HomeMy WebLinkAboutBOS MINUTES 7-8-1998Board of Selectmen , r of
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Minutes ,_! n
July 8, 1998 s I
98 JUL 27 A 9: 55
Present: Chairman Madan, Clerk McCarter, Selectmen Mahana, Robinson, and
Royle
11 A SS,ACHU i T TS
John D'Agotino, Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of
allegiance.
A. Warrants
• Warrant No. 2
Motion: To approve.
(Robinson - Royle) Chairman Madan abstained from all Building
Department items, Clerk McCarter abstained from all Municipal Building
Committee items, and Selectwoman Royle abstained from all Board of
Health items. All in favor. Passes.
• Warrant No. 53
Motion: To approve.
(Mahana - Royle) Chairman Madan abstained from all Building Department items,
Clerk McCarter abstained from all Municipal Building Committee items, and
Selectwoman Royle abstained from all Board of Health items. All in favor.
Passes.
B. Licenses and Permits
• New Beginnings Request for a waiver of the permit fee for the tent used for their
Sunday services at Memorial Park
Motion: So moved.
(Mahana - Royle) All in favor. Passes.
• Application of Blackstone Entertainment LLC for a Change of Manager from Charles
McNair to Brian Kelley
Mr. Kelley was present to answer the Selectmen's questions. The change in manager was
approved by the Police Chief, Assessors Office, and Treasurer Collector.
Motion: To approve the change of manager.
(McCarter - Mahana) All in favor. Passes.
• Letter from Robert Pierce resigning from the Recreation Commission
Motion: Move to accept.
( Royle- Robinson) All in favor. Passes.
• Application of Brunelle Contracting Company for a Drainlayers License
Motion: So moved.
(Mahana - Royle) All in favor. Passes.
• Application of DeJonco Corp. for a Drainlayers License
Motion: So moved.
(Mahana- Royle) All in favor. Passes.
C. Correspondence
Action:
Resident
Request from Heather Smith, 14 Mayflower Drive, to hold a block party on Saturday, July
11, beginning at 4PM
Motion: So moved.
(Mahana- Royle) All in favor. Passes.
Letter from Barry S. Fineberg, 2 Wildflower Lane, requesting a review of Time Warner's
pricing practice A copy of this letter has been forwarded to Coble Advisory
Town Manager & Staff
Memorandum from Police Chief O'Neill recommending, in light of a notification the Town
received from the Attorney General's Office, of four "last drink" complaints at the Tahana
in the last six months, all managers and liquor servers at the location attend "TIPS"
training, the police department increase patrols in the area, and that the Police Chief have
a conversation with the owner
Other
Resident
( Letter to the Board of Selectmen from Mary Cinelli, 7 Village Road, reminding the
Selectmen of there responsible to enforce the provisions of the cable license, namely that
Town Warner shall provide service within a 24 -hour period
Town Manager and Staff
Memorandum from John D'Agostino, Town Manager, stating that Hasty Evans of the
MBTA expressed an interest in negotiating with the Clennney Tank Parking Lot property
owner in an attempt to maintain the property as commuter parking
State & Local Government
Letter from Garth Patterson, Office Manager, Office of Congressman Barney Frank,
stating that once the report on the MBTA Attleboro Mitigation Prioritization study has
been finalized, his office will forward any response from the MBTA on the Town's
concerns as soon as possible
Miscellaneous
Fax from Heather Graf, CCATS, regarding the Fall River /New Bedford Rail Project
2. Discussion with Police Chief O'Neill re: Notification from the Attorney
General's Office of "Last Drink" Complaints for the Tahana Restaurant
Police Chief O'Neill received notification from the Attorney General's Office stating the
Tahana has been named four times in the last six months in last drink complaints and
recommended the following:
A. Require all managers and liquor sewers at that location to attend "TIPS" training
or the equivalent
B. Increase police patrols in the area
C. Conversation with the owner by the Police Chief
/ Board of Selectmen Questions:
l Members of the Board asked how the last drink statements could be proven, stated
increasing police patrols in the area of the establishment would be within the Police
Chiefs discretion, and questioned Tahana's response to the Police Chiefs discussion with
them this date.
Motion: To require as of January 1, 1999, that all liquor license managers and /or any of
his /her designees participate in "Tips" or the equivalent alcohol server training
program.
(Royle- Mahana) Selectman Mahana withdrew his second. All opiniolt oil the
legality of the above motion and its implementation will be sought from Z'owuu
Counsel.
Motion: To send a letter to Tahana stating we received a notice and although we
understand the Tahana may not be liable, we ask that they abide by the
recommendations of the Police Chief, that both Managers and servers attend
"TIPS" training or its equivalent.
(McCarter- Mahana)(4 -1) Royle opposed. Passes.
3. 8:00 PM Questions and Comments
Chairman Madan announced that The Great Duck Race scheduled for this evening was
postponed to July 22 due to the high and rapidly running water.
Peter DeTi•olio, 496 F,lnu Street wid liquor license holder, asked the Selectmen to think
about their previous discussion requiring TIPS training for all liquor license holders stating
that it would cost a tremendous amount of money, especially for establishments that
experience a great turn over in staff. Mr. DeTrolio suggested the Selectmen should only
penalize the licensees who sell illegally.
Ed Rosenberg, 796 Ware Stb•eet, asked if the townspeople would be asked to vote on the
amendments to the Charter proposed by the Charter Commission as a whole or if they
would be able to vote on individual sections. Mr. Rosenberg stated that he would like the
opportunity to vote on certain sections and not have to accept or reject the entire
document. Lastly, Mr. Rosenberg stated that he was disappointed last Saturday, on the
4th of July, that the Town did not fly large flags on the commons and requested that they
be flown in the future.
Bill Lewis, 23 Plantingfield Road, stated that his property backs up to the Balcom Ridge
Estates subdivision. Since the development of Balcom Ridge Estates, Mr. Lewis stated he
has had problems with water. During periods of significant rainfall a stream runs across
his property. Assistant Engineer David Field responded to Mr. Leivis' concern.
Karl Clennney, 750 South Main Street, asked if the Selectmen received any reports from
either the Police or Fire Departments concerning the Further Festival on July 1 at Great
Woods. Mr. Clemmey stated he submitted a complaint to the Town that the concert was
l extremely oversold. Lastly, Mr. Clenuney stated that a parking lot was installed across the
street from his property behind the Great Woods Office Park with no permits, screening
and buffering, nor advertisements in the newspaper. Mr. Clenmuey stated he would be
requesting reports on both issues at next week's meeting. Seleclworncrn Royle asked if
Mr. Clemmey's parking lot had been striped, and Mr. Clennney responded that he
received a waiver front the Building I nspeclor. Selectwonan Royle requested the Town
Manager obtain a copy of the letter for her.
4. 8:25 PM Discussion with Greg Cauhhvell re: Mansfield Fish and Game
Renovation/Gravel Removal
Mr. Cauldwell explained to the Board that this project was previously approved, started,
but not completed. The Fish and Game would like to complete the project at this time,
which involves removal of 12,000 yards of gravel and construction of a rifle range.
Board of Selectmen Questions and Comments:
Members of the Board of Selectmen and the Town Manager questioned the amount of
gravel to be removed, what would be done with the gravel, and the sale price for the
gravel.
Motion: To support the continuing improvements of the Fish and Game Club.
( Royle- McCarter cis long as they are in compliance with all Federal and
Massachuselis regulations wish the.fring locations). All in favor. Passes.
5. 8:35 Sewer Use Regulations Amendments
Town Engineer Lee Azinheira was present to answer the Board members' questions.
Motion: To approve the Town of Mansfield Drainlayers' license and sewer permit
regulations effective July 8, 1998
(Boyle- Robinson) All in favor. Passes.
6. Discussion with Trish Bolea, Downtown Business Association
Trish Bolea requested permission to post a "Farmers Market" sign on both the North and
South Commons on the Thursdays advertising the Market.
Motion: So moved.
(Mahana - Royle) All in favor. Passes.
Ms. Bolea also requested approval of a (18X24) downtown and municipal offices
directional sign, beginning with eight signs at first on Routes 140 and 106, and portions
of East and West streets.
Motion: To approve the signage.
(Mahana- McCarter) All in favor. Passes.
*Chairman Madan left the ineeling and passed the gaml to Clerk McCarter fior the
following public hearing.
7. 8:40 PM Stop & Shop Storage of Flammables Public Hearing
Acting Clerk Mahana read the notice of public hearing aloud.
Motion: To open the hearing.
(Mahana - Royle) All in favor. Passes.
Charlie Mulcahy, representing Stop & Shop, was present for the public hearing, as was
Lisa Davis, Mellisa Mentz, Traffic Engineer, Mike Proctor, Vice President for Stop &
Shop Gas Station Management, and Al Cracken, Tyree Engineering.
Mr. Mulcahy submitted the certified mail returns for the public hearing notification to the
Board of Selectmen and explained Stop & Shop's application to store 20,000 gallons of
gasoline underground for three proposed gas pumps.
Public Comment:
Karl Clettrtney, 750 South Main Street, asked if a certificate of compliance had been
issued for the property.
Acting Chairman McCarter reported that the license had been through departmental
routing and read each of the comments.
8:50PM Motion: To close the public hearing.
(Mahana - Royle) All in favor. Passes.
Motion: To approve with the restriction that if the property ceases to be used to dispense
fuel for a period of one year, the license shall automatically become void.
(Mahana - Royle) All in favor. Passes.
Two Minute Break
*Chairman Madan returned to the meeting.
8. Date of Special Town Meeting
Motion: To hold the Special Town Meeting on October 19, 1998.
( Royle- Robinson) All in favor. Selectman Mahana was not present for this
voted.
Following the above vote, members of the Board and the Town Manager discussed setting
parameters for the Special, organizing a babysitting service during the meeting, and
holding a Saturday Meeting vs. Monday.
9. Old Business
A. Town Manager
Town Manager D'Agostino reported on the following:
• The Town still has not received a response from the Norton Town Manager to
Mansfield's request for reimbursement of ambulance receipts.
• Town Counsel provided a positive opinion on charging Foxboro and Norton a 14%
late fee on water and sewer payments in accordance with the recent Town Meeting
vote.
Motion: So moved that we notify the Towns of Foxboro and Norton that effective at the
time of receipt of this letter, we will be charging 14% interest on all overdue
water and sewer bills.
(Mahana - McCarter) All in favor. Passes.
B. Selectmen
• Selectman Robinson asked if the Animal Control Officer had reviewed the animal
waste problem on the East Mansfield common.
t- • Selectwoman Royle asked if a meeting date had been set yet with the Town's auditors.
• Selectman McCarter asked if all town wells were on line.
10. New Business
A. Town Manager — None
B. Selectmen
• Selectman Robinson stated he received a call from a resident Monday from the Fruit
or Coral Street area complaining about the odor emanating from the sludge compost
facility. The Town Manager responded thca he would have the Town Engineer look
into this.
• In reference to a job positing for an Assistant Mechanical Inspector, Selectwoman
Royle asked if the Assistant left the position, if the position is new, and if it is
budgeted. The Town Manager responded drat the position was not budgeted and
wound be paid fi•onr an inspectioun fees renolviung acconut. "flue Assistant would fill in
during the absence of the Mechanical In.91)eclor.
• In reference to a telephone message from Town Counsel concerning payment of a bill
from the law firm, Rubin and Rudmen, for services rendered to the former Light
Department Manager, Selectwoman Royle suggested sending Rubin and Rudmen a
follow -up letter, once again requesting an itemization of their bill. WITHDRAWN.
• Selectman Mahana commented on articles in the newspaper siting last year's free cash
amount of 2.2M$ and a second article in which Mr. Gouveia, former Norton
Selectman, implied Mansfield is taking advantage of Norton. Clerk McCarter also
commented on the second article.
11. 9:30 PM - Adjournment
Motion: To adjourn.
Mahana - Royle) All in favor. Passes.
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