HomeMy WebLinkAboutBOS MINUTES 3-13-1996BOARD OF SELECTMEN
MINUTES C -
MARCH 13, 1996
PRESENT: Chairman Royle, Clerk Ronald, Selectmen Colella; Pasquale; & Robinson
William F. Williams, Town Manager
Clnistopher Marion, Assistant to the Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance.
♦ Warrant No. 38
MOTION: To approve Warrant No. 38 in the amount of $492,528.72.
(Colella - Pasquale) All in favor. Chairman Royle abstained from
all Board of Health items. PASSES.
♦ Licenses and Permits
Request from Edgewood Church of Christ for a wavier of all fees associated with the
construction of a building located at 26 Edgewood Drive for use as their church
MOTION: To waive the Town's portion of the fees
(Pasquale - Colella) All in favor. PASSES.
+ Minutes of March 6, 1996
MOTION: To approve the minutes of March 6, 1996.
(Robinson- Colella) (4 -0 -1) Ronald abstained. PASSES
4 Special Town Meeting Warrant
MOTION: To sign the warrant
(Robinson - Colella) All in favor. PASSES.
o Correspondence
Resident:
Letter to the Board of Selectmen from Patricia Calderwood, Oakleaf Drive, concerning
damage done to curbing on her street by snowplows. A c(p), ol'this letter has heeu
lorwafded to DPW. Mr. Williams has responded to this letter. Town Engineer Lee Azinheira,
and DPW Director Dan Clifford will also be responding to the letter.
Letter to the Board of Selectmen from Mr. and Mrs. Samuel Thompson, 56 Branch Street,
concerning the Branch Street sewer line
Board and Committee:
Letter to the Board of Selectmen from the Planning Board concerning proposed downtown
parking
Letter to the Board of Selectmen from Louis Amoruso, President, Cable Access, concerning
their contractual payments Cleib Ronald rioted that the Cable Contirrissiorz will be holding
a hearing on rate increases on March 21 at 11 AM in Foxboro crud staled he will be attending
the hearing.
Miscellaneous:
Letter from Bruce Montgomery, Great Woods General Manager, to the Board of Selectmen
concerning renewal of their entertainment license for 1996 Selectman Robinson stated that
he and Selectman Colella will be meeting next week to review, the Greal Woods entertainment
license and that any comments should be submitted to the Selectmen's Office by March 21,
1996 The target date to complete the license revielr is March 27.
Letter from Paul O'Leary, Superintendent, Southeastern Regional Vocational Technical
School, to the Board of Selectmen containing the FY97 preliminary estimate figures from
the Department of Education /Department of Revenue
Notice of a Founders' Campaign Planning Meeting from Dave Scarchilli and Jay Barrows
Memorandum from Chief Sliney to the Town Manager concerning a fundrasing scare
Clerk Ronald read the memorarrdtnn from Fire Chief Sliney dated March 13, 1996, stating
that a solicitation is being conducted by the Firefighter's Association of America portraying
themselves as collecting for the Mansfield Fire Department "Relief Fund". This is not
connected in any u,ay to the Mansfield Fire Department. Police Chief O'Neill addressed the
Board of Selectmen slating if any citizens have questions concerning this or if they are
solicited for donations they are welcome to contact the Police or Fire Station, to find out
more information.
2. Questions and Comments
Tom Prestwich, 4 Shadybrook Lane, President of Downtown Merchants Association,
requested the Selectmen vote favorably on a proposed plan for an eight space parking lot
downtown.
Jay Barrows, 370 Pratt Street, as business owner in area of the proposed downtown parking
lot, requested the Board's approval of the parking lot.
Board of Selectmen Comments
Chairman Royle expressed her support for the downtown parking lot and stated that she
would like to see the Selectmen approve the plan.
Selectman Pasquale inquired about the stage the downtown parking study is in and asked
Police Chief O'Neill if action on the parking lot should be tabled until the parking plan is
completed and if the Police Department would be able to enforce limited parking restrictions
within the lot.
( Chairman Royle asked Chief O'Neill if a one hour parking restriction could be enforced for
the lot.
Police Chief O'Neill stated that the Police Department can handle traffic from the parking lot,
( the lot could be incorporated in the downtown parking plan, recormnended the Selectmen
place a curfew of 9 PM on proposed lot, and stated that he could live with a one hour
restriction.
Selectman Colella stated that he has reviewed the proposal further and will support the lot,
asked who would be doing the project, and stated he would rather a private contractor do the
work.
Selectman Pasquale inquired about the project cost estimated by the DPW Director.
MOTION: To support the creation of a downtown parking lot with location as specified,
and the Director of the Department of Public Works shall direct the project and
shall not expend more than $5,900 on the project.
(Pasquale- Colella) (4 -1) Selectman Robinson Opposed. PASSES.
Selectman Robinson stated that he supports the concept but does not support parking for
compact cars only; it should be cars of all sizes.
Selectman Pasquale congratulated Chairman Royle for with the work she has done over the
years while serving on the Conservation Commission, School Cormnittee, and Board of
Selectmen, and presented her with a plaque.
3. 8:20 PM Paiva Dog Complaint Public Hearing
Clerk Ronald read the complaint of Mrs. Joyce Orton aloud. Mrs. Orton's complaint stated
that Mr. Paiva's dog went into her barn, tore open a cage, and pulled her prize rabbit out of
the cage and chewed the rabbits head off. Next, Mr. Collins, Animal Control Officer,
summarized his report of the incident dated January 30, 1996.
Mrs. Orton stated that the rabbit that was killed by Mr. Paiva's dog was worth clot of money,
the rabbit had won many prizes, and explained instances four years ago when her rabbits were
attacked. Lastly, Mrs. Orton showed the Selectmen pictures of the rabbits and requested the
Paiva's dog be kept restrained and that she be called if the dog should ever get loose.
Board of Selectmen Questions and Comments:
Members of the Board of Selectman inquired about the breed of the Paiva's dog, if Mrs.
Orton's rabbits are always kept caged, the location of the cages, and how the dog entered the
area.
Next, Mr. Paiva addressed the Board stating that lie has never had a complaint about the dog
in the ten years that lie has owned him. The dog is kept on a run in the sununertime, and in
the winter lie is in the house. Mr. Paiva stated that the Orton's had asked him to guarantee
that the dog would never get loose again, but that he could not guarantee this. Lastly, Mr.
Paiva stated that the dog never showed vicious indications before but that lie doesn't dispute
that he did kill the Paiva's rabbit.
( When asked by Chairman Royle for his recommendation on the complaint, Mr. Collins stated
that the dog was caught in the act and would recotmnend the animal be declared vicious and
kept restrained at all times. If the animal is not kept restrained, perhaps it should be removed
from the Town.
At 8:32 PM, Chairwoman Royle closed the public hearing
MOTION: To declare the dog vicious by reason of killing small domesticated animals,
the dog must be kept restrained at all time and if it is found unrestrained at any
time is shall be put into the custody of the Animal Control Officer.
(Ronald- Robinson) All in favor. PASSES.
4. 8:30 PM Conservation Commission Interview I vacancy - I Applicant present,
Christopher Boyer
Mr. Boyer introduced himself to the Board of Selectmen.
Board of Selectmen Questions and Comments
Members of the Board of Selectmen asked Mr. Boyer questions such as if he would be
available for Saturday site walks, what he expects to add to the Commission, whether or not
his company does residential work in Mansfield, and what his opinion on acquisition of open
space land is.
MOTION: To appoint Christopher Boyer to the Conservation Commmission to fill a
vacancy of a term that expires in 1997.
(Pasquale - Colella) All in favor. PASSES.
The Board of Seleconen took a fine ntinttte break at this tinte.
5. 9:00 PM Town Manager Report
John Buckley, Assistant DPW Director, and Lee Azinheira, Town Engineer, were present for
the Town Manager's report.
s Damage to Mailboxes
Mr. Williams apologized to residents who had their mail box damaged after the last storm and
requested they call 261 -7331 to have the mail box either fixed or replaced.
♦ Water Department Capital Budget
Mr. Buckley reviewed the proposed water capital projects, totaling $3,174,000. Projects to
include cleaning and painting the oxford standpipe, SCADA Computer control System, and
Water Main Projects Phase I and II.
Board of Selectmen Questions
Questions from the Board of Selectmen included water rate increase, the number of homes
the increase is based upon, inclusion of Foolish Hill in the capital budget, cost of the Oxford
Standpipe project, cost of the SCADER computer system, effect on water condition if the
improvements are not done now, and possibility of determining which percentage of the
problem could be contributed to growth.
Royle suggested Mr. Buckley and Mr. Azinheia attenda future meeting to discuss funding
mechanisms.
MOTION: To support $3,174,000 for water capital projects with funding to be determined
later.
(Pasquale - Colella) All in favor. PASSES.
♦ Wastewater Department Capital Budget
Mr. Azinheira, Town Engineer, explained his request for finding for inflow and infiltration
improvements.
Members of the Board of Selectmen asked questions such as the number of number of streets
to be included, funding mechanism, and finds received for sale of capacity to Norton and
Foxboro.
MOTION: To approve the article as submitted for $100,000 for FY97 for Inflow and
Infiltration improvements and the revenue to be based upon the capital charge
recommended in the fee schedule.
(Pasquale - Colella) All in favor. PASSES.
Next, lvh-. Azinheira explained the proposed funding program for sewer extensions. The
Town will match $56,250 in funds and a funding mechanism that the sewer projects would be
combination of per unit charge for connections, only for those who did not pay for their own
sewer installation.
MOTION: To support.
(Pasquale - Colella) All in favor. PASSES.
Chairman Royle stated that all amendments have been made to the sewer extension policy as
the Board of Selectmen requested.
Selectman Robinson left the meeting at this time.
Selectman Pasquale stated that Selectman Robinson has questions on the Paine School
sale /bids and asked if Touw Counsel should come back to a future meeting to answer his
questions.
6. 9:50 PM GJLC Inc. Transfer of Liquor License from Jim's Old Colony Diner Inc.
and Alterations Public Hearing
Robert Mangiaratti, Town Counsel, was present for this public hearing as was Attorney
( Charlie Mulcahy, applicant Gerald Chipman, Jim's Old Colony Diner owner James Appel,
Attorney Shaun Spillaine, and architect Laurence Silver.
Chairman Royle stated that the Selectmen received an opinion from Town Counsel
concerning the operation of both the non - alcohol serving breakfast business and alcohol
serving lunch and dinner business within the same facility. It is Town Counsel's opinion that
the proposal is permissible.
Police Chief O'Neill stated that he had a conversation with Bridgewater authorities and based
upon that he has no objections to the applicant.
Public Comments
Marguerite Prestwich, an abutter across the street from Jim's Old Colony Diner, stated that
she is very concerned about parking for the facility, and that she does not feel family
restaurant have pool tables and stay open until 1 AM. Mrs. Prestwich also stated that she is
very opposed to the application, asked who would control the patrons when they exit the
facility and stated that the tenants of her building did not receive notification of the public
hearing.
Carol Epstein, 151 Rumford Avenue, stated that she is very opposed to the application, she
does not associate alcohol and pool tables with family entertainment, and that she is also
concerned about parking for the facility.
Dorothy Regal, West Church Street, stated that she feels there will be alot of noise late at
night, seven days a week, and that she is opposed to the application.
Tom Prestwich, stated that he feels a problem with the legal notice is that they are sent to
property owners who are not always the people living in the residences.
Attorney Mulcahy responded to comments made by residents stating that he sent over 100
hearing notices and that there is no way of knowing who all tenants of the buildings are; the
juke box could be moved to another location; downtown zoning allows on- street parking, and
alcohol will be prohibited in the pool table area. Attorney Mulcahy also stated that rumors
will only have access to the game room if they are accompanied by a person of legal age,
twenty-one.
Board Comments:
Questions and comments from the Board of Selectmen were concerning the hours of
operation, prohibiting alcohol in the game room area, clientele, menu, seating capacity,
parking arrangements, and importance of juke box and pool tables to the applicant.
Selectman Colella asked Mrs. Prestwich if she would be opposed to the application if a game
room was not allowed. Mrs. Prestwich responded that she would not be opposed if the game
room was removed. Mrs. Epstein also stated that she would not be opposed if the game room
( and juke box were both eliminated.
Selectman Colella also asked three of the attendees in the audience if they would be opposed
to the game room even if it closes at 11 PM; the attendees stated that they would still be
opposed.
Lastly, Chairman Royle mentioned a memo the Selectmen received from the Treasurer
Collector regarding an agreement made with Mr. Appel on payment of old personal property
tax.
Chairman Royle closed the public hearing.
MOTION: To approve transfer of license, deletion of the service bar only restriction, and
and change of manager with following restrictions: if at any time in the future a
room is designated as a game room with auto amusement devices, no alcohol
will be served in that room.
(Pasquale - Ronald) All in favor. PASSES.
® Common Victualler's License
MOTION: To approve the license.
(Pasquale- Ronald) all in favor. PASSES.
Weekday Music Machine
Questions fi•om the Board of Selectmen concerning the weekday music machine license
application included the type of machine proposed, location of audio control, and if the
machine will play continuously or if it will be coin operated.
MOTION: To approve the license.
(Pasquale- Ronald) (3 -1) Selectman Colella Opposed PASSES.
7. 10:30 PM Automatic Amusement Devices Public Hearing
Clerk Ronald read the public hearing notice on the application of GJLC Inc. for three coin -
operated pinball games and two pool /billiard tables.
Public Comments
Mrs. Epstein asked what would happen if mote machines are requested by the applicant.
Dolores Benson, 38 Pleasant Sheet, stated that she feels parking for the facility will be
horrendous and inquired about the location and screening for the facility's dumpster.
Tom Prestwich, resident, suggested the restaurant entrance be reconstructed to act as a sound
( buffer.
Selwyn Stearns, 37 Chilson Avenue, asked the applicant if he is hands on and also inquired
about security inside the premises.
Marguerite Prestwich, resident, expressed concern about parking for the facility.
Mr. Epstein, resident, asked that the game room close at 11 PM.
Chairman Royle closed the public hearing at 10:50 PM.
MOTION: To grant a license for five automatic amusement devices with the following
restrictions: the license shall be effective from 11 AM to 11 PM, Monday -
Saturday, and I PM -I 1 PM on Sundays, no unattended patrons under the age
of 21 shall be allowed, and no electronic poker games shall be allowed.
(Pasquale- Ronald) (3 -1) Selectman Colella Opposed. PASSES.
® Public Entertainment on Sundays
MOTION: To approve with same restrictions as weekdays.
(Pasquale - Ronald) (34) Selectman Colella Opposed. PASSES.
8. Town Manager Report
Due to lateness of the hour, Mr. Williams stated that he would like to defer any action on the
sale of the Paine Schools and would also like to postpone review of his goals and objectives
until next week. Mr. Williams did announce, however, that the Town Hall has a building
permit on record.
9. Selectmen
♦ New Business
Clerk Ronald stated that the School Department has requested another $12,000 for METCA
from the cable account.
MOTION: To approve the request (from the cable capital account).
(Ronald- Pasquale) All in favor. PASSES.
10. Adjournment - 10:55 PM
MOTION: To adjourn.
(Pasquale- Ronald) All in favor. PASSES.
Clerk's Signature bate gf Approvn� 1 —