Loading...
HomeMy WebLinkAboutBOS MINUTES 12-2-1992BOARD OF SELECTMEN AGENDA December 2, 1992 Ali DEC 21 f l'1 2: 0° U L- 1 J C I IS 1. 7:00 P.M. Review of Correspondence 2. 7:30 P.M. Meeting Called To Order a) Salute the Flag b) Minutes of Nov. 18, 1992 c) Warrants #23 & #24 d) Licenses & Permits e) Correspondence 3. 7:50 P.M. Public Hearing /New England Telephone 4. 8:00 P.M. Public Hearing /Cable TV License Renewal 5. 8:30 P.M. Bird Road Agreement 6. 8:45 P.M. East Mansfield Sewer /MPF Contracting 7. 9:00 P.M. Planning Board Proposed Warrant Article 8. Old Business a) Town Manager b) Selectmen - Town Hall hours continuation - Planning Board filing fee - Joanna Drive 9. New Business a) Town Manager - Community Policing Report - DMSE Triathalon request 10. Adjournment BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PRESENT: Chairman Tartufo; Selectmen Pasquale, Penney, RobTXn dn, Co)wl'la Town Manager 1. The meeting was called to order at 7:35 P.M. and the Flag saluted. 2. Minutes of November 18, 1992 * MOTION: To approve the Minutes of November 18, 1992. Robinson /Colella VOTED: 4 -0 Penney abstained 3. Warrants #23 and #2 * MOTION: To approve Warrant #23 in the amount of $892,560.10, dated November 23, 1992, broken down as follows: General Fund - $419,236.33 School Lunch - 4,915.48 Special Revenue - 9,193.42 Capital Projects - 35,136.02 Sewer Expense - 12,587.10 Water Expense - 18,446.33 Electric Enterprise - 393,045.42 Robinson /Colella VOTED: 5 -0 * MOTION: To approve Warrant #24 in the amount of $1,484,075.65, dated December 2, 1992, broken down as follows: General Fund - $1,323,945.37 School Lunch - 13,369.26 Special Revenue - 21,839.47 Capital Projects - 48,428.91 Sevier Expense - 10,454.74 Water Expense - 7,844.22 Electric Enterprise - 58,193.68 Robinson /Colella VOTED: 5 -0 4. Licenses & Permits a) Board members signed the Easement Agreement for access to the Plymouth Street property as executed by Cabot Partners. b) Application for a Sunday Entertainment License for A.L.E., Inc. d /b /a Homestead Restaurant and Sundown Saloon. * MOTION: To approve the Sunday Entertainment License. Penney /Robinson VOTED: 5 -0 c) Board members signed a form, for the Treasurer, stating not more then 10 million will be spent in FY -93, on the East Mansfield sewer. BOARD OF SELECTMEN MINUTES OF MEETING ( DECEMBER 2, 1992 PAGE 2 * d) MOTION: To approve the following Restaurant All Alcoholic License renewals: Homestead Restaurant & Sundown Saloon Jimmy's Pub Ladonna Restaurant Cheng -Du Restaurant Geno's Restaurant & Lounge Jim's Old Colony Diner Regent Cafe Tahana Restaurant Willowdale Golf Course Pasquale /Robinson VOTED: 5 -0 Colella abstained on Regent Cafe * MOTION: To approve the following Restaurant Wines and Malt License renewals: Roscoe's Cafe Classic Pizza Great Woods Performing Arts Center Pasquale /Robinson VOTED: 5 -0 * MOTION: To approve the following Wines and Malt Package Store License renewals: Old Country Store Mansfield Variety & Deli Robinson / Colella VOTED: 5 -0 * MOTION: To approve the following All Alcoholic Package Store License renewals: Bristol Liquors West Mansfield Variety Dubs Discount Liquors Villa Liquors Pasquale /Robinson VOTED: 5 -0 * MOTION: To approve the following Club All Alcoholic Club License renewals: American Legion Mansfield Post #198 Veterans of Foreign Wars Post #3264 Pasquale /Penney VOTED: 5 -0 * MOTION: To approve the following Innkeeper All Alcoholic License renewals: Holiday Inn - Mansfield Quality Inn, Mansfield Pasquale /Robinson VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING ( DECEMBER 2, 1992 PAGE 3 * e) To approve the following Common Victuallers License renewals: Choi Wah House Holiday Inn Mansfield Jim's Old Colony Diner, Inc. Willowdale Golf Course, Inc. Ladonna Restaurant, Inc. Tahana Restaurant Teixeira's Donuts of Mansfield, d /b /a HONEY DEW DONUTS Regent Cafe, Inc. Roscoe's Cafe Quality Inn - Mansfield Associated Vending of Mansfield, Inc. Marriott Food Services d /b /a Augat, Inc. F & W, Inc. d /b /a Pop Shoppe The Fresh Catch, Inc. Maximillian's Ice Cream Cafe Cape Food, Inc. d /b /a Wendy's Old Fashioned Hamburger V.F.W. Post #3264 Spiezio Enterprise, Inc. d /b /a Geno's Restaurant & Lounge Great Woods, Inc. d /b /a Great Woods Performing Arts Center Bernie's Ltd. Restaurant ( King's Kitchen Sweet N' Crafty Dubs' Discount Liquors Homestead Restaurant & Sundown Saloon Stefano's Jimmy's Pub Pasquale /Robinson VOTED: 5 -0 (Colella abstained on the Regent Cafe) f) Special Sunday Permit for sale of beer and wine November 29, December 6, 13,20,27, 1992, Mansfield Variety & Deli. Robinson /Pasquale VOTED: 5 -0 5. Questions & Comments a) Selectman Robinson mentioned the Christmas need for families; contri- butions may be dropped off at the Recycling Park. b) Selectman Robinson also mentioned the Jaycees help with leaf pick -up for senior citizens which will take place December 5th. * MOTION: That the Jaycees be able to use the recycling park for con- tributions for the needy December 5th and 12th. Robinson /Pasquale VOTED: 5 -0 l c) Chairman Tartufo announced the High School Football Team is now the Hockomock champion. The Super Bowl is Saturday, in Winthrop, and there will be a bonfire Friday night at Memorial Park. Selectman Colella suggested sending a form of recognition to the team. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 4 6. Correspondence a) Letter to "Interested Parties" from Secretary Padula, Executive Office of Communities & Development re: 1992 Subsidized Housing Inventory for all cities and towns in Massachusetts. b) Invitation to a Christmas Celebration from the Tri -Town Chamber of Com- merce, December 10th, 5 -7 P.M. at the New Lafayette House, Foxboro. c) Letter from Board of Assessors members, Alfred Turinese and Paul Folk - man endorsing re- appointment of Walter Main. d) Memorandum to the Board from Chairman of the Planning Board, William Madan, re: A proposed zoning by -law amendment. e) Letter to Municipal Boards and Commissions of Communities Located Within Inland ACECs re: Proposed changes to Wetlands Protection Regu- lations regarding ACECs; letter from Executive Office of Environmental Affairs Secretary Padula. f) Letter to the Board from Chairwoman of the School Committee, Dianne Royle, re: A member of the Board, or a designee, to join the Search Committee for a Superintendent. - Chairman Tartufo said he would be interested, or suggested the Town Manager, and also suggested that questions could be sent in. g) Letter to the Board from Supt. Paul O'Leary, S.E. Regional Vocational Technical School re: Meeting with School Committee to select a candi- date to represent the Town of Mansfield on the S.E. Regional School District Committee. - The Town Manager will check on a time frame. h) Eight (8) notices of public hearings from the Mass. Dept. of Public Utilities re: Polar Communications Corp. d /b /a Polarnet Communica- tions Corp. Investigation into proper rate for compressed natural gas offered by local distribution companies within the Commonwealth. Digitran Corp. Communications Gateway Network, Inc. Telecare, Inc. US Fibercom Network, Inc. Nucomm Test, Inc. Teledebit, L.P. d /b /a TELEDEBIT i) Letter to the Board from SRPEDD Executive Director and Director of Economic Development re: Endorsement of the Annual Update of the Over- all Economic Development Program for Southeastern Mass. (copy of which is attached). BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 5 j) Copy of letter to Chamber Member(s) from the Robinson School Court- yard Committee re: Request for community support for a garden in the courtyard area behind the school building. k) Copy of Memorandum to the Board, Board of Library Trustees and Mans- field Historical Society from Peg Bradner (former Mansfield librarian) re: Gift of a framed photograph of a portrait of Lord Mansfield. - The Clerk held it up for everyone to see. 1) Letter to the Board from Airport Commission member, Jeffrey Siena, expressing his desire to be re- appointed to the Commission. m) Letter to the Board from Conservation Commission member, Robert Poholek, advising he cannot afford the time to be re- appointed to the Commission. n) Letter to the Board from Marketing Manager of Cablevision Industries re: Announcement of its annual "Holiday Promotion" in conjunction with a local charity. Public Hearing /New England Telephone Mr. Patrick Lovett, Manager- Rights of Way, was present to explain and answer any questions regarding Petition No. 92 -09 for pole locations on Essex Street; the work being done in conjunction with the Mansfield Elec- tric Department. One resident questioned the location of poles in rela- tion to his property. There were no other questions. MOTION: To approve Petition No. 92 -09 Robinson /Pasquale VOTED: 5 -0 8. Public Hearing /Cable TV License Renewal Selectman Pasquale, member of the Cable Advisory Committee, opened the hearing by explaining the reason for the hearing is to consider a proposal from Cablevision Industries for a short -term, 90 -day, renewal of its cur- rent license. Mansfield's license will expire December 8, 1992 and there is need for more time for negotiations. Mo Prasad, Chairman of the Cable Advisory Committee, stated this has been a long and difficult process. He thanked Stephen Grossman, of CVI, for working hard at it. Selectman Robinson asked if service to Bird Road and South Street will be incorporated within the X90- days. Steve Grossman said it should be. Selectman Robinson also mentioned a Winthrop Street resident who does not receive cable. Selectman Pasquale asked Steve Grossman when the list of capital expenditures would be ready, which had been asked for; he was told the end of this week. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 6 MOTION: To reject the proposal for renewal of its license Cablevision Industries on June 22, 1992 under the eral cable license renewal proceedings, 47 U.S.C. Pasquale /Robinson submitted by informal fed - 546 (h). The Town Manager asked what will happen if it is not resolved in 90 days. He was told another extension or cable TV will cease to function. VOTED: 5 -0 MOTION: To accept the proposal of Cablevision Industries of November 18, 1992, as communicated in writing to Special Town Counsel, Howard Horton, under the informal federal cable license renewal proceed- ings, for a ninety (90) day license renewal in order to conclude the current license renewal prodeedings, with all terms and con- ditions of the current license incorporated into such ninety day renewal license and with the full reservation of rights of the Town and Cablevision Industries with respect to and to continue the ongoing current license renewal proceedings. Pasquale /Robinson VOTED: 5 -0 MOTION: To close the ascertainment period under the formal federal cable license renewal proceedings 47 U.S.C. 546 (a -g) as of December 10, 1992, with the exception of allowing Cablevision Industries until December 16, 1992 to respond in writing to any documents or testimony in the ascertainment record. Pasquale /Robinson VOTED: 5 -0 MOTION: To request Special Town Counsel, Howard Horton, to prepare a Request for Proposal ( "RFP ") to be issued to Cablevision Industries under the formal federal cable license renewal proceedings in such a manner to reflect the future cable related needs and interests of Mansfield subscribers and to remedy any non - compliance of Cable- vision Industries under its current license, such RFP to be ap- proved by the Issuing Authority upon advice of the Cable Advisory Committee prior to its issuance. Pasquale /Robinson Bill August, from Howard Horton's office, explained the "RFP" as a draft license. VOTED: 5 -0 9. Bird Road Agreement Serena Nardone, Jay Zola and Ralph Fram were all present. Jay Zola stated his escrow agreement was executed March 3, 1992 and he is now questioning the paragraph pertaining to release of funds. He explained they want to BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 7 to be able to use the $80,000 now in escrow. They need money to pay for the water pipe; they expect to do 1,500 feet. Serena Nardone said she wants her escrow agreement to read the same as Jay Zola's. Discussion led to inserting a deadline of June 1, 1993 if the Town is to install the top coat; Town Engineer, Bob Swanson, said to use the State funds it must be completed by June 1, 1993. * MOTION: To give Mrs. Nardone the same escrow agreement as given Mr. Zola. Robinson /Colella VOTED: 4 -0 (Tartufo out of room) 10. East Mansfield Sewer /MPF Contracting Michael Federico and John Ford, of MPF Contracting, were present. Town Engineer, Bob Swanson, advised Board members that MPF has requested a 30 -day extension due to the contract being held up, as well as poor soil they encountered. Selectman Robinson asked about a building permit for the pump house; Bob said it is not a 'structure'; wiring within the pump house has been in- spected. Selectman Robinson asked that someone check with the Building Inspector tomorrow about this. Selectman Robinson said he is not happy with Essex Street sinking. Also, one night there was a need for flashing lights at the Mill Street bridge; he called the police. When he asked for some way for residents to be able to get through blocked areas, he was told that would extend the finish date. Bob Swanson explained the late start plus the poor soil encountered, and advised there is a $1,000 /day fine, but he and the consultant feel the request for an extension is reasonable. Selectman Penney mentioned a big hole at Lawndale and Rt. 106 which needs patching. * MOTION: To extend the term of the contract for thirty (30) calendar days to December 30, 1992. Penney /Robinson VOTED: 4 -0 (Tartufo out of room) 11. Planning Board Proposed Warrant Article a) Bill Madan, Chairman of the Planning Board, first brought up his Board's request for a Special Permit fee for fast -food restaurants which had never been included in the schedule of filing fees. They suggest $250 plus an additional $0.115 per squre foot of lot area. * MOTION: To approve the fast -food restaurant filing fee as presented. Pasquale /Robinson VOTED: 5 -0 b) Proposed Zoning Article - Bill Madan stated his Board has a concern for spin -off from whatever goes into the Great Woods area. They are pro- BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 8 posing to use money from the recently received Municipal Strategic Planning Grant. The Planning Board recommends a temporary moratorium to allow proper evaluation of existing land use regulations and by -laws before the study area is subjected to intense development pressure. The moratorium would be on new construction and permitting of govern- mental, institutional and public uses, as well as business and indus- trial uses. The Planning Board is asking the Board of Selectmen to call a Special Town Meeting; the Planning Board will hold a public hearing December 16, 1992 to address the issue. Planning Board members have voted unanimously (6 members) for the moratorium. There will be a six month study period; recommendations resulting from the study would then be placed before Town Meeting. In no case is the temporary mora- torium, if approved, to last longer than one year from the date of its approval. Karl Clemmey was present and said he does not question having the study done, but the moratorium will only affect four land owners. John Walsh, an owner of land at Rt. 495 and School Street, said he wants to sell his forty acres without waiting en entire year. * MOTION: That we have a Special Town Meeting the second week in Janu- ary or thereafter, with concurrence of the Town Clerk. Pasquale /Robinson VOTED: 5 -0 Chairman Tartufo stated it was a very courageous move by the Planning Board to do this. 12. Old Business a) Each Selectman had been given a Memorandum from the Town Manager recom- mending continuation of the "experimental" Town Hall hours until December 31, 1993. * MOTION: To go along with the Town Manager recommendation to continue present Town Hall hours through December 31, 1993. Robinson /Pasquale VOTED: 5 -0 * b) MOTION: To appoint Leonard Flynn, 102 Jewell Street, to the Canoe River Aquifer Advisory Committee to fill a vacancy which will expire June 30, 1994. Robinson /Colella VOTED: 5 -0 c) Selectman Penney referred to the Williams Street bridge which Mass. DPW wants to move down stream. Some residents would like to see the bridge redecked and the road not straightened. d) Joanna Drive - The Town Manager reproted the contractor wants to place fill and build a continuous berm which, in essence, will close Old Maple Road. * MOTION: To approve the berm. Colella /no 2nd ( Tartufo out of room) Selectman Pasquale said he would like to hear from all abutters. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 2, 1992 PAGE 9 13. New Business a) The Town Manager called attention to copies of a report, "Neighborhood Policing; A Plan of Action For the Boston Police Department ", from Boston Superintendent -in- Chief, William J. Bratton. The Town Manager had received the report at a November Managers Meeting, which he felt was informative and structured. b) The Town Manager had a letter from DMSE, Inc. requesting permission to again run the bike course through Mansfield as a portion of their yearly Triathlon. The date is August 15, 1993. * MOTION: To approve subject to Police Department approval. Pasquale /Robinson VOTED: 5 -0 c) The Town Manager asked the Board to declare Sections 4 and 5 of Willis Street as surplus property, so that the sale may proceed, as scheduled, December 30, 1992. * MOTION: To declare Sections 4 and 5 of Willis Street as surplus property. Robinson /Pasquale VOTED: 4 -0 (Tartufo abstained) d) Selectman Penney mentioned the NPDES Hearing for the Wastewater Treat- ment Plant issue. He said it is important that people show up to indicate the Town's concern. The hearing is January 21, 1993. 14. Adjournment * MOTION: To adjourn (at 11:15 P.M.). Robinson /Colella VOTED: 5 -0 MINUTES APPROVED: " / ?° 1J '11 CZ* -e,1,1t_111J Clerk Date signed