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HomeMy WebLinkAboutBOS MINUTES 5-19-1999Board of Selectmen Minutes May 19, 1999 r,. n Present: Chairwoman Royle, Clerk Wills, Selectmen Amoruso, McCarter, Robinson John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Minutes Motion: To approve the minutes of April 14, 1999. (Amoroso- McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. Motion: To approve the minutes of April 28, 1999. (Amoroso- McCarter) All in favor. Passes. Motion: To approve the executive session minutes of April 28, 1999, but not release them. (Robinson- Amoruso) All in favor. Passes. B. Warrant No. 47 Motion: To approve. (Amoroso -Wills) All in favor with abstentions. Passes. Chairwoman Royle abstained on all Board of Health items, Selectman McCarter abstained on the Municipal Building Committee payroll, and Selectman Robinson abstained on the School Department payroll. C. Licenses and Permits • Application of Massachusetts Sportservice Inc. to transfer the common victualler license for the Tweeter Center from DLC Corp. Motion: To approve. (Amoroso- Wills) All in favor. Passes. • Memorandum from Jeff Collins, Animal Control Officer, supporting a residents petition to erect animal waste signs on Maverick Drive, Morgan Road, and Pinto Way Motion: That we erect animal waste signs on Morgan Road, Pinto Way, and Maverick Drive. (Wills - Amoruso) All in favor. Passes. • SRPEDD Commission Representative Motion: To reappoint William Ottaviani to represent the Board of Selectmen on the SRPEDD Commission. ( Amoruso- Robinson) All in favor. Passes. • $8,000,000 in Bond Anticipation Notes for the School Projects Motion: To approve the sale of $8million at 3.50 %, Bond Anticipation Note of the town dated May 26, 1999, and payable October 28, 1999, to Bank Boston, N.A. at par and accrued interest plus a premium of $10,842.67. 52099.doc Page 1 of (Amoruso- Robinson) All in favor. Passes. D. Correspondence A. May 5,1999 Meeting Action: State and Local Government Letter from Karl Eklund, Chairman, SRPEDD Commission, requesting the Selectmen make an appointment to the SRPEDD Commission The Selectmen's present representative, Bill Ottaviani, would like to continue Other Resident Letter from Denise Moore requesting all meetings regarding the Rt. 140/495 southbound ramp be made public with proper notification given to all residents of Mansfield. Letter from Karl Clemmey, 750 South Main Street, concerning licensing delays In response a memorandum from the Building Inspector concerning renewal of his parking license for 875 South Main Street Town Manager and Staff Memorandum from John D'Agostino, Town Manager, stating the Town plans to pave Park Street in July Any work required by Bell- Atlantic as a result of the anticipated pole work must be completed by July. B. May 19, 1999 Meeting Action Resident Request from Tracey and Joseph Pinnetti, 4 Cobb Street, requesting a "Go Slow Children" sign on Cobb Street Forwarded to Police Department for review. Miscellaneous Letter from New Beginning Christian Fellowship requesting a waiver of the tent permit fee for their summer church services at Memorial Park Motion: To waive the tent permit fee. (Robinson - Amoroso) All in favor. Passes. Letter from Jonathan Muskrat, Training for Life, requesting the Selectmen issue a public endorsement, post an enclosed flyer in the Town Hall, and include an enclosed bill stuffer in the water and /or tax bills announcing the Recycle for Gold, Special Olympics Massachusetts fund- raiser removes unwanted cars and truck free of charge and recycles them into funds for special olympics Notice of the fundraiser will be displayed in Town Hall and on the local cable access channel. Other Resident Letter from Mary Andrews, 265 Fruit Street, complaining of the noise from Mansfield Municipal Airport Letter from seven homeowners on Columbine Road requesting the Town pave Columbine Road Forivarded to DPWfor review and recommendation. 52099.doc Page 2 of 7 Town Manager and Staff Memorandum from John D'Agostino, Town Manager concerning a meeting he attended with Mass Highway representatives regarding the Great Waves proposal Memorandum from Town Engineer Lee Azinheira and Town Planner Shaun Burke concerning Annual Town Meeting street acceptances State and Local Government Letter from James J. Hager, Superintendent, Southeast Regional Vocational - Technical School, informing the Selectmen of upcoming education finance hearings, and noting a meeting of particular interest is a June 8 meeting at the Gardner Auditorium at LOAM, at which ideas on a new formula will be presented Letter from Ginny Coppola with attached information regarding the Fourth Annual Community Service Awards sponsored by the Greater Attleboro- Taunton Health and Education Response, sent at Representative Hyland's request 4. Questions and Comments Peter DeTrolio, 496 Elm Street, asked why the Tweeter Center has been given until September to straighten out their parking lot problems and stated he does not feel another business in town would have been given the same type of leniency and that thirty days would have been sufficient. Tom Prestwhich, 4 Shadybrook Lane, filed a complaint that none of the vendors at this past weekend's Southshore Antique Auto Trading Bee at the Tweeter Center procured a business license. Mr. Prestwhich hopes the Selectmen pursue, with zeal, making transient vendors obtain business certificates, as every other community does. The event coordinator normally would put together a list of participating vendors, which is submitted to the Town along with the appropriate fee for each vendor. Clerk Wills responded that tvelve IRS agents were on site during the event collecting taxes, $10, from each vendor Karl Clemmey, 750 South Main Street, suggested Clerk Wills should try to have the Airport host the Trading Bee next year. Mr. Clemmey suggested with only eighty -four residents in attendance during the second session of this past Town Meeting, the Selectmen should put all Planning Board, Conservation, and petitioned articles on the Special Town Meeting warrant in the Fall, rather than on the Annual warrant or place an article on the warrant increasing the required quorum. 5. 8:05 PM Water Ban Discussion with Steve Bishop, Acting Water Operations Manager Mr. Bishop stated he had planned on recommending commencing a mandatory water ban in June but because the wells could not keep up with the wells this past weekend, he is recommending the ban immediately, on an odd /even basis. Members of the Board asked questions such as what would be done to notify residents of the ban, why the ban is needed now with a new well coming on -line June 1, and if the town would be providing residents with educational information about water conservation. 52099.doc Page 3 of 7 Town Manager D'Agostino recommended imposing the ban as soon as possible, beginning with a voluntary ban, watching the well levels, and instituting a mandatory ban next week if the levels do not increase. Motion: To institute a voluntary water ban beginning immediately on an odd /even basis, handheld watering allowed 6 -9am and 6 -9pin only, with the understanding that if it does not work, the Board may have to vote a mandatory water ban next week. ( Amoroso- Robinson) All in favor. Passes. Motion: That we institute a mandatory odd /even water ban, handheld watering allowed 6 -9am and 6 -9pm only, beginning no later than June 1, 1999. (Amoroso- McCarter) All in favor. Passes. 6. 8:27 PM Traittora La Cuccina Di Nona Wine & Malt & Cordials Permit Public Hearing Chairwoman Royle opened the public hearing at 8:27 PM, and Clerk Wills read the public hearing notice aloud. The applicant, Kenneth DeFazio, and his wife, Yvonne, introduced themselves to the Board, and Mr. DeFazio explained his application. The restaurant will be open five nights of the week and the menu will include Italian dishes similar to what his grandmother used to serve him. Mr. DeFazio would like to use purveyors from Mansfield, such as Dubs', Fresh Catch, local growers, and stated he could also incorporate produce delivery and meat delivery with Jimmy's Pub. Board of Selectmen Questions: Members of the Board commented on and asked questions concerning which five nights the restaurant would be open, when plans would be submitted to the Building Inspector, what would be done for trash disposal, how the applicant would keep his customers from parking in Jimmy's parking lot, close proximity to a day care center and school of dance, noise control for the facility, if wood ovens would be used, number of seats, hours of operation, if a bar is included in the plans, tips training certification, liquor storage, and handicap accessibility. When asked about trash disposal, Mr. DeFazio stated that he was told by DPW employees that he could leave four to five bags curbside for pick up by the Town, to which Mr. D'Agostino responded that his trash would have to be treated commercially and that picking it up would be against the town's contract. Chairwoman Royle noted for the record a letter from 115 North Main Street Realty Trust, Mr. Edward Carl III, an abutter, and enclosed letters from him to the Planning Board and Building Inspector. Public Questions and Comments: Tout Pres/n,hich, 4 Shadybrook Lane, referenced a license transfer a few years ago that spas going to be a family restaurant but is now a bar and asked why the Board would grant a license based on trust or dreams without seeing the establishment in operation. David Powxe, owner of 160 North Main Street, stated that he checked out the present restaurant run by Mr. DeFazio and that it is a very fine restaurant with an immaculate 52099.doc Page 4 of 7 kitchen, excellent food, friendly and cordial staff, and he feels the restaurant will be a credit to the town. Peter DeTrolio, 496 Elm Street, stated all Mr. DeFazio needs is a lease in order to get the license issued and not be a felon. Mr. DeTrolio stated he would like to see the license issued. Ezzat Zachary, Mansfield Horse of Pizza, asked the applicant if he has seen the parking situation downtown on Thursday and Friday evenings and how busy it can be. Mr. Zachary continued to express concern with the lack of parking on North Main Street. Mr. DeFazio responded that Mrs. DeFazio does not have a problem with directing their patrons to park in the public parking area. John Schromm, 863 School Street, stated the applicant cannot purchase alcohol from anyone but a distributor. Bernie O'Malley, 46 Park Street, stated he is enthusiastic about the restaurant but that the problem is the location, with the school behind it and the apartment building next door and possible noise from the facility. Lastly, Mr. O'Malley stated that he found a discrepancy in the property lines. Chairwoman Royle closed the public hearing at 9:20 PM. Motion: To approve the license for beer, wine, and cordials based upon successful approval of the following: approval by the Planning Board, if required, site plan approval by the Building Inspector; suitable trash disposal to be reviewed by the Health Agent; TIPS training Certification; Lease in Place; and with the hours of operation, 4pm -IOpm. (Amoruso- Robinson) (4 -1) Clerk Wills opposed. Passes. 9:30 PM Great Waves Discussion Eugene Boyle, attorney for the applicant, introduced himself and the applicant, Richard Samuels. Mr. Samuels explained the intent of his project and the history of the project and himself. Mr. Samuels submitted, for the second time, letters of recommendation from the Portsmouth Mayor's Office and Chamber of Commerce and a list of Portsmouth own Officials and their phone numbers. Mr. Samuels presented the "mid plan" for the water park and the present plan, "Phase 1", which reflects a 30% reduction from the original plan. Next, Mr. Samuels reviewed both benefits and issues relative to the park. In relation to water, Mr. Samuels stated if the bedrock wells go dry, an outside source for water has been contacted to fill a 60,000 - gallon holding tank. Chairwoman Royle read several questions submitted by the citizen group "Wave Good Bye," which was followed by questions asked by the Selectmen and Town Manager. Questions posed to Mr. Samuels were concerning: agreement between Tweeter Center and Great Waves to close early on sell out events at Tweeter, typical hours of operation, agreement not to use municipal water for the pools, commitment on a water use limit, use of automatic shutoff sinks, speeding up the permitting process for the Walsh Well, depth of bedrock wells, if the bedrock wells supply potable water, reliability of bedrock wells, alternatives if the wells do not produce, quality of bedrock well water, size of holding 52099.doc Page 5 of 7 tank, maximum capacity for Phase 1, traffic management to prevent backups on Route 140, number of patrons departing the last two hours, amount of chlorine to be discharged at the end of the season, and notification to public of early closure days. Motion: To extend the period of the Board of Selectmen's meeting to 11:30 PM. (Amoroso- Wills) All in favor. Passes. Additional questions asked by the Selectmen and Town Manager were regarding: intersection traffic levels, appearance of frontage of property on Route 140 and what would be done to stop backed -up motorists from using the property as a bathroom, all day closures during an all day event at the Tweeter Center, intersection failures, validation of Great Waves by Municipally contracted consultants and possible suggestions for changes, openness to consultant's recommended changes, and giving consideration to the possibility of providing direct mitigation for water used by investing in the system such as for I &I. Because of the late hour and number of residents' questions remaining, Chairwoman Royle asked Great Waves if they would be willing to attend an additional Selectmen's meeting when the entire night could be devoted to the topic. Great Waves agreed. The Wave Good Bye contact, Diane Ready, will submit the group's questions in writing to be forwarded to Rayna Rubin prior to the meeting. 6. Miscellaneous Business • Application of Kenneth DeFazio for a common victualler license at 160 North Main Street Motion: So moved. (Robinson - McCarter) All in favor. Passes. • Telecommunications Committee Town Manager D'Agostino asked if the Selectmen could appoint a five - member board with a member from Motorola and the industrial park, to which Chairwoman Royle responded both Messrs. Giangarra and Benson work for Motorola. Motion: To appoint Darrel Benson, Doug Ronald, Phil Giangarra, and Jack Beasley. (Wills- Robinson) All in favor. Passes. • Summer Meeting Schedule Chairwoman Royle proposed the following summer meeting schedule: June 2, 9, and 16; July 14 and 21; and August 11 & 25. A consensus of the Board was in favor of changing the July 21 meeting to July 22 because the downtown sidewalk sale will be that evening. Motion: So moved to approve the summer meeting schedule. (Amoroso- Robinson) (4 -1) Selectman McCarter opposed. Passes. 8. Town Manager Report • Woodard & Curran will attend the June 7 Light Commissioners Meeting to update the Board on the Morrison Well • Delays with the School Street culvert project were caused by Bell Atlantic. 11:30 PM Motion: To adjourn. (Wills - McCarter) Withdrawn 52099.doc Page 6 of 7 Motion: To adjourn in fifteen minutes. (Wills - Amoroso) All in favor. Passes. • Effective Monday, Lee Azinheira will be the new DPW Director. • The Walsh Well will be on -line on June 1. • The Route 495 ramp meeting will be held tomorrow evening at 7:30 PM in Room 3AB. • The Old Colony Trail meeting will be Thursday, May 27, 1999, from 6pm -8pm. • Mr. D'Agostino will be away at a managers' conference in Jiminy Peak from June 3 to June 5. • Mr. D'Agostino will be on vacation the last week in July and the first week in August. • The air conditioner in the Meeting Room 3AB has been quieted as a result of receiving a number of complaints that it interferes with the audio during the cablecast. • A statement will be issued on Friday concerning the extent of contamination at Memorial Park. • The Train Station Development team will make a presentation to the Board of Selectmen on the preferred option at the June 2 Selectmen's meeting. There will be one additional public meeting to present the design and consensus of the Train Station Development Team, after which the plans will be brought to various community organizations. 9. Selectmen — Old/New Business • Clerk Wills asked if the Town Manager had ascertained hidden costs associated with the Tweeter Center, such as court costs. • Selectman McCarter asked if a vacant position on the Council on Aging would have to be advertised when a previous applicant is still interested. • Selectman Amourso asked if the Town Manager knows why the renovated train station is not proposed adjacent to the sidewalk. 10. 11:45 PM Adjournment Motion: To adjourn. (Robinson - McCarter) 'n favor. Passes. Clerk's -Sigticilure Date o -4_p 1101) d 52099.doc Page 7 of