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HomeMy WebLinkAboutBOS MINUTES 12-14-1994BOARD OF SELECTMEN DECEMBER 147 1994 Pli 12� l PRESENT: Chairman Robins85: "&11 Ronald, Selectmen Pasquale, Penney, and Royle William Williams, T.-,,. a el 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant Nos. 24 & 25 MOTION: To approve Warrant No. 24 in the amount of $1,340,609.79. (Penney - Royle) All in favor. PASSES. Selectman Royle abstained from all Board of Health items. MOTION: To approve Warrant No. 25 in the amount of $2,007,555.59. (Penney - Royle) All in favor. PASSES. Selectman Royle abstained from all Board of Health items. B. Licenses and Permits • Request from James Mark, Tahana Restaurant, requesting an extension of Tahana's closing hour from 1:00 AM to 2:00 AM on December 31, 1994. MOTION: To approve. (Pasquale - Royle) All in favor. PASSES. ® Application of Copeland Motor Sales, 390 West Street, for a Class II License Clerk Ronald read Department comments on the application. MOTION: To approve the license. (Pasquale - Royle) All in favor. PASSES. Release of Covenants for Bird Road Lots MOTION: To sign. (Pasquale - Ronald) (4 -0 -1) Selectman Penney abstained. PASSES. • Automatic Amusement License Renewals for 1995: Players Choice, Holiday Inn, VFW, and Regent Cafe MOTION: To approve. (Pasquale - Royle) All in favor. PASSES. ® Live Entertainment - Weekdays License Renewals for 1995 Holiday Inn, LaDonna Restaurant, Roscos Cafe, and Tahana Restaurant MOTION: To approve. (Penney - Pasquale) All in favor. PASSES. Selectman Royle abstained from the vote on the renewal of the LaDonna restaurant. �0\°'a • Lodging House - License Renewals for 1995 Fulton Place & 273 No. Main Street MOTION: To approve. (Penney - Royle) All in favor. PASSES. • Open Air Parking Facility - License Renewals for 1995 888 South Main Street MOTION: To approve. (Boyle- Pasquale) All in favor. PASSES. • Class I - License Renewals for 1995 Old Colony Motors, Vicino Buick Pontiac, Mansfield Garage Inc. d /b /a Mansfield Jeep Eagle Chrysler Plymouth MOTION: To approve. (Penney - Pasquale) All in favor. PASSES. • Weekday Music Machine License Renewals for 1995 Geno's Restaurant & Regent Cafe MOTION: To approve. (Penney- Pasquale) All in favor. PASSES. • Public Entertainment on Sundays License Renewal for 1995 MOTION: To approve. (Penney- Pasquale) All in favor. PASSES. • Common Victualler License Renewal for 1995 Council on Aging, Village Pizza, Great Woods Center for the Performing Arts MOTION: To approve. (Pasquale- Penney) All in favor. PASSES. • All Alcoholic Liquor License Common Victualler Renewals for 1995 Cheng --Du Restaurant, Jimmys Pub, Regent Cafe, Geno's Restaurant, Tahana Restaurant, Homestead Restaurant /Sundown Saloon, Jim's Old Colony Diner, Willowdale Golf Course, LaDonna Restaurant MOTION: To approve. ( Royle-- Penney) All in favor. PASSES • All Alcoholic Package Store License Renewals Dubs' Discount Liquors, Bristol Liquors, Villa Liquors, W. Mansfield Variety MOTION: To approve. ( Royle- Penney) All in favor. PASSES. • Wine and Malt Package Store License Renewals Mansfield Variety and Deli, Old Country Store, Tedeschi Food Shops MOTION: To approve. (Royle- Pasquale) All in favor. PASSES. • Club Liquor License Renewal for 1995 VFW No. 3264 MOTION: To approve. (Pasquale- Penney) All in favor. PASSES. • Liquor License Inn Holder License Renewal for 1995 Holiday Inn Mansfield MOTION: To approve. (Pasquale - Penney) All in favor. PASSES. C. Minutes Minutes of October 12, 1994 MOTION: To approve. (Pasquale- Royle) All in favor. PASSES. Minutes of November 9, 1994 MOTION: To approve. (Pasquale - Penney) All in favor. PASSES. Minutes of December 7, 1994 MOTION: To approve. (Royle- Penney) All in favor. PASSES. Z. Presentation of Donations by Ed Tartufo for the Plymouth Street Recreational Fields Ed Tartufo presented the Selectmen with four donations for the Plymouth Street Recreational Fields from the following people /companies and for the respective amounts: 1. MacHomes - $500.00 Z. Acorn Manufacturing -$100.00 3. Toyota - $52000.00 4. Mansfield Cooperative Bank - $15,000.00 over 3 Years Next, Mr. Tartufo requested the Selectmen's permission to relocate the tennis courts at the Plymouth Street fields to before the first field. MOTION: To approve the relocation of the tennis courts to before the first field. (Royle- Pasquale) All in favor. PASSES. Selectman Pasquale requested letters be sent to the companies who made donations to the Recreational facility. 3. 8:20 PM Water Capital Charge Public Hearing Clerk Ronald read the public hearing notice and an opinion from Robert Mangiaratti, Town Counsel, dated December 14, 1994, Robert Swanson, Town Engineer, and Dave Archard, Assistant Town Engineer, were present for the public hearing. Mr. Swanson stated that at the request of the Board of Selectmen he reviewed increasing the water capital charge and is recommending an increase from $1,200 to $2,400. Members of the Board of Selectmen asked questions concerning the property which will be effected by the increase- -none with a signed Purchase and Sales agreement prior to tomorrow morning would be accepted or with an offer that leads to a Purchase and Sales agreement. MOTION: To increase the water capital charge, one time charge, for tying into the system from $1,200 to $2,400 with the exemption talked about. (Penney - Pasquale) All in favor. PASSES. 4. Town Manager Report A. Police Facilities Grant Application William Williams, Town manager, requested the Selectmen support a grant application for 50 percent funding for police facilities. MOTION: To support. (Penney - Pasquale) All in favor. PASSES. B. DPW lob Description - Reorganization Mr. Williams requested the Selectmen's approval of the DPW Clerical reorganization as referenced in his memorandum to the Selectmen dated December 7, 1994. MOTION: To endorse. (Pasquale - Royle) All in favor. PASSES. C. Commuter Lease License Process Mr. Williams stated that the lot on the corner of Crocker and Pratt Streets that was temporarily closed down is operating. To date, the Board of Selectmen has not received an application for an open air parking facility license from the landowner. Mr. Williams requested the Selectmen support action commencing if an application is not received from the land owner by the next Selectmen's meeting. MOTION: To support action commencing if an application is not received by the Selectmen's next meeting. ( (Pasquale - Ronald) WITHDRAWN A consensus of the Board of Selectmen was in favor of Police Chief Arthur O'Neill enforcing a cease and desist order if an application is not received by December 21, 1994. Discussion among the Selectmen and Town Manager followed concerning the number of resident vs. non - residents parking at the Mansfield commuter rail parking areas, a letter from the MBTA to the Selectmen dated November 142 1994, and converting the parking area leased from John Clemmey to "resident only" parking. 5. 8:00 PM Dog Complaint Public Hearing - Owner: Mrs. Collamore Clerk Ronald made note of a letter from Mrs. Joanne MacDonald to William Williams, Town Manager, with an attached petition to remove or lawfully restrain the two dogs owned by Mrs. Donna Collamore at 44 Warren Avenue. Public Comment: Ian MacDonald, 54 Warren Avenue, requested the issue be concluded this evening and stated a recommendation made at the last dog complaint hearing held for the Collamore's dog on March 11, 1994. Paul Aitkenhead, 67 Warren Avenue, informed the Board of Selectmen of an incident that he was involved in recently, when the Collamore's dog followed him while he was walking to the train station. Paul Anderson, 53 Warren Avenue, stated that two of his three children have been knocked down by the Collamore's dogs. Clerk Ronald read the report from the Dog Officer, Jeff Collins. Chairman Robinson closed the public hearing at 9:00 PM. MOTION: That Donna Collamore's two dogs be declared nuisances, to revoke their licenses, that they be removed from Town boundaries, and direct the dog officer to remove the dog as soon as possible. (Royle- Pasquale) All in favor. PASSES. 6. Town Manager Report A. Global Realty Trust Global Realty Trust's attorney, Donald Kethro, was present for this discussion. Attorney Kethro requested the Board of Selectmen direct Town Counsel to vacate the foreclosure on Assessor's Map 3 lots 6 & 7 and Assessor's Map 4, Lot 18 and his client will pay the outstanding taxes owed on the lots totaling $5,447.16. A consensus of the Board was in favor of tabling a vote on Attorney Kethro's request until it could be reviewed further by them and Town Counsel. 7. Designation of MBC Project Representative for the Board of Selectmen Selectman Royle stated that she would be happy to be the Selectmen's representative for review of the Police Department project. Clerk Ronald stated that he could be the Selectmen's representative for Town Hall review. A consensus of the Board of Selectmen was in favor of posting for and attending the Municipal Building Committee's next meeting to find out what will be expected of the representative. Selectman Royle suggested the Municipal Building Committee meet on an evening when their meetings could be cablecast. 8. Correspondence ACTION Resident Letter from Richard Morse, 581 Elm Street, to the Board of Selectmen concerning a bridge constructed over the Wading River for access to the pump site and requesting that a locked gate be installed to deter unauthorized vehicles from passing or repassing. Letter from Roy MacDonald to the Board of Selectmen requesting the Selectmen's assistance on a tax bill they received with attached opinion of Town Counsel and Assistant Assessor MOTION: To deny Mr. MacDonald's request based on Town Counsel's opinion for an abatement on the sewer betterment charge on his property on East Street and that a agreement be worked out with Treasurer as far as a date for payment, in accordance with MGL Chapter 80 Section 13A . ( Royle- Ronald) All in favor. PASSES. Letter from Fred Giovino requesting a slow child sign and a speed limit sign be posted near his house at 480 Chauncy Street with attached recommendation from the Police Department MOTION: To approve. (Pasquale- Ronald) All in favor. PASSES. Miscellaneous Letter from Edward Rosenberg, Secretary, Elks, requesting a waiver of the common victualler license renewal fee MOTION: To waive the fee. (Pasquale - Royle) All in favor. PASSES. MOTION: To waive the fee for the Council on Aging common victualler license renewal. (Pasquale - Royle) All in favor. PASSES. OTHER CORRESPONDENCE Resident Letter from Barry and Barbara Bayon to the Board of Selectmen requesting the Selectmen work with the State to make the intersection of South Main Street /Willow Street /Fruit Street safer Chairman Robinson requested a copy of this letter be forwarded to Town Engineer, Robert Swanson Board and Committee Letter from James Whalen, Chairman, Library Board of Trustees, expressing the Board of Library Trustees interest in having cameras installed at the Library /COA Building and possibly being included in the train station plans State and Local Government Letter from David Proulx, Chairman, Transpiration and Traffic Committee, Attleboro Office of the Municipal Council, inviting the Selectmen to attend a meeting on December 19 concerning truck traffic Letter from Mass Highway to the Board of Selectmen concerning Elm Street bridge maintenance Letter from Mass Highway to the Board of Selectmen regarding resurfacing Route L -495 in Mansfield, Norton, and Taunton Miscellaneous Letter from William Flannery, Commander, American Legion Post 198, to the Board of Selectmen thanking them for attending the American Legion flag lowering ceremony 9. Board and Committee Appointments A. Conservation Commission Appointment Selectman Pasquale nominated Marilyn Powers for reappointment to the Conservation Commission which received two votes, one each from Selectman Pasquale and Chairman Robinson. Selectman Royle nominated Jill Druhan- Albanese which received three votes, one each from Selectmen Pasquale, Royle, and Clerk Ronald. Selectman Penney nominated Jay Brolin and Bernard Dolan. Mr. Brolin received four votes, one each from Selectmen Royle and Penney and Chairman Robinson and Clerk Ronald. Mr. Dolan received one vote from Selectman Penney. As a result of the above nominations, Ms. Druhan Albanese and Mr. Brolin were appointed to the Conservation Commission for terms expiring January 1, 1999. B. Board of Health Selectman Royle excused herself and left the room for the nomination of a Board of Health member. Selectman Pasquale nominated Ray Martin to serve on the Board of Health, who received three votes, one each from Chairman Robinson, Clerk Ronald, and Selectman Pasquale. Selectman Penney nominated Don Steele for reappointment to the Board of Health, which received one vote from Selectman Penney. As a result of the nominations, Mr. Martin was appointed to the Board of Health for a term to expire January 1, 1996. 10. Selectmen A. Old Business Clerk Ronald stated that he is having a problem with liability insurance for the track crossing permit and would like the Selectmen's support to see if the MBTA will accept the Town's insurance. Clerk Ronald also stated that he has a problem with the requirement for a $500.00 deposit for engineering services and use of their flag man, who will have to be paid for at least S hours. Discussion among the Selectmen followed concerning where the monetary responsibility lies, requesting Congressman Frank's assistance in obtaining a waiver of the $500 deposit, and reimbursement of some of the fees. MOTION: To pay the $500.00 deposit. (Pasquale - Royle) (4 -1) Chairman Robinson Opposed. PASSES. MOTION: To deduct from the MBTA project whatever is not reimbursed from AMTRAK. (Pasquale- - Ronald) All in favor. PASSES. Selectman Penney commented on a letter the Selectmen received from the State on the Williams Street bridge and on a tax impact plan. Chairman Royle asked about the status of the Old Colony Way drainage and if goals and objectives would be discussed in the near future. Lastly, Selectman Penney requested the two proposals discussed at the December 7 train station public hearing be reviewed further. B. New Business Selectman Royle requested Mr. Williams send a copy of the Mansfield vision ( and growth management project to the Planning Board. Chairman Robinson reminded the public that the Town will be sponsoring a seniors leaf pick up this Saturday. 11. Adjournment - I0:30 PM MOTION: To adjourn. Pasquale -Per etk Signat re 1 mey) All in favor. PASSES. ate of pproval