HomeMy WebLinkAboutBOS MINUTES 11-4-1998i
Board of Selectmen
Minutes
November 4, 1998
Ci (, 17 c;J r
Present: Chairman Madan, Clerk McCarter, and Selectman Royle and McC 4er
John D'Agostino, Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of
allegiance.
2. 7:30 PM Discussion with Veterans' Agent Gerry Scherma
In honor of the upcoming Veterans' Day, Mansfield's Veterans' Agent, Gerry Scherma,
gave a report of the duties performed and services offered by his office.
3. 7:50 PM Light Commissioners Business
Jack Beliveau, Electric Department Director, and Jim Goulet, Electric Department
Auditor, were present for this discussion. Mr. Beliveau updated the Light Commissioners
on the following issues: Status of the Treasury function; computer billing system;
telephone system; temporary staff retained; efforts seeking replacement staff, and financial
reports.
Jim Goulet, auditor, gave a report on the financial situation of the Electric Department
noting the Department is in good shape, timely financial statements would be provided to
the Commissioners, all important bills have been paid on time to avoid any late penalties,
every function of the Electric Department office staff would be outlined in written form,
and the Department is financially in balance.
Light Commissioners Questions:
The Light Commissioners asked questions concerning the following' funds available
through MMWEC accounts, minimum call out timelpay for linemen, and the cost
effectiveness of overtime and solution for same.
Mr. Beliveau, requested,,at MMWEC's request, that the Board of Light Commissioners
change its official voting representative.
Motion: That the Town of Mansfield, pursuant to Article III, Section 6 of the
Massachusetts Municipal Wholesale Electric Company ( MMWEC) By-
Laws, as revised and amended, and Section 3(b) of Chapter 775 of the
Acts of 1975 hereby designates John J. Beliveau, its Director of Municipal
Lighting, as its voting representative, to vote and executive written
instruments on its behalf relative to adoption, amendment, or repeal of
MMWEC By -Laws, the election of President and Directors of the
corporation, and other action by the member cities and towns of MMWEC;
and that John D'Agostino, its Manager, is hereby designated as an alternate
voting representative, have all the powers conferred upon the voting
representative.
(Boyle- Mahana) All in favor. Passes.
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Mr. Beliveau also reported the following: He is working on a refund procedure with the
Treasurer and Accountant; the Electric Department addressed numerous outages caused
by squirrels over the past few weeks; squirrel guards will be installed in vulnerable areas;
and Kathy Freeman's request for reimbursement for damages caused by an outage was
rejected by the insurance company. The insurance company stated the outage was an act
of God because of thunder and lightening, but there was no storm on that day. Mr.
Beliveau recommended the Commissioners consider, after legal consultation, limiting the
Town's liability to what the claimant has paid over the previous 12 months to the Light
Department.
Motion: To pay Mrs. Freeman.
(Madan- Royle) All in favor. Passes.
Lastly, the Commissioners discussed the possibility of requiring the Telephone Company
to place the telephone cables on Main Street underground by adopting MGL Chapter 166
Section 22d.
4. 8:50 PM Questions and Comments - None
5. Weekly Business
A. Warrant No. 19 - $2,331,011.86
Motion: To approve.
(Boyle- Mahana) All in favor. Chairman Madan abstained from all
Building Department items; Clerk McCarter abstained from the
Municipal Building Committee payroll; and Selectwoman Royle
abstained from all Board of Health. Passes.
B. Holiday Parade Update
Jay Barrows, President, Downtown Business Association, gave an update on plans for the
November 29 holiday parade and tree lighting and downtown evening holiday stroll.
6. 9:00 PM Sunday Package Store Hearings
Clerk McCarter read the public hearing notice to consider Sunday package store openings
during the holidays. The following businesses requested to participate in the program:
Bristol Liquors 670 East Street
Dubs's Discount Liquors 30 Chauncy Street
The Store
Dias West Mansfield Variety Inc.
Mansfield's Variety & Deli
Rum Runner Wine & Spirits
Tedeschi Food Shop
Villa Liquors
213 South Main Street
428 Elm Street
70/72 Pratt Street
377 Chauncy Street
242 Chauncy Street, CVS Plaza
219 North Main Street
Peter DeTrolio, Rum Runner Wine & Spirits, requested the Selectmen grant the permits
for Sunday openings during the holidays.
Paul Kearns, Tedeschi Food Stores, requested the same hours as last year.
Motion: To close the hearing.
( Mahana- McCarter) All in favor. Passes.
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Motion: To approve Sunday openings for the Sunday before thanksgiving until the
Sunday before New Years, with an opening time of 12:00 Noon, and
closing time of no later than 11:OOPM
(Mahana - McCarter) All in favor. Passes.
7. Weekly Business Continued
C. Licenses and Permits
❑ Bond Anticipation Notes
Motion: To approve the sale of $9,200,000 3.25 percent Bond Anticipation Note of
the Town dated November 19, 1998, and payable October 28, 1999 to
State Street Bank and Trust Company, at par and accrued interest plus a
premium.
(Mahana - Royle) All in favor. Passes.
❑ Balcom Ridge Lots Deeds for lots sold to Fred and Julie Acker and Constantino
Pisano, Lots 408 and 98 respectively. The closing is scheduled for this Friday.
Motion: To sign.
(McCarter - Mahana) All in favor. Passes.
❑ Betterment Assessments for Tremont Street Sewer Extension Project
Motion: To sign
(Mahana - Royle) All in favor. Passes.
❑ Application of Professional Developers for a Drainlayers License
Motion: To approve.
(Boyle- McCarter) All in favor. Passes.
Common Victualler Wine and Malt License Certificate reflecting the tranfer of the
GreatWoods License from Blackstone Entertainment to DLC Acquisition Corp.
Motion: To sign.
(Boyle- McCarter) All in favor. Passes.
Selectman Mahana inquired about a letter listed in last week's correspondence notifying
the Selectmen of a number of last drink complaints received for Great Woods. Town
Manager D'Agostino stated according to an opinion received from Town Counsel, the
Selectmen may not hold a hearing based on the notification but may invite the General
Manager, Bruce Montgomery, in to discuss steps being taken to address the issue. A
consensus of the Board was in favor of inviting Mr. Montgomery in to a meeting.
❑ License and Permit Renewals for 1999
Assessors' and Treasurer's Offices Routing Slips are attached to each license
Common Victualler
8 -99 Bristol Elder Services Nutrition Program, 255 Hope Street — Request for a Fee
Waiver attached.
Motion: So moved to waive the fee.
(Mahana - Royle) All in favor. Passes.
23 -99 LaDonna Restaurant Inc., 240 -246 Central Street
25 -99 D. G. P. & Sons Inc. dba Jimmy's Pub, 141 North Main Street
26 -99 Yong O. Gould dba Caf6 Arpeggio, 214 North Main Street
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29 -99 Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge, 407 -409 North Main
Street
36 -99 LaBamba Mexican Restaurant Inc., 310 North Main Street, Unit 5
Motion: To approve the common victualler licenses.
(Boyle- McCarter) All in favor. Passes.
Live Entertainment Weekdays
3LW -99 LaDonna Restaurant Inc., 131 Copeland Drive
26 -99 Yong O. Gould dba Caf6 Arpeggio, 214 North Main Street
Motion: To approve.
( Mahana- Royle) All in favor. Passes.
Weekday Music Machine
3MM -99 Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge, 407 -409 North
Main Street
Motion: So moved.
( Mahana- Royle) All in favor. Passes.
D. Minutes
❑ Minutes of October 21, 1998
Motion: To approve.
(Boyle- Mahana) All in favor. Passes.
a Executive Session Minutes of August 26, 1998, and October2l, 1998
Motion: To approve the executive session minutes of August 26 and release.
(Boyle- Mahana) (3 -0 -1) Clerk McCarter abstained. Passes.
Motion: To approve the executive session minutes of October 21, 1998
(Boyle- Mahana) All in favor. Passes.
❑ Clerk McCarter read a letter in the licenses and permits folder from Laura Fasoli, at
ther request, requesting the Town remove the trees located on the island at Chauncy
and Pratt Streets because they inhibit site distance for vehicles. Town Manager
D'Agostino stated another resident stopped in his office this date also to complain
about the same trees and he suggested the Selectmen may want to consider removal of
the trees as a public safety measure. Willy Sarro, resident, also requested removal of
the trees.
Motion: That in the interest of public safety, the two trees located on the island at
Chauncy and Pratt Streets be removed.
( Royle- McCarter) All in favor. Passes.
E. Correspondence
Action
State and Local Government
Letter from the MBTA requesting comments on the "MBTA Attleborough Commuter
Rail Line Noise Mitigation Prioritization Study -Draft #I", dated July 1998
Other
Board and Committee
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Letter from Jefrey Siena, Airport Commission, requesting reappointment to the Airport
Commission
State and Local Government
Letter from the Mass Department of Revenue certifying the amount of available funds as
of July 1, 1998, for Mansfield is $1,142,234
Selectwoman Royle requested the Town Manager give the Finance Committee a copy of
the Free Cash origination breakdown.
Letter from Ginney Coppola, Aid to Representative Hyland, with the enclose information
regarding the Land and Pond Grant Program
Letter from the MBTA stating, as part of their commitment to public safety, they have
established a "Rail Safety Trespass Prevention Office" and would begin training and
certifying additional local public safety officials in many communities they swerve to
enable them to present the Operation Lifesaver Rail Safety Education Program to children
and adults in the community. The MBTA urges the Selectmen to support the program
and also encourage the School Principals to display "Play It Safe" posters, which would be
distributed within the next few weeks in the schools.
Motion: To support the Operation Lifesaver Rail Safety Education Program.
(Boyle- McCarter) All in favor. Passes.
Miscellaneous
Letter from Douglas Whiting, Vice President and General Manager, Time Warner Cable,
expressing disappointment with their inability to reach an agreement with the Town on
license amendments, outlining all of the components of their final offer, withdrawing their
i offer, and requesting the Board's approval of an attached memorandum of understanding
allowing channel realignment. A consensus of the Board was in favor of Town Manager
D'Agostino contacting Time Warner to try to reopen negotiations.
8. Old Business
A. Town Manager
Town Manager D'Agostino reported the following:
❑ Mr. D'Agostino stated he met with the Board of Assessors to discuss increasing the
clause exemptions to reduce the tax burden for certain residents in Mansfield in an
attempt to maintain a diverse population including the elderly. Selectwoman Royle
asked if the Town Manager had obtained the comparison she requested on taxes of
equal size building in adjacent communities.
❑ The Town is moving forward with a sewer rate study.
Selectman Mahana left the meeting at 9:50 PM.
❑ Trash collection will be on schedule next week and will be collected as usual on
Wednesday, Veterans' Days.
a The grand opening of the train station project's architect, VHB, was November 3,
1998. A meeting among Town staff and VHB personnel is planned for November 10.
` A public meeting is anticipated for December 10 at 7PM, in Meeting Room 3AB.
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❑ The industrial park business roundtable breakfast last week was a great success. A
greater attendance by the business community is hoped for the next meeting. Clerk
McCarter asked if Professor Mullins could speak at a future meeting.
❑ Mr. D'Agostino suggested the Town may want to review the restrictions in the
industrial park so that it may be more competitive. Selectwoman Royle suggested the
Selectmen may want to hold a workshop with the Planning Board and Industrial
Development Commission at some point in the future to discuss this.
B. Selectmen
❑ Selectwoman Royle inquired of the purpose of the sewer workshop scheduled for
November 19 and whether or not it is warranted at this point in time in light of recent
restrictions proposed by DEP on sewerage treatment plants. Selectwoman Royle also
asked if the water model to be generated by Woodard & Curran would include the
Village at Willow Crossing project.
• Clerk McCarter asked what actions would be taken as a result of failure of the
budgetary shortfall article at the Special Town Meeting. Selectwoman Royle asked if
the issue could be resolved at a Special Town Meeting within the Annual using money
from stabilization.
• Selectwoman Royle asked the Town Manager to provide her with information
concerning the effectiveness of the DARE program, if any exists.
9. New Business
A. Town Manager
❑ Town Manager D'Agostino reported, as recommended by Professor Mullins to the
Industrial Development Commission, the Town entered into a contract with Jackie
Cohn to put together a brochure on Mansfield including the Cabot Business Park and
quality of life in Mansfield. The brochure will be geared to decision makers in
industry.
B. Selectmen
❑ Chairman Madan announced that Town Manager D'Agostino would be dealing black
jack on November 6 at Las Vegas Night at the Holiday Inn. The event is a fundraiser
for midget football.
❑ Referencing a statement by a judge in a Finding on the Great Woods parking lot,
Clerk McCarter requested Town Counsel review the finding and determine if Great
Woods should have a commercial parking license. The statement referred to Great
Woods as a competitor of Mr. Clemmey's parking business.
Motion: To send to Town Counsel so that this may bolster an argument that this is
a commercial parking lot.
(McCarter- Madan) (2 -1) Selectwoman Royle opposed. Passes.
10. Adjournment 10:25
Motion: To adjourn.
�oylp- McCarter) All in favor. Passes.
Clerk's Signature Date of Approval
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