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HomeMy WebLinkAboutBOS MINUTES 12-20-1984* * * BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PRESENT: Chairman Wills; Selectmen Dunn, Levine, D'Onofrio, McNair; Town Manager 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of December 12, 1984 MOTION: To approve the Minutes of December 12, 1984. McNair /Dunn Selectman McNair again brought up the matter of the vote for Item 9 -b of the December 5 Minutes, concerning removal of the angle park- ing on Mansfield Ave. Selectman Levine then advised she did oppose removal; therefore the vote should read 3 -2. VOTED to approve as amended: 5 -0 3. Warrant #26 MOTION: To approve Warrant #26 in the amount of $1,994,621.73, dated Decem- ber 19, 1984, broken down as follows: General Fund - Revenue Sharing - Special Revenue - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise - $1,362,601.18 8,210.00 31,122.96 222.27 6,025.44 17,509.19 568,930.69 McNair /Dunn VOTED: 4 -0 Levine abstained MOTION: To approve the supplemental School payroll warrant in the amount of $390.05. McNair /Dunn VOTED: 4 -0 Levine abstained 4. Licenses and Permits a) All Alcoholic License renewal for the Sheraton Mansfield, Michael A. Tropp, Manager. * MOTION: To approve. Dunn /D'Onofrio VOTED: 5 -0 b) Grant Motor Sales Application for a Class II Second Hand Motor Vehicles renewal; the attestation form not signed. * Chairman Wills recommended sending Mr. Grant a letter stating lack of current address as well as attestation signature, and sending it by Cerfi- fied Mail, Return Receipt Requested. BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 2 c) Council on Aging renewal application for Common Victualler License and waiver of the fee. * MOTION: To approve the renewal license and waiver of the fee. McNair /D'Onofrio VOTED: 5 -0 * d) MOTION: To approve the following Common Victualler License renewals: Fernandes Supermarkets, Tennis 95, A & A Pizza, Cousin's Pizza, Old Colony Diner, D'Angelo's, Christopher's Restaurant, Augat, Don's Kitchen, Hidden Country, Fresh Catch, Newport Creamery. Levine /Dunn VOTED: 5 -0 At this point the Town Manager advised the Board that there were several various licenses which renewals had not been submitted to date. * MOTION: To send another letter indicating that they will not be allowed to operate beyond December 31, 1984. D'Onofrio /McNair VOTED: 4 -1 Wills opposed e) Application for a Class III Second Hand Motor Vehicle License renewal by Clemmey, Inc. * MOTION: To approve the Class III Second Hand Motor Vehicle renewal license for Clemmey, Inc. McNiar /Dunn VOTED: 5 -0 * f) MOTION: To approve the Weekday Music Machine renewal applications for Hidden Country and Christopher's Restaurant. Levine /D'Onofrio VOTED: 5 -0 * g) MOTION: To approve the Live Entertainment renewal applications for Hidden Country and Christopher's Restaurant. Levine /Dunn Discussion followed concerning Christopher's Restaurant's numer- ous disburbance calls reported by the police and the fact that when the license was first applied for they indicated it would be for western music primarily, but they now have mostly rock and roll which is very loud. Selectman McNair suggested compil- ing a list of police calls reported and the nature of the call. Selectman D'Onofrio feels there is a potential problem, but that the owner should be given an opportunity to hear the Board's BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 3 concern. Selectman Levine suggested asking the owner to come in to discuss it with the Board. * MOTION: To renew the license and notify the owner the Board Wishes to speak to him. Levine /Dunn VOTED: 5 -0 * h) MOTION: To approve the following Automatic Amusement Machine License renewals for Weekdays Only: Hidden Country, Christopher's Restaurant, A & A Pizza (subject to payment of fee), Tennis 95, Mansfield House of Pizza. D'Onofrio /McNair VOTED: 5 -0 5. Correspondence a) Memo from Police Chief re: Radar violations. b) Memo from Police Chief re: Distrubances related to licensed liquor estab- lishments. c) Memo from the Police Chief to the Town Manager re: Request for hearing for violation of alcoholic beverage being sold to minors by Mansfield Central Liquors... _. The Board will hold a hearing at the earliest possible date. d) Letter from Mary O'Neal presenting revised conditions of the Great Woods Entertainment License. All Board members signed both copies indicating approval. e) Copy of letter from SRPEDD to the Town Treasurer re: Assessment for FY -86. f) Letter from Stuart Sweet re: Reappointment to the Conservation Commission. g) Letter from Americo Dei advising he does not wish to be reappointed to the Board of Appeals. * MOTION: To send him a letter of thanks for his years of service. McNair /Dunn VOTED: 5 -0 h) Letter from the Town of Groton re: Analysis of the impact of the Seabrook nuclear project on that town. i) Announcement from Office of Energy Resources re: Energy Audit Grants. j) Memo from the Town Treasurer re: A final decree in a tax lien case invol- ing land formerly owned by Oakridge Avenue Assoc., Inc., located on Oak- BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 4 ridge Avenue; foreclosure is final and all rights of redemption barred, making this a property of the Town of Mansfield. Public Hearing - Jimmy's Pub The Chairman opened the hearing at 8:00 P.M. and the Clerk read the Notice of Public Hearing and the Chief of Police request to the Town Manager and the Police report on the incident. The Police Chief and Sgt. Guerrini were present, as well as the manager of Jimmy's Pub, Demitrios Pantos. The Police Chief was asked for his recommendation; he advised a one -day suspension, and said the under -age youth had been prosecuted in court. Mr. Pantos claimed the 19 -year old had previously presented a false I.D., and they had not carded him recently, because he was often in the Pub. Considerable discussion followed. Selectman Levine again voiced her distress over the fact that the under -age youth who causes the problem generally gets off relatively free (as she had also done during the previous similar case):. Selectman Dunn felt any action taken should be equal to that doled out to the previous offender; Chairman Wills reminded the Board that it had shown con- sideration to the other establishment in picking the day for suspension. Mr. Pantos, when asked, said he takes in about $2,000 on a slow day and, if he is given a one -day suspension, he will close for that day. He then asked to pick his day, as the previous establishment had been allowed to do; he picked December 25th. Selectman McNair recommended a letter of reprimand for a first offense; Selectman D'Onofrio added the word "stern" to that recom- mendation. Selectman Dunn said he wants to send a loud and clear message; so he votes for a suspension. Paul Beauregard, owner of the Sports Shop, who deals with guns, said he is not given a second chance if he makes a mistake, and that he thinks a one -day suspension is not enough. At this point the Chairman closed the hearing. MOTION: To suspend the license for one day. Levine /Dunn FAILED: 2 -3 Wills, D'Onofrio, McNair opposed. MOTION: To send Mr. Pantos a strong letter of reprimand, spelling out that if it comes before the Board again, there will be more than a one - day suspension. D'Onofrio /McNair FAILED: 2 -3 Wills, Levine, Dunn opposed MOTION: To suspend the license until 6:00 P.M. on Sunday, January 13, 1985. Wills /Levine Chairman Wills, having passed the gavel temporarily to Selectmen D'Onofrio, made this motion, explaining it was his intention to be as fair as,possible by making this suspension as similar as.pos- sible to the one the Board gave before; he feels this will cost Jimmy's Pub about the same as the one given before. FAILED: 1 -4 All opposed but Wills BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 5 * MOTION: To suspend the license for January 2, 1985. Levine /Dunn Motion withdrawn. * MOTION: To suspend the license December 26, 1984. Dunn /Levine FAILED: 2 -3 Wills, D'Onofrio, McNair opposed * MOTION: To suspend the license December 25th. Wills /Levine FAILED: 2 -3 D'Onofrio, McNair, Dunn opposed * MOTION: To send a letter of reprimand. McNair /D'Onofrio VOTED: 3 -2 Dunn, Levine opposed At this point Selectman McNair suggested that the Board have a workshop to establish guidelines for liquor suspensions. 7. Public Hearing - ARCO Fuel Storage Expansion The Clerk read the Notice of Hearing and noted the application had been ap- proved by the Fire Chief. The application was to increase fuel storage from the existing 14,000 gallons to 36,000 gallons. Mr. David Pagle, representing ARCO was present, along with.Davi.d Butler of Ayoub Engineering, Inc., Consul- tants. Mr. Pagle advised that they will remove and replace the present steel tanks wi,th.fi`breglass, and thus maximize storage. It will take about one week, during which the ARCO station, 54 Chauncy Street, will be shut down; he said construction will be on the property and will not affect traffic. Mr. Pagle supplied the required Return Receipts from all abutters. Asked when the work would be done, he could only say sometime in 1985. Margot Jel- li:nek then read a letter from the League of Women Voters of Norton /Mansfield Hazardous Waste Committee, requesting fibreglass tanks and piping, which she was. told had already been indicated. * MOTION: To approve the three fibreglass. tanks for a total storage of 36,000 gallons. Levine /D'Onofrio VOTED: 5 -0 8. Pub.ltc Hearing - N. E. Telephone Co. The Clerk read the Notice of Public Hearing and the request of New England Telephone for the placement of one support pole on Winter Street. Mr. Joseph Bausk, of N.E. Telephone, was present and explained, with accompanying dia- gram, the placement and reason for the move. There was no objection from anyone. * MOTION: To approve the request of New England Telephone to move one pole on Winter Street. D'Onofrio /Levine VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 6 9. Board & Committee Appointments All appointments made for full terms unless otherwise noted. The Chairman opened by stati.ng that out of consideration for individuals whose terms are expiring and have asked for reappointment, we need to show our support by automatically renominating them. * MOTION: That all individuals who have asked for reappointment automatic- ally be renominated. D'Onofrio /McNair VOTED: 5 -0 AIRPORT COMMISSION nominations: *Allen L. Willis, Jr. - VOTED: 5 -0 *Leonard H. Russell - VOTED: 4 -1 Richard Bliss - VOTED: 1 -4 ZONING BOARD OF APPEALS nominations: *George Wojtkiewicz - VOTED: 5 -0 *Nicola C. Holm - VOTED: 3 -2 Robert F. Marshall - 1 -4 *Leonard F. Flynn (Associate) - 4 -1 Ronald Webster - VOTED: 1 -4 BOARD OF ASSESSORS nominations: *Alfred Turinese - VOTED: 5 -0 Joan Secher BOARD OF HEALTH nominations *Edward J. Tartufo - VOTED: 5 -0 *Peter J. Fontanini - VOTED: 4 -1 Diane Mangiaratti - VOTED: 1 -4 CONSERVATION COMMISSION nominations: *Paul W. O'Neill - VOTED: 3 -2 Joan Secher - VOTED: 2 -3 *Stuart Sweet - VOTED: 3 -2 COUNCIL ON AGING nominations: *Robert F. Marshall - VOTED: 5 -0 *Joan Secher - VOTED: 4 -1 .Kathy Almquist - VOTED: .1 -4 ELECTRIC ADVISORY COMMITTEE nominations: * MOTION: To put these three on and then recruit others. D'Onofrio/ Not voted * MOTION: To act as Light Commissioners on this one. D'Onofrio/ Selectman Levine reminded the Board that Light Commissioners do not make appointments, the Board does. * MOTION: To table nominations for the time being. D'Onofrio /Levine VOTED: 5 -0 *Designates appointment BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 7 FINANCE COMMITTEE nominations: Robert P. Whitney - VOTED: 1 -4 *Edward McQuaid - VOTED: 3 -2 Marilyn A. Ouelette - VOTED: 1 -4 *Jonathan W. Pierce - VOTED: 5 -0 INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY nominations: *Charlotte A. Kowalcek - VOTED: 4 -1 Robert P. Whitney - VOTED: 1 -4 LIBRARY TRUSTEES nominations PLANNING BOARD nominations *Alexander Salachi - VOTED: 5 -0 *Jeremiah Long - VOTED: 4 -1 Carol Ann Sarro - VOTED: 1 -4 *Marydee Flynn - VOTED: 4 -1 Robert P. Whitney - VOTED: 1 -4 RECREATION COMMISSION nominations REGISTRARS OF VOTERS nominations * *Elaine Jackson - VOTED: 3 -2 Stephen K. Jackson - VOTED: 1 -4 Stephen W. MacQueen - VOTED: 1 -4 *Paul Beauregard - VOTED: 3 -2 *Stephen W. MacQueen to fill unexpired term - VOTED: 3 -2 (1986) Laura Nancy Hill (unexpired term) - VOTED: 1 -4 *Hazel N. Maxwell MOTION: To close the nominations and the Clerk cast one ballot for the applicant. D'Onofrio /McNair VOTED: 5 -0 SRPEDD Representative nominations: *Joseph M. Zeneski * MOTION: To close the nominations and the Clerk cast one ballot for the applicant. Levine /Dunn VOTED: 5 -0 WORLD WAR II SCHOLARSHIP FUND COMMITTEE nominations: *Joan E. Secher * MOTION: To close the nominations and the Clerk cast one ballot for the applicant. D'Onofrio /McNair VOTED: 5 -0 MUNICIPAL BUILDING COMMITTEE nominations: *William Verzola - * MOTION: To close the nominations and the Clerk cast one ballot for the applicant. D'Onofrio /McNair VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 8 CONSTABLE nominations: There.was discussion as to whether to appoint all those listed, or to limit it to Mansfield residents. * MOTION: To appoint Mnasfield residents only. D'Onofrio /McNair VOTED: 4 -1 * MOTION: To appoint Michael G. Bombas. Levine/ Selectman Levine explained that this is his only means of livelihood. VOTED: 1 -4 All opposed except Levine Those appointed, for a.one -year term, are as follows: *Paul F. Boyden, Arthur J. Terenzi, Robert F. Marshall, W. George Cruser, Jr. Robert B. Button, Richard L. Stanchina, Gary P. Nelson, Jeffrey M. Simmons, Arthur M. O'Neill. SPECIAL CONSTABLE TO CONSERVATION LAND nominations: *Charles Meszoely Unanimously appointed. 10. Old Business a) Selectman McNair brought up the angle parking situation on Mansfield Ave. where the angle parking lines have now been removed, but no others yet placed. There was discussion as to whether to paint any lines before giving it more thought and to perhaps have a hearing. Selectman D'Onofrio voiced the feeling that we have a legal liability so should go back to the status quo; then if we want to change it later and hold a hearing, O.K. * MOTION: To think about it before we rush in and repaint anything on Mans- field Avenue, wehre angle parking was just removed. Levine /Dunn FAILED: 2 -3 Wills, D'Onofrio, McNair opposed 11. New Business a) The Chairman reminded members of the Board there will be no regular Wed- nesday meeting next week, but the Warrant must be signed, and there will be a Workshop on contract operations Thursday, December 27th, at 4 P.M. He also noted there will be a Light Commissioners meeting January 7, 1985. b) Selectman Dunn expressed concern for the West Street, Forbes Blvd. inter- section, where there is no traffic light, and he feels should be at least on a temporary basis of some sort; he feels it is a very dangerous inter- section. * MOTION: To install temporary lights at the West Street /Forbes Blvd. intersection. Dunn /D'Onofrio VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING DECEMBER 20, 1984 PAGE 9 12. Adjournment MOTION: To adjourn, at 10:17 P.M. McNair /D'Onofrio VOTED: 5 -0 erk da/f Date signed