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Home My WebLink Aboutmin brd of selectmen 12/28/2005 Present: \,,;;,/ . u Town of Mansfield (I :.,. i , i Boa d fS Ie t I~" roe c men YhlV -5 /J'" Minutes of December 28, 2005 :. < 1/; fa: 5/ Chairman Roger Achille, Vice Chairman Bernard Dolan, Clerk Dat1lf~~~ 't~T Selectman Louis Amoruso and Selectman Michael McCue S Town Manager John D' Agostino r- The Board of Selectmen's meeting was called to order at 7:35 p.m., followed by the Pledge of Allegiance. . Warrant No. 26 in the amount of $1,664,262.32 Motion: To approve (Amoruso - Dolan) 5-0 Passes (Mr. McCarter abstaining from payroll check # 228965) . Warrant No. 27 in the amount of $10,779,876.28 Motion: To approve (Amoruso - Dolan) 5-0 Passes (Mr. McCarter abstaining from payroll check # 229068) .,--. . Regular Session Minutes of December 14, 2005 Selectmen's Meeting Motion: To approve (Amoruso - Dolan) 4-0-1 Passes (Mr. McCue abstaining) · Light Commissioners Executive Session Minutes of December 21, 2005 Emergency Meeting Motion: To approve but not release (McCue - Amoruso) 4-0-1 Passes (Mr. McCarter abstaining) . Order of Taking for Marshall Avenue Motion: To sign order oftaking and plan (McCarter - Dolan) 5-0 Passes . Change of Manager Liquor License for the Holiday Inn, Mansfield Mr. Amoruso suggested having the new manager come in. Motion: To approve (Dolan - McCue) 5-0 Passes Drainlaver's License Renewals (all documentation is in order the Town Engineer is recommending approval): . Riccio Builders dba Jack Riccio, Sr., 10 Sawmill Court, Mansfield Motion: To approve .r- (Amoruso - McCue) 5-0 Passes Board of Selectmen Minutes of December 28, 2005 ., · Plainville Pump & Excavating, Inc., 77 School Street, Plainville r Motion: To approve (Amoruso - Dolan) 5-0 Passes · J.H. Lynch & Sons, Inc., 50 Lynch Place, Cumberland, RI Motion: To approve (Amoruso - McCue) 5-0 Passes . Ferrara Construction Corp., 49 Lincoln Street, Norton Motion: To approve (Amoruso - McCue) 5-0 Passes · P. Beatty Excavation, Inc., 50 Potash Road/P.O. Box 174, Mansfield Motion: To approve (Amoruso - Dolan) 5-0 Passes LICENSE RENEWALS (all documentation & routine: slips are in order - except where noted): Common Victualler: · Trifecta Entertainment, Inc., dba Trifecta Sports Bar, 31 Oxford Road Motion: To approve r- (Amoruso - McCarter) 5-0 Passes · Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (Amoruso - McCue) 5-0 Passes · Wendy's International dba Wendy's Old Fashioned Hamburgers, 64 Copeland Drive Motion: To approve (Amoruso - McCue) 5-0 Passes . Mangia Bene, 20 South Main Street Motion: To approve (Amoruso - McCue) 5-0 Passes · Classic Pizza, 242 Chauncy Street (outstanding excise tax; they have been notified and to date, it has not been paid) Motion: To approve (Dolan - Amoruso) 5-0 Passes Amended Motion: To approve, subject to payment within ten days (Amoruso - McCue) 5-0 Passes r Board of Selectmen Minutes of December 28,2005 2 Public Entertainment on Sundays: r · South Shore Antique Auto Foundation, May 14,2006 Mr. McCarter noted that the Board already approved, but date has since changed. Motion: To approve (Amoruso - Dolan) 5-0 Passes Motion: To rescind the previously approved license for May 21,2006 (McCue - Amoruso) 5-0 Passes . Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (Dolan - McCue) 5-0 Passes Wine & Malt - Common Victualler: . Classic Pizza, 242 Chauncy Street (outstanding excise tax; they have been notified and to date, it has not been paid) Motion: To approve subject to payment within ten days (Amoruso - Dolan) 5-0 Passes . Trifecta Entertainment, Inc., dba Trifecta Sports Bar, 31 Oxford Road Motion: To approve (Amoruso - McCue) 5-0 Passes r All Alcoholic - Common Victualler: . Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (McCue - Amoruso) 5-0 Passes Automatic Amusement Device: . Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (Amoruso - Dolan) 5-0 Passes Live Entertainment Weekdays: . Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (Dolan - McCue) 5-0 Passes Weekday Music Machine: . Chamberlain Avenue Enterprises, Inc., dba Catman Cafe, 16 Old Colony Way Motion: To approve (Amoruso - Dolan) 5-0 Passes r"' Board of Selectmen Minutes of December 28,2005 3 Class II Auto Dealer: r . Transport International Pool, 875 South Main Street Motion: To approve (Dolan - Amoruso) 5-0 Passes . Shaw Auto Leasing, 95 South Main Street Motion: To approve (Amoruso - McCue) 5-0 Passes . Clemmey Inc., 390 West Street Motion: To approve subject to the existence of a building that has an occupancy permit at that address (Amoruso - Mr. McCue) Mr. Amoruso noted that there has to be a place where to hang the license. Vote: 5-0 Passes .r- Class III Auto Dealer: . Clemmey Inc., 390 West Street Motion: To approve subject to the existence of a building that has an occupancy permit at that address (Amoruso - Dolan)for discussion Mr. Dolan said that when he was on the Planning Board, a discussion ensued as to Erin's Center getting rid of the junk yard. Mr. Amoruso suggested contacting the Planning Board - they may have a specific expectation. Mr. McCarter said that the Planning Department indicated that this use is allowed under special permit in the underlying zone. Mr. Achille noted that this vote would not allow a junkyard into Erin's Center - there is a process that the owner would need to go through with the Planning Board. Mr. Dolan noted that he has not yet applied for a special permit. Mr. D'Agostino said that the use has clearly changed since the Planning Board allowed for a special permit to create Erin's Center. Mr. Achille said that most likely, a special permit would be needed at this time. Mr. McCarter suggested amending the motion to read, "Subject to the receipt for a special permit" Mr. Achille questioned why we are making the motions using the general bylaws. Amended Motion: To approve subject to the issuance of a special permit & occupancy permit (Amoruso - McCue) 4-1 Passes (Mr. Achille voting in the negative) Motion: To correct the vote that was taken on the Class II license to state that it is subject to the special permit as well as the occupancy permit (Amoruso - McCarter) 5-0 Passes . ABCC Renewal Certification for 2006 - shows that the Local Licensing Authority has acted on all renewals presented before them Motion: To sign the document for ABCC (Amoruso - McCue) 5-0 Passes r- Board of Selectmen Minutes of December 28,2005 4 r- · Copy of letter from Town Manager John D' Agostino to MassHighway regarding the lack of progress with Chauncy Street (Route 106) under the AMTRAK Railroad Bridge. · Email from a resident concerned with the plows hitting his mailbox 4 times in 3 years. · Letter from the Massachusetts School Building Authority to Superintendent John Moretti informing him that the Authority is embarking on a Needs Survey to gather preliminary facilities information for every locally-owned school facility in the Commonwealth. · Letter from the Animal Welfare Committee requesting that the Board consider donating Samsonite's community benefits gift of $25,000 to the New Animal Shelter Building Fund. Mr. McCue asked if we are in receipt of the funds. We have not yet received the funds. Motion: To send letter to the Animal Welfare Committee informing them that once the funds are received, their request will be considered (McCarter - Dolan) 5-0 Passes . Clarification memo regarding the January 10th meeting at Southeastern Regional V ocational- Technical School. · Memo from Town Manager John D' Agostino regarding a bid on the 1977 American LaFrance ladder truck. r"' Mr. Amoruso said that he would rather give it to a community that needs it rather than sell it for a couple of thousand but Mr. D'Agostino noted that they would need to get it certified. Mr. McCue asked if there is a cost of posting a notice in The Beacon. Mr. Dolan suggested that we have the Fire Chief ask the State Fire Marshal contact fire departments in other states Motion: Investigate the posting of availability of ladder truck to a community in need and to contact neighboring states (McCue - McCarter) 5-0 Passes Mr. McCarter asked if other states have other certification requirements. Mr. McCarter said that he agrees with Mr. Amoruso that would rather give it to a community in need. . Email from a resident regarding his dog license offense. Mr. McCarter said that Mr. D'Agostino is meeting with the resident. Mr. D'Agostino said that the resident requested a courtesy call and he further added that we are not required to even send out reminder letters. He added that this is state-statute driven process and that the resident went to the press. Mr. D'Agostino said that there were four notifications prior to going to the Clerk Magistrate. · Memo from Town Engineer John Sullivan regarding the temporary repair of the West Street Bridge over the Wading River. . Decision from the ABCC relative to Cork's Fine Wine & Liquors, LLC. r- Board of Selectmen Minutes of December 28,2005 5 r Mr. D'Agostino reported the following: · The West Street Bridge repair work is completed and was not further delayed; we had a ten day window to replace 8 beams. It reopened on time, on Friday. He congratulated Special Projects Manager Mike Ahern and Town Engineer John Sullivan for their hard work and noted that the bridge may not close as a result ofthis repair. Mr. Amoruso said that the contractor should also be recognized. . George's Cleaners was taken down today. It was supposed to come down in November but asbestos was found. Cleanup will take several days. . We have requested escrow funds from the Calpine contract in the amount of$9.9 million to be transferred to the Town of Mansfield. As the Board is aware, Calpine filed for bankruptcy and has the option of honoring contracts. It has become apparent to our experts that Calpine will be honoring big contracts. We are going to market on the 29th and we hope to replace the contract by close of business on the 29th. Wisconsin Public Service (WPS) appears to be the best choice for the Town of Mansfield. Mr. McCarter acknowledged Rich Feeley, member of the Municipal Building Committee, for his .r"' service for the past 13 years, as he is not seeking reappointment to the MBC. Mr. Amoruso said that Rich knows all about the major building projects in recent history. Mr. D'Agostino said that he enjoyed working with Mr. Feeley and he will be missed. Mr. Amoruso wishes everyone a Happy New Year. Mr. McCue commended staff, particularly Mike Ahern & John Sullivan, with respect to the West Street Bridge repair process. This repair will allow MassHighway to find funds to reconstruct the bridge. Mr. McCue asked if the Board can send letters of appreciation. Mr. D'Agostino noted that he usually does something similar for their personnel folders. He added that we can do something. Mr. McCue discussed legislation regarding proposed changes to the 40B legislation filed by Senator Richard Moore. He would seek approval by the Board. Motion: To support the legislation and send letters to legislative delegation and Sen. Moore (McCue - Amoruso) 5-0 Passes Mr. Achille noted the passing of Patrick "Chuck" McLaughlin, who served as a call firefighter from 1973 to 1991. r- Board of Selectmen Minutes of December 28,2005 6 r"' r r- Motion: To adjourn at 8:32pm (McCue) 5-0 Passes ~4? ~~~ ??/~t?'~M- J1.~ ~ 2~~t5 Date of Approval Signature of Clerk Board of Selectmen Minutes of December 28, 2005 7 . y