Town of Mansfield
Board of Selectmen
Minutes of February 2, 2005
Present: Chairman Steven W. MacCaffrie; Vice Chairman Roger Achille; Clerk Bernard J. Dolan; Louis P. Amoruso, Selectman Michael McCue
Town Manager John O. D’Agostino
The Board of Selectman meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance.
Motion: To enter into executive session at 7:30 PM to discuss pending litigation and immediately return to general meeting discussion at the close of this discussion.
(Amoruso/Dolan) 3-0 Passes by Roll Call Vote: Amoruso; aye, Dolan; aye, MacCaffrie; aye
EXECUTIVE
SESSION – 7:30 PM – 8:00 PM
The HeartSafe Community Program is a cooperative initiative by the Commonwealth’s Office of Emergency Medical Services and the Emergency Medical Care Advisory Board’s Public Information and Education Resources Committee in conjunction with the American Heart Association and the Southeastern Massachusetts EMS Council.
Fire Chief Robert Bellavance introduced Mr. Fred Fowler of the Southeastern Mass Emergency Medical Services Region. Mr. Fowler recognized the Town of Mansfield for various community efforts implemented by the Town to improve survival from sudden cardiac arrest, and for meeting the criteria to be designated a HeartSafe Community. The criteria for the “Chain of Survival” includes early access to emergency care critical, early access to 911, early CPR and early defibrillations. At this time, only one third of the communities in the Commonwealth of Massachusetts hold this designation.
In recognition of this official designation of Heart Safe Community, Town officials were presented with a certificate suitable for framing and (2) roadway signs to post for display within the community.
Introduction and swearing in of (2) New Firefighters;
Fire Chief Bellavance introduced paramedics Justin DesRisuers and Patrick Kelly who will soon be serving the Town of Mansfield working for the Fire Department. Firefighters DesRisuers and Kelly were accompanied by family members and officially sworn in by Town Clerk Helen Christian. Fire Chief Bellavance presented official badges to each firefighter.
Town Counsel Robert Mangiaratti previously submitted a written proposal of modifications to the Town’s Guidelines to address Alcohol License Violations. Current liquor license holders received a copy of the proposed modifications and were invited to share their comments with the Board of Selectman. A public forum scheduled on Wednesday, January 26, 2004 to discuss proposed modifications was cancelled due to inclement weather conditions and rescheduled for discussion this evening.
Discussion was opened for comment at 8:00 PM by Chairman Steven MacCaffrie:
· License holder Peter Ditrolio (Rum Runner) suggested the Board establish a set timeframe of two years whereby a violation would then expire and be removed from the business record.
· License holder Bob Lankton (Tedechi’s Food Mart) commented that based on the volume of opportunity for human error throughout the year, he would also support a recommendation to establish a timeframe whereby the violation would expire.
·
George Dentino asked to Board to clarify whether the
proposed modifications under discussion relate to the existing Liquor Violation
Policy or whether they are to be used only as a guideline. Mr. Amoruso confirmed that the proposed modifications
presented for discussion that evening, entitled “Town of Mansfield Board of
Selectman Alcoholic Beverage License Guidelines for Violations” are to
be used by the Board as “Guideline” to address future liquor license
violations.
· License holder Peter Chan (Tahana Restaurant) indicated he has difficulty understanding some terms and conditions of the Local and State and alcoholic beverage policies, and acknowledged his restaurant business has a prior record of alcohol violations. Mr. Chan expressed concern that his livelihood could be jeopardized depending on the severity of punishment guidelines adopted by the Board. Mr. Chan encouraged the Board to consider each violation on an individual basis, and to implement a fair policy with respect to establishing punishment.
· License holder Carla Foley (Ladonna Restaurant) noted that Liquor license holders are able to contact the ABCC to clarify questions any questions with respect to liquor laws and restrictions. Ms. Foley supports establishing a specific period of time to hold a business owner accountable for a liquor license offense and feels the Board should have the ability to judge the penalty of violations on a case-by-case basis.
· Selectman Achille stressed an importance for the Board of Selectman to have flexibility in the guidelines to address liquor violations and supported the suggestion to have a statute of limitations established.
· Selectman Dolan agreed that a statute of limitations to have a violation on the business owners record should be considered, but suggested a three-year period would be more equitable. The remaining Board members agreed.
Based on discussion and input from local liquor license holders, the Board of Selectman amended the Town Counsel’s proposed modifications to the Guidelines for Violations as noted in the motions below. The amendments will be incorporated in the proposed Guidelines and forwarded to Town Counsel Robert Mangiaratti for review and final implementation.
Motion: To amend the end of the last sentence in paragraph
one to read; The Selectman may vary from these Guidelines to reasonably address
unique circumstances arising in any particular case “to include but not limited
to the severity of offences, and severity of the past record of a license
holder”. (Achille/Amoruso) 5-0 Passes
Motion: To
amend the first sentence in the third paragraph to read; In applying these Guidelines, the Board
shall take into account every violation ever committed by the Licensee in the
Town of Mansfield “within the prior three year period from the date that the
current violation occurred.
(Dolan/Amoruso) 5-0 Passes
Motion: To
amend the second sentence in the third paragraph by deleting the word
“unrelated”. The new sentence reads;
The Board shall not take into account past violations by prior licensees who
may have previously operated at the premises of the licensee under
consideration. (Achille/Dolan) 5-0
Passes
Motion To
accept the proposed Alcoholic Beverage License Guidelines for Violations as
amended by the Board of Selectman February 2, 2005. (Amoruso/Dolan) 5-0
Passes
Candidate for
Re-appointment: Elisabeth
Garber-Miller
As an Associate
Member of the Zoning Board of Appeals, Ms. Miller regularly attends all Zoning
Board Meetings, hearings and executive sessions. Ms. Miller enjoys working on the Board and expressed her
appreciation for the learning experience gained by her past involvement up to
this point. At this time, Ms. Miller
would like to continue as a full term member of the Board and could fill an
unexpired term position recently vacated by Mr. Scott Austin. The Zoning Board would have (2) Associate
positions vacant if the applicant is appointed as a full term member.
Motion: To appoint Elisabeth Garber-Miller full-time member status to fill an unexpired term vacated by Scott Austin, which expires January 1, 2007.
(McCue/Amoruso) 5-0
Passes
Motion: Issue letter of thanks to Scott Austin for his service on the Zoning Board of Appeals.
(Amoruso/McCue) 5-0
Passes
Warrant No. 31 in the amount of $4,223,593.33
Motion: To approve.
(Achille/Dolan) 5-0 Passes
Warrant No. 32 in the amount of $1,246,958.73.
Motion: To approve.
(Achille/Dolan) 5-0 Passes
Meeting Minutes of General Session January 19, 2005 Selectmen Meeting.
Motion: To
approve.
(Achille/Amoruso)
5-0 Passes
Meeting Minutes of Executive Session January 19, 2005 Selectmen Meeting.
Motion: To approve.
(Amoruso/Achille) 5-0 Passes
Renewal Application for Drainlayer’s License; O’Keefe Trucking & Equipment, Inc., 61 Goloskie Road, Chepachet, RI. Application and documentation is in order. The Town Engineer recommends approval of this license.
Motion: To approve.
(Achille/Amoruso)
5-0 Passes
Check from Law Office of Eugene F. Grant in the amount of $8,225.00. (Board needs to accept gift of check for the Local Housing Partnership Fund.)
(Dolan/McCue)
5-0 Passes
Disclosure of Financial Interest Forms from Board of Assessor’s employees Susan Sellon and Susan McGinley. (Board needs to approve exemptions and sign.)
Motion: To authorize the Chairman to sign/approve exemption.
(Achille/Amoruso)
5-0 Passes
Request for a one-day Beer and Wine License for Tri-Town Beagle Club for Members Game Dinner scheduled for February 20, 2004. (Routing completed and attached.)
Motion: To approve.
(Achille/Amoruso)
5-0 Passes
Home Equity Loan request for $25,000 from Beverly Estes-Smargiassi, Community Development. (Needs approval and Chairman sign letter to Rockland Federal Credit Union.)
Motion: To accept.
(Amoruso/MacCaffrie)
5-0 Passes
Correspondence Addressed to Board:
Letter from Gregory Matoian, Tire Man Auto Sales, regarding Class II Auto Sales License, dated January 17th demonstrating full repair facilities at business location and principal business use.
Letter from Gregory Matoian, Mansfield Motors, regarding Class II Auto Sales License, dated January 17th demonstrating full repair facilities at business location and principal business use.
Letter from Department of Housing & Community Development, dated January 10th regarding Community Development Block Grant Program Monitoring Report.
Letter of resignation from Scott Austin, 9 Robin Hill Road, from the Zoning Board of Appeals dated December 28th. (Board should vote to accept resignation.)
Motion: To accept.
(Dolan/Achille 5-0) Passes
Letter from Rich Havens, Time out Productions, seeking approval for its 21st Annual Massachusetts Triathlon on Sunday, August 21st through town following same route as 2004. (Board to approve bicycle portion through town pending recommendation from Police Department, etc.)
Motion: To approve.
(MacCaffrie/Achille) 5-0 Passes
Memo from Town Manager regarding repairs to the kitchen at
the North Main Street Fire Station dated January 20th. Town Manager indicated the Fire
Department is moving forward with the Project based donations received from the
community. At this time, it does not
appear that the Fire Department will
need to request funds at Town Meeting to complete the kitchen upgrade.
Memo from Town Manager regarding wastewater capital depreciation account dated January 26th.
Notice from Department of Environmental Protection dated January 26th regarding release of transformer fluid from a pole-top transformer following a motor vehicle accident at Chauncy Street and Forbes Boulevard.
Correspondence from Department of Housing & Community Development dated January 21st regarding the Chapter 40B Subsidized Housing Inventory.
Memo from Town Manager dated February 1st regarding Fire Department Ladder Truck. (Town Manager would like to proceed with public bid of truck.)
Discussion: The Town of Mendon expressed possible interest in purchasing a 1977 American LaFrance ladder truck currently on loan from Mansfield to the Town of Norwood. A previous attempt to sell the Fire Truck with a minimum $25K bid price was unsuccessful. Town Manager asked the Board to provide input and a direction to proceed in this matter. Selectman Dolan and Selectman Amoruso voiced a strong opinion that the Town should be able to obtain a minimum of value of $25,000 for the fire truck, and would not agree to accept anything less than this amount for the ladder truck.
Motion: To
proceed with Public Bid of (1) 1977 Americal LaFrance ladder truck with a
minimum bid price of $25,000.
(Dolan/Amoruso) 5-0 Passes
Memo from Town Manager dated February 1st regarding Deficit Spending on Snow and Ice. (Board needs to vote to deficit spend this account.)
Motion: To approve.
(McCue/Amoruso) 5-0
Passes
Letter from Nancy Leonardo, Comcast, dated January 27th transmitting 2004 Annual Consumer Complaint Form. Copies of the report were provided to each Selectman in their folders that evening as requested.
Barbara Rose, 8 Branch Street, Mansfield;
· Sincere thanks are expressed to the Mansfield Police Department for the official police escort provided by the Police Department during the recent funeral of Lieutenant Colonial Lester McGoldrick. Mr. McGoldrick was a long time Mansfield resident, veteran, and instrumental in the development of the Town’s “Rails to Trails” recreation path project.
· Ms. Rose inquired about the possibility of snow plowing the paved Rails to Trails trail with a small plow or blower for continued winter use. Selectman McCue commented that the path is technically a public way. Town Manger agreed to investigate further.
George Dentino, 2 Gladiola Terrace, Mansfield;
· Request to Selectman Dolan to retract a statement regarding consequences of appointment(s) to the Board of Assessors.
·
Clarification requested as to why the Cecil Group who
was hired by the Town of Mansfield as part of a grant project, is now working
with private business owners (Clemmey, Ditchman, and MBTA etc.) to develop
private property in the same area.
Town Manager
explained that the Cecil Group was hired by the Town based on a grant funded by
the Environmental Protection Agency to prepare a ”Site Re-use and Development
Plan” for the Hathaway Patterson property.
Town staff has been working with the Cecil Group and residents for over
a year to determine a consensus among the community as to how this property should
be utilized. Once a determination is
made regarding re-use, the Town would give direction to the EPA to proceed with
the appropriate degree of site clean up required to accommodate the Town’s
future development. A conceptual plan
recently presented for discussion provides an option for single-family
dwellings on this site.
Town Manager added that the Town had contacted the EPA some time ago and received approval to expand the scope of the grant project to include neighboring properties in order to address access issues through Rt. 106. Mr. Dentino asked to see proof of the agreement by asking Town Manager to provide him with a copy of the approved contract amendment.
Town
Manager’s Report
Town Manager and local Department Heads met with the Board
of Selectman recently to review requests for new personnel. Town Manager will provide copies of
documentation to support the position requests, to Board members who were
unable to attend the original presentations.
Town Manager plans to issue a memo to the Board of Selectman and Finance
Committee, which would outline the means to implement new positions within the
current budget restraints.
Town Manager gave a brief review how local aid may impact
the Town’s local budget.
A public workshop is scheduled on Tuesday, February 8,
2005 at Town Hall to review and discuss trash collection options for the
Town. The Town’s contract for trash
collection will expire in the upcoming fiscal year. Selected vendors and local residents are invited to attend.
Selectmen’s
Old Business
Selectman Amoruso:
·
Mr. Amoruso asked Town Manager for a current estimated
cost of snow removal debt. Town
Manager estimated the current debt for snow removal to be approximately
$80K-$120K above the budget appropriated for this item, however the Town of
Mansfield would be entitled to receive reimbursement from the State for snow
removal services provided during a recent declared State of Emergency (Snow
Blizzard January 24 - January 26, 2005).
Selectman Dolan:
·
Questioned if the Town had scheduled any meetings to
begin the Captial Improvements Plan process.
As of this date there are no meetings scheduled. CIP meetings are typically scheduled to begin
starting in late February or early March.
Selectman Dolan urged that the proceedings begin as soon as possible. Town Manager will follow up.
· Selectman Dolan attended a 2 ½ hr. meeting held at Town Hall on Tuesday, February 1, 2005 with staff and local business owners. The purpose of the meeting was to begin to establish a comprehensive design plan to develop the Hathaway Patterson property.
· The Town of Mansfield is exploring a Transit oriented development whereby funds may be available to create roadways in the downtown area.
· Selectman Dolan observed the snow removal process first hand by riding in a Town plow for a portion of the January snow storm. Mr. Dolan commented that due to the severity of the storm, the snow removal efforts by the DPW Department were tremendous. To enhance the snow removal efforts on neighborhood streets, residents should remember to pull vehicles all the way in their driveway and bring in curbside basketball hoops as well.
·
Congratulations are extended to Zoning Board of Appeals
member Eric Butler on the recent birth of his new granddaughter Brook Butler.
Selectman McCue:
·
Selectman McCue noted he attended a Selectman’s
Association meeting earlier that day. Selectmen
McCue was elected as President of the Selectman’s Association for Bristol
County during the Massachusetts Municipal Association annual conference in
January.
Selectmen’s
New Business
Selectman MacCaffrie:
·
Selectman MacCaffrie questioned a recent increase
associated with design costs for the Rt. 495 southbound ramp. It’s the Town understanding that a contract
is in place between Mass Highway and Bank of America to pursue design for a
northbound ramp access. Town Manager
responded he has a meeting scheduled with the engineer (VHB) next week to
discuss a plan recently submitted by Mass Highway to expand the scope of design
work to include northbound ramp access.
Based on prior input from residents and the Town of Norton, the Town of
Mansfield does not support moving forward with northbound ramp.
Motion: To adjourn
(Amoruso/McCue) 5-0 Passes
Bernard J. Dolan
February 9, 2004
Signature of Clerk Date of Approval