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HomeMy WebLinkAboutBOS MINUTES 12-3-1997Board of Selectmen Minutes December 3, 1997 CS=C 12 x.::10: t!9 Present: Chairman Madan, Clerk Royle, Selectmen Colella, Robinson, and Mahana ! J John D'Agostino, Town Manager I'A -)�+ ,iu ZIPS 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Chairman Madan welcomed the new Town Manager John D'Agostino. B. Warrant No. 23 - $762,545.89 Motion: Move to approve. (Boyle - Mahana) All in favor. Clerk Royle abstained from all Health Department items, and Chairman Madan abstained from all Building Department items. Passes. C. Minutes of November 5 & 18, 1997 Motion: To approve the minutes of November 5 as amended- -the letter listed in correspondence from the Town Clerks' Association should be forwarded to the Town Manager not the Town Clerk. (Boyle- Mahana) All in favor. Motion: To approve the minutes of November 18. ( Royle- Colella) All in favor. Passes. D. Licenses and Permits • Drainlayers License for Donald B. Bernt Motion: So moved. (Robinson - Mahana) All in favor. Passes. • Letter from the Elks requesting an extension of their closing hour on New Year's Eve until IAM and requesting permission to use the Municipal Parking lot until IAM that evening Motion: So moved. (Colella- Mahana) All in favor. Passes. Motion: So moved to use the13arking lot until JAM. (Colella- Mahana) All in favor. Passes. • Change of Manager for Mansfield Realty Trust dba Holiday Inn Mansfield from Robert McCarthy to Janice Perna Ms. Perna was present for the review of the Holiday Inn's application for a change of manager on their liquor license. Clerk Royle noted a memorandum from the Police Chief stating that the Police Chief has no objection to the change. Motion: So moved to approve the change of manager. (Colella- Mahana) All in favor. Passes. • Willis Street Request for Proposals One proposal was received for the Willis Street parcel from Lori Abbot. Motion: To accept the bid of $1,300 for Sections 2 & 3 of Willis Street from Lori Abbot, 127 Shawmut Avenue, Mansfield. (Royle- Robinson) All in favor. Passes. • YMCA Lease Agreement for the Mystic Club Property Motion: To table until next week. ( Colella- Mahana) All in favor. Passes. E. Correspondence Action Resident Petition from South Street residents requesting a sidewalk on South Street Forwarded to DPW Director and Town Engineer, for revietiv Request from Linda Dunfey, 437 Franklin Street, requesting a yellow blinking light at the Maple Street/Franklin Street intersection Forwarded to Police Department for review. Board and Committee Memorandum from the Municipal Building Committee asking if they can ask DPW to stripe the police station site so they may receive an occupancy permit Memorandum from the Municipal Building Committee asking when the sidewalk paving will be completed at the police station site See memo below from DPW Director under Other - Town Manager and Staff Town Manager and Staff Memorandum from the DPW Director requesting approval to begin construction of the Plymouth Street football fields using existing funds to start the initial phase Motion: So moved. (Mahana - Colella) All in favor. Passes. Miscellaneous Request fi•om Boy Scout Troop 55 Committee for a waiver of the town's portion of the electrical permit fees necessary to have electricity to their Christmas Tree and Wreath sale site, Dubs' parking lot Motion: So moved. (Robinson - Mahana) All in favor. Passes. Request from Joel Look for an abatement of his 1997 taxes A consensus of the Board of Selectmen was in favor offorwarding this letter to the Board of Assessors. Letter from Time Warner Cable concerning amendments to their cable license along with a memorandum of understanding for your review and signature Motion: To request Steve Grossman of Time Warner Cable to present the amendments at a meeting with the Cable Access Board of Directors present and ask Cable Access to review the amendments. (Boyle- Colella) (4 -0 -1) Selectman Robinson abstained. Passes. Other Town Manager and Staff Memorandum from the DPW Director concerning paving at the police station site State and Local Government Letter from Thomas M. Hodgson, Bristol County Sheriff thanking the Selectmen for their letter of appreciation for painting Memorial Hall and offering assistance with future projects Letter from SRPEDD concerning an amendment to the Transportation Improvement Program Letter from the Department of Revenue certifying Free Cash in the amount of $2,028,966 Letter from the Department of Revenue concerning Mansfield's FY97 Lottery Receipts Letter from the Cable Television Division with enclosed notice of a hearing for basic tier rates Miscellaneous Letter from Time Warner Cable concerning upgrades to Mansfield's cable programming Great Waves Environmental Notification Form Letter from Eileen Foley, Portsmouth, NH, Mayor, in support of the Great Waves proposal Letter from Bell Atlantic concerning EdLink Awards Copy Has Been Forwarded to School Department 2. Questions and Continents Tom Prestwich, Shadybrook Lane, stated Mansfield had $2,028,000 in free cash this year and $716,000 the prior year and that the funds would have covered all tax increases for last two years. Nh-. Prestwich asked the Selectmen to be more frugal in the future by setting a lower tax rate. Lastly, he urged the Selectmen to refund the free cash to the taxpayers next year. Peter DeTrolio, 496 Elm Street, asked who paid for the drainage work being done in the common to correct the Town Hall drainage. Mr. D'Agostino responded that the Town will be suing the architect to cover the cost of the drainage work. Karl Clenrnrey, 390 West Street, asked the Selectmen to look into Planning Board's action this evening because they took an agenda item, Form A Plan, out of turn. Mr. Cleanney also requested the Selectmen consider meeting on a different nights than the Planning Board and that he would like the Planning Board to switch their night. Lastly, Mr. Clemmey reminded the Selectmen that all comments on the "Great Waves" proposal are due by December 14. 3. 8:00 PM 875 South Main Street Open Air Parking Facility Violations Hearing The following persons were present for this hearing: Dan Clemmey and Karl Clemmey, Open Air Parking Facility License Holders; Robert Barnes, Karl Clemmey's Assistant; Mr. Affmato, parking facility employee; Police Chief O'Neill, Sergeant Robert Martin; and Police Officer Haynes. Police Chief O'Neill read his letter to the Selectmen notifying them of a capacity violation at 875 South Main Street on September 19. Dan Clemmey stated, as far as lie knows, there was no violation, and his receipts reflect that under 400 vehicles paid to park at his facility that evening. Mr. Clemmey also stated that the only thing that could have affected the count is employee cars, detail cars, maintenance vehicles etc. Mr. Clemmey presented a plan of his lot. Mr. Affanato explained the events that occurred the evening of September 19, as follows. Mr. Affniato was collecting money approximately thirty feet into the lot and was approaching three hundred seventy -five cars. A police car, Sergeant Martin, pulled up to the outbound lane and asked for Dan Clemmey, who was not present. The police car proceeded to the back of lot towards Karl Clemmey. Mr. Affmato followed the cruiser to the back of the lot. Sergeant Martin's presence and discussion with Mr. Clemmey created a lot of commotion in the lot. The traffic flowing into the lot backed up and the detail officer was yelling to move the cars along. Mr. Affmato asked the detail officer to close the lot and counted the money collecting so far that evening. According to money collected, there was still six more spaces available for cars. Board of Selectmen Questions Mr. Affanato was asked why he left his post unattended if his job was to collect money, how additional cars were able to enter the lot if the traffic had been stopped, and which detail officer directed cars into the lot. Karl Clemmey summarized the events of the September 19 evening stating a Great Woods employee was in Sergeant Martin's cruiser, who he wanted to search cars for bootleg T- shirts. Police Chief O'Neill stated as part of the Open Air Parking Facility license, Police Officers are allowed on the property. Police Chief O'Neill questioned the need for Mr-. Affanato to leave his post since the police officer did not engage him. Lastly, Chief O'Neill stated that the person with Sergeant Martin was not a Great Woods employee but that he has marketing rights for the act. Sergeant Martin reviewed the events of September 19 stating that approximately 7:13 PM he entered the parking lot with Jonathan Corruthers, that he did not interfere with cars being parked, and Mr. Clenwiey objected to his transporting a Great Woods' employee, although the passenger was not. Sergeant Martin stated Karl Clemmey was the only person he talked to in the lot and that Ire did not see Mr. Affanto. Lastly, Sergeant Martin reported that he left the lot at 7:33. Board of Selectmen Questions and Comments continued Members of the Board of Selectmen asked questions and made comments as follows: the lot should have been closed when the employee left his post, the number of violations this year, comparison of this violation to Great Woods' curfew violation, possibility of the license holders making a donation to the town, and direction of cars into the lot. Clerk Royle asked Officer Haynes about his directing cars into the Clemmey lot. Officer Haynes stated he stopped cars from entering the lot when lie was told and that he received his direction from Mr. Affmato. Motion: That Mr. Clemmey will make a donation. (Colella- Chairman Madan would not accept this motion.) Dan Clemmey offered a donation of $50, and Karl Clemmey offered a donation of $200. Motion: For a one day suspension with the date to be determined at a future date and time to be determined by the Selectmen. (Robinson - Royle) (4 -1) Selectman Colella opposed. Passes. Karl Clemmey requested a workshop on open air parking facility licenses. Next, Mr. Clemmey stated that there have been thirty -three convictions of drunk driving over a thirty -six month period of patrons leaving Great Woods, and stated the number of days the Police Chief is "employed by Great Woods ". Mr. Clemmey continued speaking about Police Chief O'Neill. Chairman Madan called Mr. Clemmey out of order three times, stated that he was disrupting the meeting, and asked him to leave the meeting. The meeting was adjourned at 8:40 PM, and Mr. Clemmey left the meeting. The meeting was called back to order at 8:52 PM. Police Chief O'Neill stated lie is solely an employee of the Town of Mansfield. Dan Clemmey addressed the Board of Selectmen stating that he finds it embarrassing talking to Board about the number of cars that are parked over licensed number, and compared his violation hearing to a letter from the Attorney General about persons convicted of drunk driving after leaving Great Woods. 4. Discussion with Harvey Gack, PATNA, re: Class H License Chairman Madan and Selectman Robinson left the room for this discussion Acting Chairman Royle asked if Mr. Gack does in fact have an office at 1 Fowler Street for his Class II license. Mr. Gack responded by submitting a copy of a letter from 1996 from Health Thru Hands stating he rents a desk from them at 1 Fowler Street. Acting Chairman Royle questioned his office location and the mailing address on self addressed envelope from Mr. Gack, Motion: That we grant the Class 1I license. (Mahana- Colella) All in favor. Passes. 5. Licenses and Permits 1998 License Renewals Alcohol Common Victualer All Alcoholic Spiezio Enterprises Inc. dba Geno's Restaurant and Lounge, 407 -409 North Main Street JEPJ Inc. dba Tahana, 60 Oakland Street Motion: So moved. (Mahana - Robinson) All in favor. Passes. Common: Victualer Wine & Malt Great Woods Center for the Performing Arts Inc., 885 South Main Street LaBamba Mexican Restaurant Inc., 310 North Main Street, Unit 5 Motion: So moved. (Mahana- Robinson) All in favor. Passes. Package Store Witte & Molt Dias West Mansfield Variety Inc., 428 Elm Street Sheryl Ellen Reilly dba Mansfield Variety and Deli, 72 Pratt Street Chauncy Investment Corp dba Tedeschi Food Shops, 242 Chauncy Street Motion: So moved. (Robinson - Mahana) All in favor. Passes. Automatic Amusement Mansfield Limited Partnership dba Holiday Hm Mansfield, 31 Hampshire Street 1 Machine Motion: So moved. (Robinson - Mahana) All in favor. Passes. Class II - - Tri -Town Auto Sales, 30 Winthrop Street Webb Auto, One Mansfield Avenue ( Fred's Car & Truck Sales, 631 East Street Chairman Madan and Selectman Robinson left the room for this vote. Motion: So moved. (Colella- Mahana) All in favor. Passes. Common Victualer Gary & Janet Eagan dba Honey Dew Donuts, 99 Copeland Drive LaBanlba Mexican Restaurant Inc., 310 North Main Street, Unit 5 Mary Ann Piccoli Botti dba Sweet n' Crafty, 34 North main Street Yong O. Gould dba Cafe Arpeggio, 214 North Main Street Mansfield Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: So moved. (Mahana- Robinson) All in favor. Passes. Live Entertainment Weekdays Yong O. Gould dba Cafe Arpeggio, 214 North Main Street Mansfield Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street, Mansfield Motion: So moved. (Mahana - Robinson) all in favor. Lodging House / SME Realty Trust dba Ye Old Barn, 17 Fulton Place - -- 16 Rooms \ Motion: So moved. (Robinson- Mahana) All in favor. Passes. Open Air Parking Nancy Gray McNeeley, 888 Motion: So moved. South Main Street - -- 124 Spaces (Robinson - Royle) All in favor. Passes Public Entertainment on Sundays Mansfield Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: So moved. (Robinson - Mahana) All in favor. Passes. Alcohol Package Store Wine and Malt Quikmart Inc. dba The Store, 213 South Main Street Motion: So moved. (Robinson - Mahana) All in favor. Passes. Package Store All Bristol Management Inc. dba Bristol Liquors, 660 East Street P & L Liquor Corp. dba Villa Liquors, 219 North Main Street West Mansfield Variety Incorporated dba Ruin Runner Wine & Spirits, 377 Chauncy Street F & W Inc. dba Dubs' Discount Liquors, 30 Chauncy Street Motion: So moved. (Mahana- Colella) (4 -0 -1) Selectman Robinson abstained. Passes Common Victualer All Bombalinis Inc., 54 -56 Pratt Street Holiday Inn Mansfield, 31 Hampshire Street GJLC Inc. dba CJ Scooters, 16 Old Colony Way DGP Inc. dba Jimmy's Pub Tang Sz Corporation dba Cheng Du Restaurant, 249 North Main Street LaDomia Restaurant Inc., 240 -46 Central Street Mansfield Lodge of Elks No. 2633, 140 North Main Street with an attached request for a refund of a portion of the renewal fee. Motion: To approve and pull CJ Scooters. (The license routing slip reflects outstanding taxes for the property CJ Scooters is located on) (Robinson- Royle) All in favor. Passes. Motion: We abate or reduce the Elk's license fee by $375. (Mahana - Robinson) All in favor. Passes. Prior to voting on the above motion, the following ivas discussed: Selectman Robinson stated similar requests have been received in the past and were denied by the Selectmen. Selectman Mahana stated that the difference is that this request is from a fraternal, non- profit organization who has been unable to utilize the license for their past five months. Common Victualer tine and Malt The Bagel Train, 350 North Main Street Motion: So moved. (Mahana - Robinson) All in favor. Passes. Automatic Amusement GJLC Inc. dba CJ Scooters, 16 Old Colony Way - 4 Machines Tabled Common Victualer GJLC Inc. dba CJ Scooters, 16 Old Colony Way Bombalinis Inc., 54 Pratt Street Mansfield House of Pizza, 175 North Main Street DGP Inc. dba Jimmy's Pub Motion: So moved. (Mahana - Robinson) All in favor. Passes. Lodging House James McLaughlin, 273 North Main Street Motion: So moved. (Mahana - Robinson) All in favor. Passes. Public Entertainment on Sundays GJLC Inc. dba CJ Scooters, 16 Old Colony Way Tabled Weekday Music Machine GJLC Inc. dba CJ Scooters, 16 Old Colony Way Bombalinis Inc., 54 Pratt Street Motion: So moved to approve Bombalini's only. (Mahana - Robinson) All in favor. Passes. Class H South Main Street Shell, 4 South Main Street Shaw's Auto Leasing Inc., 172 Copeland Drive Anagnos Enterprises Inc. dba Pro's Auto Sales, 46 Chauncy Street Chairman Madan and Selectman Robinson left the meeting for this vote. Motion: So moved. (Mahana - Colella) All in favor. Passes 6. Old Business A. Selectmen Clerk Royle stated she is looking forward to lifting the water ban so the signs can be removed and that she is troubled that the water ban is still in force in December. Motion: That with the Assistant DPW Director's approval we lift the water ban and remove the signs ( Royle- Colella) All in favor. Passes. Clerk Royle asked about the status of a request she made to the Acting Manager Richard Boucher to have a Town Hall hours sign made and posted on the Town hall doors. Clerk Royle requested a copy of the DPW Director's sidewalk plan and the remaining balance of the roads and sidewalks account. Clerk Royle also stated that she would like to hear Department Heads comments relative to accepting the Compo Chemical land. Town Manager D'Agostino responded that in speaking with Department Heads, they have said they would not be in favor of recreational uses on the site. Chairman Madan stated that he would not be interested in the site unless it has a clean 21E Mr. D'Agostino also stated the Selectmen may want to respond to the Great Waves ENF and that he will be asking Department Heads for their comments. Chairman Madan stated the industrial park in Norton has been extended and comments can still be submitted. Motion: To send a letter opposing any waiver of the ENF. (Mahana - Royle) All in favor. Passes. The Selectmen support a full MEPA rei4em Selectman Colella stated the Light Department employees were not paid to participate in Santa parade on November 30 and thanked all participants. Chairman Madan noted that the Highway employees who participated also volunteered their time. Selectman Colella stated that there is a huge dip in the road at the Oakland Street railroad crossing, at which cars have to come to a complete stop before going over, and requested it be repaired. Selectman Mahana inquired of the status of the Foxboro sewer capacity. Town Manager D'Agostino stated that suit was filed this date against the Town of Foxboro. Selectman Mahana also inquired of the status the Town's agreement with the Town of Norton for past due sewer bills. Town Manager D'Agostino responded that the agreement has yet to be signed by Norton. Motion: That when we receive the first $100,000 installment from Norton we direct that to the Mansfield Sewer Treatment Trust Fund for future expansion or enhancement of the sewer plant. (Mahana- Royle) Chairman Madan questioned the Selectmen's ability to direct the funds without a Town Meeting vote WITHDRAWN for further investigation. 7. New Business A. Town Manager • Department Heads Meeting Mr. D'Agostino stated that he will hold his first Department Heads meeting at the end of the week or beginning of next week, which will be an interactive meeting and will last one hour. The Selectmen are invited to attend. • Business Round Table Meetings Next, Mr. D'Agostino stated as outlined in the Master Plan, he would like to begin holding business round table meetings on a quarterly basis, which will allow the town to hear from the business community first hand on issues they would like addressed. All relative department heads will be invited. • Budget Process Town Manager D'Agostino stated that he would like to hold a budget session before submitting the budget to the Finance Committee and that he would like a group to review the budget consisting of a Finance Committee representative, Town Accountant, and Treasurer. • Personnel Policy Mr. D'Agostino stated that he will be establishing a Personnel Committee, which will represent a cross - section of Town Hall employees, to review the proposed personnel policy. Mr. D'Agostino hopes to finalize the policy over the next three or four months. Prior to being presented to the Selectmen, the policy will be reviewed by Town Counsel. Clerk Royle suggested including a representative of the Light Department on the Committee. B. Nero Business • Clerk Royle announced the Selectmen are in receipt of a memorandum from the Conservation Commission stating this Friday, December 5, at IPM Trudy Coxe, Secretary, Executive Office of Environmental Affairs, will award a grant to Mansfield for the seven parcels of land the Town Meeting authorized the purchase of last year. • Motion: To send a letter to Trish Bolea and Jay Barrows commending them for their outstanding organization of the Second Annual Christmas Parade. (Boyle- Mahana) All in favor. Passes. • Selectman Mahana asked who would be responsible to monitor the progress of the water projects, for which the recent Special Town Meeting appropriated money. Selectman Mahana also inquired about Voucher No. 1039 in the amount of $144.94 for the purchase of underwear and crew socks asking if it is a negotiated union contract item and Voucher No. 6258 for the Recreation Department for the purchase of a parachute bag. Next, Selectman Mahana thanked Sheriff Hodgson for sending inmates in to clear the trails in the Great Woods. Lastly, Selectman Mahana requested the Selectmen send a get well card to Councilor Robichaud wishing him a speedy recovery. 8. Executive Session 9:30 PM Chairman Madan polled the Board to go into negotiations and come out only to adjourn. Selectman Robinson Aye. Selectman Colella Aye. Selectman Mahana Aye. Chairman Madan Aye. Clerk Royle Abstain. '1 k� Clerk's Signature executive session to discuss contract c - ?Z 61 � Date of Approval