Court, Criminal Session, January 6, 1986: - Pamela Wills, 231 Winter Street BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 4 b) Fall River Superior Court, Civil Session, January 6, 1986 - Martin Roche, 125 Otis Street c) New Bedford Superior Court, Criminal Session, January 6, 1986 - Roger M. Bergeron, 285 Plain Street - Diane McMullen, 450 East Street - Carolyn Ducette, 58 Brook Street - Amid Samrout, 38 Maple Street 6. Correspondence a) Copy of Memorandum from John Dunn to members of the 5 -Year Planning Committee. b) Letter to Town Manager from Andy Gala, Foxboro Town Administrator, re: Amendment to WWTP Agreement. The Clerk read the letter, then the Town Manager reviewed the back- ground. Originally Mansfield had placed a term of 20 years in the agreement; Foxboro wanted an indefinite term, which the Mansfield Board agreed to. Now they have reversed themselves, because their bond issue will be for 25 years, so the agreement should then be for the term of the bond. * MOTION: That the Agreement be amended to specifically state the per- iod of 25 years, after which time said agreement would be re- newed subject to ratification by Town Meeting vote. McNair /Levine VOTED: 3 -0 Dunn abstained c) Letter from Chairman Kevin P. Blanchette, Committee on Public Service, re: House Bill 6939. d) Letter from Executive Director of MMA, James Segel, re: House Bill 6939. e) Letter from Dept. of Revenue advising the Board that the Sheraton Mans- field Inn has complied with requirements. f) Notice from EPA re: Limit on allowable costs under grants for construc- tion of publicly owned treatment works. g) Memorandum from Mass. Department of Education re: Submission of End of Year Reports. h) Notice from New England Telephone re: Addition of new exchange code in Mansfield area: 261. i) Copy of ABCC Warning for Holiday Season. - To be given to each Licensee with their 1986 license. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 5 7. Ed Broderick Ed Broderick gave each Board member a copy of a map of the West Mansfield area where he is planning development; also a list of four issues to be addressed. He said he has reached a stage in design analysis where the listed four issues must be addressed, all of which centered around sewer - ing for the area. His map showed proposed sewer lines, pump house and force main which, he said, will deviate somewhat from the Master Plan, but that he is trying to develop a plan that will be acceptable to Cabot Cabot & Forbes plan also. It is his intention to pay for installation of any sewer, but he is holding up road building in Camelot Estates now, so would like an answer very soon; he would prefer to put in sewer, but will use septic systems, if necessary. He said they have run several perc tests with good results in the area. Selectman Dunn said the Master Plan was based on the most efficient method, and he would want an engineer with a background in this area to look at it; Camp Dresser & McKee was suggested. Selectman Mahana would giant to know about maintenance of pumps, and also ask CDM for a time frame. He went on to say he appreciates Ed's approach, indicating cooperation be- tween the developer and the Town. Discussion followed about possible alternatives, gravity flow, and locations. Concensus was to ask the Town Manager to give Camp Dresser & McKee Ed's rationale behind the route he has chosen and ask for an expedited opinion, as well as possible options, with as much conformity to the Master Plan as possible, or that can be adapted to the Master Plan. 8. Ralph E. ,Cain, Jr. Mr. Cain was present to answer any questions the Board might have pertain- ing to his Application for Transfer of the Sherman Central Liquors, Inc., d /b /a Mansfield Central Liquors, Inc. All Alcoholic Package Store License, William R. Sherman, Manager to Villa Liquors, Ralph E. Cain, Jr., Manager. He also had submitted an application for Change of Manager from William R. Sherman to Ralph E. Cain, Jr., effective during the interim period until the transfer is approved. * MOTION: To set a hearing date for transfer of the Sherman Central Liquors, Inc., d /b /a Mansfield Central Liquors, Inc. All Alcoholic Package Store License, William R. Sherman, Manager for January 8, 1985. Dunn /Levine VOTED: 4 -0 * MOTION: To accept the immediate change of Manager from William R. Sherman to Ralph E. Cain, subject to receipt of the Police Chief's back- ground check on Mr. Cain and completion of the guidelines estab- lished by the policy of the Board. Levine /Dunn VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 6 9. Old Business a) The Town Manager advised that there needs to be a contact person ap- pointed, for the Public Works Economic Development Grant, to replace the DPW Director who served in that capacity; he went on to say he sup- posed he was the most logical person. * MOTION: To appoint the Town Manager as the contact person for the Public Works Economic Development Grant. McNair /Dunn VOTED: 4 -0 b) Selectman Levine voiced concern that the letters to the many employees and Civil Defense volunteers who had given so much time following Hur- ricane Gloria, had never gone out. The Town Manager said he had under- stood the Electric Department would do them on their word processor; he will check into it. c) Selectman Dunn asked if a letter had gone to the Building Inspector yet, expressing the Board's opposition to the proposed Tighe Trucking Terminal. The Town Manager said the Building Inspector had not re- received a request for a Building Permit yet. He understands the Build- ing Inspector and Planning Board have asked for an engineering review. Tighe Trucking has met with the Conservation Commission, which approved their plans with some modifications. Selectman Dunn felt it is time for the Board of Selectmen's concerns to be sent; he said he will write the letter. d) Selectman Dunn then said he believes the Selectmen do not have a SRPEDD representative since the resignation of Joe Zeneski, and he would like to see someone appointed soon. 10. New Business a) The Town Manager said there are two contracts still to be negotiated; the Fire and Police. The Police have indicated, to him, a readiness to start. The Town Manager was asking the Selectmen for guidelines, and suggested an Executive Session either this week or next. Consensus of the Board was to hold one after tonight's regular meeting adjourned. b) Selectman Dunn reported on the Industrial Zoning Study Committee which, he said, plans to meet each Monday, in the hope of having a plan formu- lated by February - in time for Town Meeting. He said they feel they need a secretary to record Minutes of their meetings and, possibly, some "light" consultant work; they would like to be able to have $1,000 allotted for these two expenses. He said they also would like to have a member of the Board of Health on the committee. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 7 MOTION: That we modify the structure of the Industrial Zoning Commit- tee to include the Board of Health. Dunn /Levine VOTED: 4 -0 Discussion concerning the $1,000 led to the feeling that the work of the committee was most closely related to the Planning Department and the secretary fees should come from the Planning Department Salary Account. Consensus was to support the need for a secretary and her pay to come from the Planning Board Salary Account. c) The Clerk, Selectman McNair, read a letter from Town Counsel concern- ing Karl Clemmey's request for an amendment to the Covenant, which was discussed two weeks ago. He had included a True Copy of Article 14 as presented and voted at the 1981 Special Town Meeting of October 5, 1981, and a letter from the then Town Counsel, Charles Mulcahy. Both Town Counsel, Jack Dwyer and Charles Mulcahy, dropped in while this matter was being discussed, and they indicated that neither Town Meet- ing or the Board of Selectmen had voted on this Covenant, therefore, the Board has no legal right to change the Covenant. It was suggested prior to Messrs. Dwyer and Mulcahy's arrival, that an expert in real estate law be consulted, and table the issue fora week. Charles Mul- cahy explained that the purpose of the covenant was that if any utili- ties were to be installed on the land owned by the signees, it would be at the expense of the propery owners. The Covenant was drawn up as a ploy for a change in zoning, and actually the Town was the bene- ficiary of the Covenant. MOTION: To advise Mr. Clemmey that the records show there was no acceptance or rejection of the Covenant by the Town Meeting or the Board of Selectmen. Dunn /McNair Further discussion indicated the letter would not go out until the Board receives proof from the Minutes of Town Meeting and Board of Selectmen. It will then be up to Mr. Clemmey, or his legal counsel, to take any action they wish. 1ILIjINg01 11. Adjournment MOTION: To go into Executive Session for the purpose of discussing union negotiations, to come out only to adjourn. POLLED: 4 -0 The meeting broke up at 9:45 P.M. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 11, 1985 PAGE 8 MINUTES APPROVED: perk Date signed