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HomeMy WebLinkAboutBOS MINUTES 5-29-1985BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PRESENT: Chairman D'Onofrio; Selectman Levine, Mahana; Acting Town Manager; Selectman McNair arrived at 9:14 P.M. 1. The meeting was called to order at 7:41 P.M. and the Flag saluted. * MOTION: To appoint Selectman Mahana Clerk for tonight. D'Onofrio /Levine VOTED: 2 -0 1. Minutes of May 22, 1985 * MOTION: To approve the Minutes of May 22, 1985. Mahana /Levine There was some clarification requested in the first paragraph on Page 4, as well as an addition under Item 9.b), top of Page 7, and Item 9.d) added. The Minutes were then approved as amended. VOTED: 3 -0 2. Licenses and Permits a) Liquor License Transfer for the Sheraton Mansfield Inn and Conference Center, from Mansfield Motor Inn, Inc. to Mansfield Hotel Corp. b) Liquor License Transfer for the Quality Inn, from Foxfield Motor Inn Limited Partnership to Foxfield Hotel Corp. Attorney Michael M. Brasman, of Simonds, Winslow, Willis & Abbott of Boston, was present to explain these two transfers of ownership. Inncorp Management Corp. will continue to manage both, with Harry Axelrod remain- ing for approximately one year in the capacity of a consultant. The Manager will continue to be Michael Tropp at the Sheraton; the Quality Inn will have a new manager, Dennis E. Landry. The new owners for both, will be the Blakeley Company, 85 Devonshire Street, Boston. The hearing for these two Liquor License Transfers will be June 19th at 8:00 P.M. and 8:15 P.M. During the discussion by Mr. Brasman, the Chairman interrupted to ask for the following motion, at 8:00 P.M. * MOTION: To open the Public Hearing and recess for ten minutes. Mahana /Levine VOTED: 3 -0 3. Public Hearing /Christopher's Restaurant The Clerk read the Notice of Public Hearing and the Police Officer's report, as read at last week's hearing. The Chairman then asked the Clerk to swear (, in all those making statements tonight, explaining he wants them to be made BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PAGE 2 under oath, as follows: I certify that the statements made by me to be true to the best of my ability. Officers Roger Miller and Peter Vargas, as well as George, Christopher and Ted Kesaris were all present and took the oath. Officer Vargas said the report and subjects, as given, are accurate, and that Subjects 1 and 2 were Involved Participants, Subject 3 was a witness of the violation. Officer Miller sub- stantiated this. George Kesaris, the name on the Liquor License said he had nothing to add. Chris Kesaris said he had researched the incident and wants to apologize to the Town and the Police. There being no further disucssion, the Chairman closed the hearing and asked for a recommendation from the Chief of Police; it was a one -day suspension of the license. * MOTION: For a one -day suspension of the Liquor License at Christopher's Restaurant. Levine / Mahana The Chairman then advised that the law requires the suspension to be thirty days after Board action in order to allow time for an appeal. AMENDED MOTION: To the 31st day - June 28th. VOTED: 3 -0 Selectman Levine then suggested to George Kesaris, whose name is on the license, that perhaps someone else's name, or names, should be used, since the Board has been advised that he is not often at the restaurant and, if he is not the one running the restaurant, it could cause him trouble down the line as the one held responsible. Chris Kesaris then asked if the suspension couldn't be another day, because Friday is one of their busiest days, when they have entertainment, etc. Selectman Mahana then suggested that when the Board establishes a formal pol- icy that all license holders receive a copy of it. He went on to say that if and when such a policy is adopted, Christopher's will see they are getting off easy tonight. Chairman D'Onofrio reminded them that if they feel they are being treated unfairly, they have the right to appeal. 4. Finance Committee Appointment Three applicants were interviewed, all meeting the Board at the same time, for an unexpired term on the Finance Committee, to January 1, 1987: Robert P. Whitney, 5 Granada Circle Steven E. Chapman, 123 Union Street *Kevin M. Sullivan, 4 Dean Street BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PAGE 3 All three were given thought provoking questions and showed good potential so that the choice was not easy. Kevin Sullivan was appointed. 5. Warrant #49 * MOTION: To approve Warrant #49 in the amount of $739,695.56, dated May 29, 1985, broken down as follows: General Fund - $579,265.42 School Lunch - 13,367.05 Special Revenue - 11,221.77 Sewer Enterprise - 3,191.87 Water Enterprise - 20,115.44 Electric Enterprise - 112,534.01 McNair /Mahana VOTED: 3 -0 Levine abstained 6. Licenses and Permits (cont'd c) Transfer Request #18 in the amount of $300.00 for the Assistant Inspec- tor. * MOTION: To approve Transfer Request #18 in the amount of $300.00 McNair /Levine VOTED: 4 -0 d) Transfer Request #20 in the amount of $6,573.37 for Fire Expense. * MOTION: To approve Transfer Request #20 in the amount of $6,573.37. Selectman Levine voiced concern for this transfer, believing that a Transfer Request is for a bill due, and this does not indicate such. Chairman D'Onofrio asked the Acting Town Man- ager to obtain an analysis of this from either the Fire Chief or Accountant. * MOTION: To table Transfer Request #20. McNair /Levine VOTED: 4 -0 e) Transfer Request #21 in the amount of $2,050.00 for contract negotiations counsel, for the Fire Department and the DPW. * MOTION: To approve Transfer Request #21 in the amount of $2,050.00. Mahana /McNair VOTED: 4 -0 7. Correspondence a) Letter from Burton L. Schafer, Atty., re:.Article for Special Town Meeting. BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PAGE 4 b) Copy of letter from Chairman of Zoning Board of Appeals to Chairman of Finance Committee re: Board of Appeals' Transfer Request. c) Letter from Executive Office of Communities & Development re: Small Cities Program funds increase. d) Letter from Rep. William Vernon re: Proposed State take -over of County jails. - Chairman D'Onofrio offered a brief interpretation of the material Rep. Vernon had enclosed. MOTION: That the Board go on record as opposing the take -over of the County jail system. D'Onofrio /Levine Selectman Levine observed that she has never seen the State do a more efficient, less expensive job. Chairman D'Onofrio strongly urged the Board to stop the take -over. VOTED: 3 -0 Mahana abstained e) Letter from President of Fall River Area Chamber of Commerce & Industry re: Program to explore effects the new Federal budget will have on the southeastern Mass. economy; to be held June 18th in Westport. f) Schedule for Bristol County 300 Tricentennial Opening Ceremonies, June 2nd. - The Board's representative for this event, Selectman Levine, outlined the many activities and promotions_ planned and taking place around the County. The first is in Taunton, June 2nd; she will represent Mansfield and place the Mansfield star. Bob Hope will be at this ceremony. She explained that June 2nd was the actual date that the County was incor- porated. She then suggested that the Board of Selectmen march, carrying a banner, in the Attleboro July 4th parade. The Acting Town Manager is to see what is available, such as a flag, banner, etc.; if nothing, it was suggested that Bill Cross be contacted. g) Letter from Rep. Barney Frank re: Federal budget. h) Letter from Array Corps of Engineers re: Inspection of Wastewater Treatment Plant May 21st. i) Letter from Rena Swyers re: Use of Spaulding School for a Montessori School. j) Memo from John Larch re: Attendance at the two Town Manager applicant receptions. BOARD OF SELECTMEN MINUTES OF MEETING t MAY 29, 1985 PAGE 5 k) Letter from Boy Scout Troop 17 Committee Chairman, William Flannery, re: Ceremony honoring new Eagle Scout, Leo S. Huott, Friday, June 7th. - Chairman D'Onofrio said the Board was pleased and honored to have Mr. Huott in the audience tonight. He explained that June 7th was an even- ing when the Board would be meeting with new Town Manager applicants so they would not be able to attend the ceremony in his honor, but to please take the Board's best wishes with him. * MOTION: That the Board prepare a certificate of recognition for Mr. Leo Huott. Mahana /Levine VOTED: 4 -0 1) Letter to Acting Town Manager from Town Counsel re: Handicapped Parking enforcement in private parking lots. Summed up, it indicates the Town cannot supersede the State stutute, which is as follows: * MOTION: Adopt first offense $15.00, second offense $25.00, and for each subsequent offense the vehicle may be removed, for all vehicles across town. Mahana /McNair Discussion followed concerning the $50.00 fine, as voted by the Board recently, for public parking space violations vs. the dif- ficulty this would create on the tickets. Consensus was that the Board would prefer differential structure if it can be handl- ed. AMENDED MOTION: Ask Jesse Earls to see if a differential fee could be incorporated into the printing of the tickets, and to get back to the Board through Joan Cutillo. VOTED: 4 -0 m) Letter from Chairman of the Recreation Commission, Tony Videtto, request- ing that Lou Cinelli's plaque be presented at the Board of Selectmen meet- ing June 5, at 8:30 P.M. - This is to be scheduled, along with Ed Vernon. n) Memo from Police Chief re: Radar citations and Disturbances Related to Licensed Liquor Establishments. 8. Old Business a) Joan Cutillo reported that the Finance Committee will be meeting Thurs- day evening and will be going over budgets; they will also review the ( Transfer Requests. They expect to meet every two weeks until the end of the fiscal year. BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PAGE 6 b) Joan Cutillo had a shortened Water Supply Status Report from the DPW Direc- tor indicating current usage is only 75% of that in 1981 when rainfall was low. She said she has asked the DPW Director to give the Board three weeks notice of pending shortages. It was the Board's wish to have the water supply report broken down by each well in the future. c) Joan Cutillo reported that two men from the Local Mandate Division had been in to talk with her. They took copies of all the correspondence con- cerning the Stearns Ave. /Hercules site with them, and will get back to her with their determination as to whether the Town had been "mandated" or not. d) Chairman D'Onofrio reported on the Memorial Day exercises, including the inquires from some people about cleaning the doughboy. Joan Cutillo said so far the office has not been able to find anyone who will do the job, but that it has been turned over to the Library Director to research. The Museum of Fine Arts in Boston was suggested as a source of information. e) Chairman D'Onofrio said he and Selectmen McNair and Mahana had an inspec- tion of the new Wastewater Treatment Plant over the weekend, and they have some concerns. f) Joan Cutillo reported that there are some problems in connection with the dog kennel situation, but that there is a plan to provide a facility at the new landfill site, and it will be incorporated as part of the overall project. 9. New Business * a) MOTION: To set the summer schedule for Board of Selectmen meetings as follows: July 10th and 24th, August 7th and 21st. McNair / Mahana VOTED: 4 -0 b) Selectman McNair would like an opportunity to study the summer fees for Recreation Department summer activities for children; he said some are $60.00 per child. He would also like to know the amount in the Revolving Fund. - Chairman D'Onofrio suggested that since the Accountant was meeting with the Board next week, perhaps she could come prepared with this informa- tion. The Acting Town Manager advised that she has discussed the problems of the Recreation Commission with its Chairman, and they are to try to work it out; if there are continuing problems they will come to the Board. She said that the computer will soon be able to keep track of funds com- ing in and going out for the various programs, which should help in the evaluation of the Recreation Department funds. - Selectman McNair said he had heard of a donation and would like a follow - up on this; he gave no particulars. BOARD OF SELECTMEN MINUTES OF MEETING MAY 29, 1985 PAGE 7 c) Chairman D'Onofrio handed out a prepared Memorandum giving the names, home towns, dates and interview times for each of the Tom Manager appli- cants due in Mansfield this weekend and next. These also went to the members of the press. d) Chairman D'Onofrio also had a prepared draft-,Policy on Liquor License Vio- lations, which he asked the members of the Board to review for future dis- cussion. Selectman Mahana suggested that when a policy is adopted, it be sent to the ABCC for their approval or disapproval, suggestions, etc. 10. Adjournment * MOTION: To adjourn at 10:27 P.M. McNair / Mahana VOTED: 4 -0 MINUTES APPROVED: ler Date signed