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HomeMy WebLinkAboutSELECTMENminutes02092011 Town of Mansfield Board of Selectmen Minutes of February 9, 2011 Present: Chairman Kevin Moran, Vice Chairman George Dentino, Clerk Douglas Annino Selectman Jess Aptowitz, Selectman Olivier Kozlowski William Ross, Town Manager. Atty. Paul DeRensis is also present. Absent: VFW Liquor violation hearing continuation James Morrissey, Post Commander and VFW Atty. Ferris, Chief O'Neill and Atty. DeRensis are present. Motion: To reopen hearing for VFW. (Aptowitz/Kozlowski) 5:0 passes Chief O'Neill recapped the December 18, 2010 incident for the Board of Selectmen and viewing audience. The Mansfield Board of Selectmen has received information indicating that VFW #3264, located at 88 Chilson Ave, Mansfield, Massachusetts, violated the following Massachusetts General Laws (MGL) and/or Regulations of the Alcoholic Beverages Control Commission on December 18,2010: over service of liquor, in violation of Massachusetts General Laws (MGL) Chapter 138 S.69; sale or delivery to intoxicated persons. As a result, the bar manager was in a serious accident which resulted in bodily injury to a woman and her child. Chairman Moran asked Chief O'Neill if he had a recommendation for sentencing. Chief O'Neill stated he would recommend a one day suspension. Atty. Ferris has no further questions. Motion: To close hearing. (Kozlowski! Aptowitz) 5:0 passes Motion: To determine if a violation occurred on the date specified. (Annino/Kozlowski) 5:0 passes Selectman Dentino had a few questions as to why witnesses were not being called on. Chairman Moran explained they voted to close hearing and to rely on Chief O'Neill's recap of the event. Atty. Ferris also had no further questions. However, Selectman Dentino was also concerned that other area establishments were not checked. Chief O'Neill stated that the other restaurant in the immediate area, Cheng Du, was checked by police. Board of Selectmen Minutes of February 9, 2011 Motion: To impose a one day suspension on the VFW. (Kozlowski/ Annino) 4:1 passes (Annino nay) Discussion: Selectman Annino asked how long it had been since the last violation. Chief O'Neill stated that it has been at least 10 years. Selectman Aptowitz asked how gets to choose the day of the suspension. Chairman Moran stated that the establishment and the Board of Selectmen usually agree to a day. Both Selectmen Aptowitz and Kozlowski commented that alcohol violations are a serious matter; and should be treated as such. Selectman Annino agrees and is not sure that a one day suspension is actually enough for such a violation. After a short discussion among the board members, the suspension was motioned as mentioned above. Motion: To set the suspension date as Friday, February 18, 2011. (Kozlowski! Aptowitz) 2:3 fails. (Annino, Moran, Dentino nay) Motion: To suspend the Sake Restaurant hearing until the closure of this hearing. (Aptowitz/ Annino) 5:0 passes Discussion: The board members discussed that in the past the suspension day has been a week day, not a weekend day. After a short debate between the board members and Atty. Ferris the board voted. Motion: To set the suspension date as Tuesday, February 22, 2011. (Aptowitz/Kozlowski) 4:1 passes (Annino nay) Sake Steak house Liquor violation hearing Kevin Shi, Owner and Chin Chan, Manager of Record, Sake Steakhouse are present for discussion. Police Chief O'Neill recapped the events of the alleged violation of December 30, 2010. . Service of alcohol to a minor . Service of free alcohol . Creation of a gaming atmosphere involving alcohol Mr. Shi apologized for the incident and assured the board that they have taken steps to insure that these violations do not occur again. Board of Selectmen Minutes of February 9. 2011 2 Chairman Moran asked Mr. Shi if he feels the facts as cited by Chief O'Neill are correct. Mr. Shi stated yes. Mr. Shi asked the board to consider accepting a fine in lieu of a suspension as that would tarnish the reputation of the restaurant. Selectman Dentino asked Mr. Shi what kind of fine he would feel is appropriate. Mr. Shi first stated $500 and then other amounts were discussed. The board also discussed the practice of squirting sake into patron's mouths. Mr. Shi indicated that they are still conducting the process (squirting) but with soda. Chief O'Neill stated that alcohol service is a serious, responsible act and there is no excuse for not following the law. Motion: To close hearing. (Aptowitz/Dentino) 5:0 passes Motion: To agree three violations occurred as stated above. (Dentinol Aptowitz) 5:0 passes The board briefly discussed the option of Sake voluntarily donating to a community group/fund in lieu of a fine. Atty. DeRensis stated this would be acceptable. Motion: To issue letter of reprimand and a $500 fine. (Aptowitzl Annino) 2:3 fails (Dentino/Moranl Annino nay) Discussion: Selectman Annino asked why Selectman Aptowitz wants both. Selectman Dentino does not want to provide revenue for the state. Motion: To suspend for two days. (Dentino) no second. Motion: To issue letter of reprimand and a $1,000 fine. (Aptowitz/Kozlowski) 2:3 fails (Dentino/Moranl Annino nay) Motion: To issue letter of reprimand and a one day suspension. (Kozlowski/ Annino) withdrawn 5 minute recess called at 8:15pm Meeting resumed at 8:20pm. Mr. Shi asked if the Board of Selectmen would accept a letter of reprimand and a $1,000 donation to the COA heating fund. Motion: To accept offer as stated above. (Aptowitz/Kozlowski) 4:1 passes (Moran nay) Board of Selectmen Minutes of February 9,2011 3 Q&C None Weekly Business Warrant No. 11031PT in the amount of $316,342.63 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 1103ITV in the amount of $97,054.34 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11031P5 in the amount of $1,331,628.47 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 110315V in the amount of $426,749.52 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11032T in the amount of $656,606.56 Motion: To approve (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Warrant No. 11032E in the amount of $15,366.04 Motion: To approve (Kozlowski/Dentino) 4:0:1 passes (Aptowitz abstain) Warrant No. 110325 in the amount of $181,573.12 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11032PT in the amount of $296,939.89 Motion: To approve (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Warrant No. 11032TV in the amount of $89,135.31 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. l1032P5 in the amount of $3,629.86 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Warrant No. 110325V in the amount of $1,005.11 Motion: To approve (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen Minutes of February 9, 2011 4 One day beer and wine application from Tri County Beagle Club for February 20th from noon to Wpm. Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen meeting minutes of February 2, 2011 Motion: To approve (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Correspondence . Letter from the Boosters Club requesting permission to put on annual 5k Walk/Run on May 15th. Course begins at High School and runs to East St, Branch St, Ware St. and back to school. Public safety has approved. Motion: To approve event. (Kozlowski/ Aptowitz) 5:0 passes . Letter from Rumford Ave resident regarding the inability of our sidewalk plow to clear the ways. A short discussion ensued about the resident's/property owners/town's responsibility for clearing sidewalks. Town Managers Report . Request for street sign on W. Church St. is being processed. The lights on Williams St. bridge are also back on. . The DPW is trying to keep up with pot hole repair however, it has been very difficult due to the weather. . The DPW and Building Dept. have been working hard at clearing municipal roofs in addition to warning the industrial park occupants of the danger of snow covered roofs. BOS Updates . Selectman Kozlowski: Asked if residents would call the DPW to report any potholes they find so the town can fix them before any damage occurs to vehicles. The DPW knows of some areas but please call if you know of any others so they may fix them as soon as possible. Verizon is continuing to roll out their FIOS programming however, they are still debating the permit fees to be issued to the town. · Selectman Aptowitz: Most residents that he has heard from are pleased with the DPW's hard work during snow events. Board of Selectmen Minutes of February 9,2011 5 · Selectman Annino: Have we been able to clear our roofs with our own labor? No, we have had to hire labor in addition to our own employees due to the work load. Mr. Ross also stated that Mike Ahern has been monitoring the project closely. . Selectman Dentino: Question on expansion joint on School St. bridge. (needs repair) It is a state project and as such, we have sent MA Highway two letters of concern. However, we have not heard back. Mansfield Ave has been riddled with pot holes in the past and since it has been fixed it has held up well. There are a few community events going on this weekend so get out there and enj oy. . Chairman Moran: Reminded the board that they will review the town manager evaluation form next week. Comcast Cable hearing next week for residents input/questions. Executive Session meeting minutes are due to be released so please review for next weeks meeting. Adjournment Motion: Adjourn at 9:23pm (Aptowitz) 5:0 passes i?(J~~ ~ Signature of Clerk '711~c4 /6,' c(/// Date of Approval Board of Selectmen Minutes of February 9, 2011 6