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HomeMy WebLinkAboutBOS MINUTES 3-6-1996BOARD OF SELECTMEN MINUTES J y . March 6, 1996 (' i;? (lt 1W. C 0. PRESENT: Chairman Royle. Acting Clerk Pasquale, and Selectmen Colella and; Robirls9p ;Ells William F. Williams, Town Manager Christopher Marion, Assistant to the Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 37 - $3,710,078.55 MOTION: To approve Warrant No. 37 in the amount of $3,710,078.55. (Robinson - Colella) . All in favor. Chairman Royle abstained from all Board of Health items. PASSES. B. Licenses and Permits • Memorandum from the Conservation Commission to the Board of Selectmen dated March S, 1996, concerning the Conservation restriction for the Scott /Goyea Farm. The closing on the property is scheduled for Thursday, March 7, 1996, at 11:00 AM. Lenny Flynn, President, Natural Resources Trust, and Greg Cauldwell, Conservation Commission Chairman, were present to answer any questions the Selectmen's may have had. MOTION: To approve the Conservation Restriction for the Scott Goyea Farm. (Pasquale - Colella) All in favor. PASSES. o Request for an Auctioneer Special Permit from Mansfield Women of Today for May 5, 1996, at the Holiday Inn and an attached request for a waiver of the fee MOTION: To grant the permit. (Pasquale - Colella) All in favor. MOTION: To waive the application fee. (Pasquale - Colella) All in favor. PASSES. C. Minutes • Minutes of February 28, 1996 MOTION: To approve the minutes of February 28, 1996. (Colella- Pasquale) All in favor. PASSES. • Executive Session Minutes of February 28, 1996 MOTION: To approve the executive session Minutes of February 28, 1996. (Pasquale - Robinson) All in favor. PASSES. MOTION: To release the executive session minutes of February 28, 1996. (Pasquale - Robinson All in favor. PASSES. Chairman Royle made a statement concerning the Selectmen's executive session minutes of February 28, 1996. During the executive session, the Town Manager's evaluation was discussed and a 2.5 % ( raise was voted and granted to Mr. Williams. D. Correspondence ACTION: Therez Campbell, Samoset Avenue, expressed opposition to a proposed mini parking lot downtown i and stated that most of her neighbors are against the lot. Campbell also stated that the biggest problem with the last parking lot was the kids and stated that they would be back with the new lot. Lastly, Ms. Campbell stated that the proposed lot is currently a garden which looks great and that there is a traffic problem in the area as it is, without the addition of the lot. Selectman Colella responded that he could agree with Ms. Campbell and that at onetime he was in favor of the lot Chairman Royle read memoranda from the Planning Board and the Police Chief regarding the proposed lot and past parking lot. Henry Maher, 8 Samoset Avenue, expressed opposition to the parking lot. Mr. Maher stated that lie believes the purpose of the island was to correct the intersection, and the teenagers hanging around the old lot was a problem. R_ 4. 8:00 PM - Board and Committee Discussion - Group I The following Board and Committee members were present for this discussion: Donna Harrington, Council on Aging member; Frank Nilson, Council on Aging member; Nancy Breef -Pilz, Board of Library Trustees Chairperson; Chris Cormier Hayes, Library Trustee; Leonard Epstein, Library Trustee, and Leslie Pasch, Library Director. A. Board of Library Trustees Nancy Breef -Pilz gave an update on the Library Board of Trustees to the Selectmen stating each year the Library's circulation goes up by about 20,000; Technologically the library is advancing; the Library staff has access to the internet; in 1997, the public will have access to inet; and mentioned the Mansfield Scenic afghans, for which orders are being accepted. Next, Ms. Breef -Pilz stated that there are some issues with Library and Council on Aging building- -such as problems with heating, the roof is leaking - shingles may be defective, security problems, and a problem exists with middle school students harassing patrons. Leslie Pasch, Library Director, and Library staff have been working with Police to address the issue of the teenagers. The trustees hope to meet with Police Chief O'Neill and Mr. Driscol of the Middle School to discuss the problem. B. Council on Aging Jack Folan entered the meeting at 8:20 PM. Mr. Folan stated that the Council on Aging met with Library Trustees concerning use of the multi- purpose meeting room and that it will be kept for use by non -profit organizations. Guidelines have been drawn up for use of the room. Lastly, Mr. Nilson and Ms. Breef -Pilz commended the Council on Aging and Library staff for the great job they do. Board Questions Questions from the Selectmen included whether or not a parking problem exits with the facility. 5. 8:30 PM Board and Committee Discussion - Group H A. Animal Welfare Committee Geanine Parks, Animal Welfare Committee member, gave an update on the Animal Welfare Committee's activities. Ms. Parks reviewed the Committee's Annual Report dated March 6, 1996, which reflected the number of animals received, handled, and adopted at the shelter. Ms. Parks also reviewed the Committee's goals. Residennl Letter from Edgewood Church of Christ requesting the Selectmen waive the electrical, mechanical, and /or other construction permit fees associated with renovating their building at 26 Edgewood Street Selectnion Pasquale requested the letter be reviewed to see if the poli<•I• is in efl @c•t for churches. Letter from Pardon R. Kenney M.D., Potash Road, requesting the Selectmen adopt an ordinance prohibiting any discharge of semi- or automatic weapons within Town borders, except at a licensed gun club range The Selectmen will wait to take any action on this request until one is suggested by Police Chief. If action is suggested bj• the Police Chief it mould have to be taken up at a hall "!Town A,leeting. 13oard and Committee Memorandum from the Board of Assessors with an attached agreement that Attorney Dailey, attorney for the Bennett's, requested the Selectmen enter into This agreement is being reviewed by Totwn Counsel. Memorandum to the Board of Selectmen from the Municipal Building Committee regarding the Clerk of the Works, Louis Bartolini OTHER Resident Letter from Tremont Resources, Inc. to the Board of Selectmen concerning Tremont Street sewer extension Letter from Thomas Kearns, Jr., 12 Old Elm Street, concerning handicap parking spaces during the Town Meeting and Town Elections (Copies of the this letter have been sent to the School Department and the Building Imspectot) Mr. Williams slated that he has asked the Department of Public Works to prepare lemporary signs for the upcoming election and Town Meeting. Chairman Royle asked if the Town could be a little more courteous with ticketing at Town Aleeting. Mr. Willianns stated that he mill ask Mwn Moderator to make an a nouneentent that if anryone is blocking afire lane they should more their car. Chairman Royle requested a notice be placed on cable stating that there will be absohtely no parking in fire lames at Toiwn Meeting. Letter from Robert Goldman, 7 Van Gernert Drive, expressing concern that Mill Street, from Jameson Court to Cedar Ridge Road, has been settling and suggesting a solution Mr. Williams stated that the DPW Director will respond to Ali. Goldman and resolve the problem. Letter from Bruce Bowden to the Board of Selectmen expressing concern regarding Town plowing during a recent snow storm Mr. J4,71 iants stated that the DPW Director will respond to A,h•. Bowden at]d resolve the problem. 2. 7:45 PM Fair Housing Poster Contest Presentation of Awards Ronald Webster, Chairman, Fair Housing Chairman, explained the poster contest. Chairman Royle presented each of the four winners -- Patrick Carrigan, grand prize winner; Melonie Vahn, 1st place winner; Edward Drake, 2nd place winner; and Evin Benson 3rd place winner -- with a commendation from the Selectmen. 3. Questions and Comments Board Questions: Members of the Board of Selectmen asked questions and commented on a new shelter location, relocating the shelter near Mansfield Green, feasibility of dog license fees being directed to an account for a flnure shelter or to defray the Animal Control Officer's salary. B. . Board of Assessors At Turinese and John McNair, members of the Board of Assessors, were both present for this discussion . At Turinese reported that requests for abatements this year from industrial businesses are down 50 percent, cases in tax appellate court are down considerably, and that a little over 100 residential abatements were received this year._ Board Questions Members of the Board of Selectmen asked questions concerning the impact on industrial base taxes percentage wise. The Bocn•d of Selectmen took a limo minule break cif this tune. 6. Transfer of Jim's Old Colony Diner to GJLC Inc. and Alterations Public Hearing Acting Clerk Pasquale read the public hearing notice for the alteration and transfer of the alcohol license from Jim's Old Colony Diner Inc. to GJLC Inc. Additional licenses requested by the applicant but for which a public hearing is not required include a common victualler license, weekday music machine, and public entertainment on Sundays license. The applicant, Gerald Chipman, president GJLC Inc., his attorney, Charlie Mulcahy, Shaun Spillaine, attorney for both Mr. Chipman and Jim Appel, owner of Jim's Old Colony diner, and Laurence Silver, architect, were present for the public hearing. Attorney Mulcahy stated he believes all certified mailing cards are present and the Form A background verification is satisfactory. Attorney Shaun Spillaine gave a background on the restaurant and a broad overview of the proposed use for Jim's Old Colony Diner. Mr. Appel will continue to operate the diner during breakfast hours, 5 AM to I 1 AM, Monday through Saturday, and 8 AM to 12 Noon on Sundays; the liquor licensed business would be operated by Mr. Chipman beginning at 1 I AM, Monday through Saturday, and 12 Noon on Sundays. Lastly, Attorney Spillaine reviewed a profile of Mr. Chipman which was received at the Selectmen's Office earlier this date. Attorney Mulcahy stated, as a Mansfield resident, lie feels the business would be a welcomed addition to the Town. Board of Selectmen Questions and Comments Members of the Board of Selectmen commented on and asked questions concerning seating capacity in the bar area, number and location of pool tables proposed (two), restaurant set up, hours of ( operations, number of businesses /managers at the location, menu, adequacy of parking, security of alcohol when the manager is not present, commonness of having two businesses in one building, secured storage room for alcohol, time frame to begin business, and the name of the facility. Public Questions and Comments Police Chief O'Neill stated that the Police Department did a background check on the proposed manager only and that he would like to see how the gentlemen runs his other businesses. Chief O'Neill also stated that pool billiard tables have dangers and that he would like to know how the applicant proposes to handle underage persons wanting to use the pool tables. Holly Ivel, 242 North Main, stated that there are many apartments near the business and loud noise already comes from the business as it is. Additional Board of Selectmen Questions and Comments: Members of the Board of Selectmen commented on and asked additional questions concerning when Mr. Chipman would be present in the facility, traffic from the facility, expected clientele, who would monitor patrons entering the facility where alcohol is served; size of facility, employment of additional staff to monitor patrons entering the amusement area. It was suggested by the Selectman that a recommendation or opinion on this application be requested from Town Counsel and that additional time be given for Police Chief O'Neill to do a background check. Police Chief O'Neill requested the Board of Selectmen consider a stipulation that no video poker machines be allowed on site. At 9:50 PM Chairman Royle continued the public hearing to March 13 at 9 PM. 7. 9:50 PM - Automatic Amusement Special Permit Public Hearing Applicant: GJLC Inc. Chairman Royle opened the auto amusement public hearing and continued it to March 13 at 9:15 PM. 8. 9:50 "The Store" - Liquor Violation - Sale to Underage Persons - Hearing Both Police Chief Arthur O'Neill and Srgt. Robert Martin were present for the hearing. Police Chief O'Neill gave a summary of what prompted investigation of alleged violations by The Store of sale of alcohol to under age persons. Police Chief O'Neill also showed the Selectmen identification cards used by the underage persons to purchase alcohol at "The Store ". Robert Martin summarized his four page report, dated February 15, 1996, concerning the violations Dennis Baker, co -owner of The Store, and Perry DiMascio, co -owner of The Stare, were also present at the public hearing. Acting Clerk Pasquale read a letter into the record received by the Selectmen's Office on February 29, 1996, from Quikmart. The letter outlined actions management of The Store has or will be taking regarding the violations. Perry DiMascio stated that lie is trying to set up a class with Lt. Crickard and /or a representative from the ABCC to educate himself and his employees about alcohol sales, specifically acceptable forms of identification. Public Comments: Brian McCafferty, Otis Street, stated that the Selectmen have to keep in mind who the victim is in this situation. Bruce Kingsbury, 490 Elm Street, stated "The Store" employees now know which forms of identification are acceptable and that "The Store" received a booklet from the ABCC concerning proper identification. Peter DeTrolio, 496 Elm Street, stated that at one tine licensees received a identification booklet at the same time as their license. Board Questions: Continents and questions from the Board of Selectmen included that a copy of the selectmen's liquor license policy should be given to all liquor license applicants as should a booklet on acceptable forms of identification. When asked for his recommendation from Selectman Pasquale, Police Chief O'Neill stated he was dismayed that sale to underage persons continued after he brought an incident to the owners' attention. Members of the Board of Selectmen discussed the following: Chairman Royle stated that it is the Selectmen's policy that the first violation results in a letter of reprimand. Selectman Colella stated that he would like to give the licensee the benefit of the doubt since it is the first violation and would not impose a suspension but would issue a reprimand; if it happens a second time he would support a fifteen day suspension of their liquor license. Selectman Robinson stated that he feels it is a very serious matter. Acting Clerk Pasquale inquired about the date for the next regional ABCC class, possibly the Fctll, and asked if the ABCC could be asked to put one on sooner in Mansfield. Selectman Pasquale also asked Police Chief O'Neill what action he would recommend the Selectmen take. Police Chief O'Neill suggested a one day suspension of "The Store's" liquor license. Chairman Royle suggested the Town of Mansfield host a regional class given by the ABCC, if the ABCC will not hold the class for Mansfield only. Acting Clerk Pasquale expressed concern that after Police Chief O'Neill made Mr. Baker aware of the problem, another incident occurred, and stated that he would be in favor of a one day suspension of their liquor license. At 10:30 PM, Chairman Royle closed the public hearing. MOTION: To issue a one day suspension on March 11, 1996 for "The Store A copy of the letter sent to Mr. Baker and Mr. DiMascio should be to the ABCC. ( (Pasquale- Robinson) (3 -1) Selectman Colella Opposed. PASSES. 9. 10:30 PM Town Manager Report Lee Azinheira and John Buckley were present for the Town Manager's Report • Water Department Capital Budget John Buckley, Assistant DPW Director, reviewed the Water Department's long range projects plan while referencing his memorandum to the Town Manager dated March 6, 1996. Board of Selectmen Questions Selectman Robinson suggested an account be set up just for water so that higher water rates are not continually charged to residents. --Selectman Robinson also stated that he would like to talk about what the Selectmen would like to do about funding fluoridation. MOTION: To send a letter to the Finance Committee stating that finding for the Mill Pond Dam and Fluoridation projects should come out of stabilization fiord not the $300,000 voted for the capital plan. The stabilization find is for one -time capital costs. (Robinson - Pasquale) All in favor. PASSES. Board of Selectmen Questions and Comments continue Questions and comments from the Board of Selectmen were concerning the water hookup charge, and where payments for hookups are deposited. • Wastewater Capital Requests Lee Azinheira, Town Engineer, reviewed inflow and infiltration funding options with the Selectmen and stated that the sewer lateral charge needs to be reviewed further. The Board of Selectmen will review the packets of information submitted by Mr. Buckley and Mr. Azinheira for a more in depth discussion at next week's meeting. • Sewer Extension Policy Air. Azinheira explained that minor changes have been made to the policy since its first presentation and explained the changes. One revision to the policy was made to reflect that the approving authority for individual projects is the Water and Sewer Commissioners and that funding approval must be received from Town Meeting. Chairman Royle suggested criteria to rate the projects be incorporated in the policy. • Inflow /Infiltration Discussion concerning inflow and infiltration included the plant's average flow rate is. • Downtown Parking Plan Mr. Williams stated that the Town Engineer's redraft of the downtown parking lot plan dated March 5, 1996 incorporates the Planning Board's and Police Chief's comments and is now being reviewed by the Building Inspector. Selectman Colella suggested this topic be placed on next week's agenda and the neighborhood residents invited to the meeting to voice concerns. Selectman Pasquale stated that he would like a final parking plan for the downtown area before taking any action on this proposal and that he would not be opposed to postponing action on this proposal for another week. A consensus of the Board of Selectmen was in favor of tabling this topic for a couple of weeks • Special Town Meeting Warrant MOTION: To open and close the Special Town Meeting warrant within the Annual Town Meeting scheduled for Monday, April 1, 1996, at 8:00 PM. (Robinson-Pasquale)-All in favor. Passes. • Budget Publication Schedule Mr. Williams stated that he has given everyone until March 8 to submit all budget comments to his office. 10. Selectmen A. Old Business • Laborer's Position As a result of discussions at last week's Selectmen's meeting, Mr. Clifford, DPW Director, forwarded a memorandum to the Town Manager stating that there is a definite need for the additional laborer position. All Selectmen but Selectman Robinson expressed support for the DPW laborer's position, • Paine School and West Mansfield Fire Station Bids Mr. Williams requested the Selectmen's input on bids received for the Paine School and West Mansfield Fire Station. Selectman Pasquale state that he would not have a problem moving forward with the bids received. Selectman Robinson expressed opposition to selling the Paine School and leasing it from the new owner. Selectman Robinson stated that he would not want to transfer ownership on the building until the Town offices vacate the building. Selectman Colella expressed opposition to the sale of the buildings. B. Old business Selectman Colella stated that he thought the Plymouth Street fire station project was going to be done by the Town's Highway Department but that he has visited the site three times, and during each visit, he has not seen highway truck, but has seen Dorrance trucks. Selectman Colella stated that Dorrance was a high bidder on the project and requested clarification of this issue from the Town Manager. Next, Selectmen Colella referenced a recent memorandum from Mr. Clifford in response to Selectman Colella's inquiry about restricted parking signs on Cottage Street. Mr. Clifford's memorandum stated that there were never restricted parking signs posted on Cottage Street; however, Selectman Colella noted that he has counted five sign post holes on Cottage Street. Selectman Colella requested clarification of this issue also from the Town Manager. 1 1. Adjournment - 1 1:30 I'M MOTION: To adjourn. (Pasquale- Colella) All in favor. PASSES. �F ti (ilff Si."natur /"P' ro..,� 16 Date of Approval