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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 —