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HomeMy WebLinkAboutSelect Board 12/18/2019Select Board Meeting Minutes December 18, 2019 1�. Present: Mr. Jess Aptowitz, Chairman; Mr. Neil Rhein, Clerk; Mr. Frank DelVecchio and Mr. Steve Schoonveld. Mr. Kevin Dumas, Town Manager was also present. `?F ErED Mr. Michael Trowbridge was not present for the meeting. 'I OFFICE 1. Call To Order Select Board Meeting -Pledge of Allegiance 2970 FCB -1 A ': 5 Chairman Aptowitz called the meeting to order at 6:30PM. He reminded everyone that the meeting was �eing broadcast live and taped for future broadcast on Mansfield Cable. He asked if ther we4 a1 r'n{eh4ers of the audience recording, to which there was no response. The Chairman acknowledgectFsat D' 66iwhitil%ad may be recording. Mr. Aptowitz asked everyone to remain standing and asked for a moment of silence for Mr. Burt Cook a long time employee of the Town and father of Mark Cook the Highway Supervisor. 2. Public Hearing at 6:30PM on the application of TGI Fridays Inc. dba TGI Fridays for a Transfer of a License and Change of Officers/Directors for an All Alcohol License Mr. Rhein read the legal notice for the record. Motion: To open the public hearing at 6:32PM. (Rhein/DelVecchio) Passes 4:0 Attorney Al DeNapoli, was present to represent TGI Fridays. He stated that it is a multi -unit transfer. Several years ago the east coast stores were sold and now TGI Friday's Corporate is repurchasing all of them back. The Board had no questions. Chairman Aptowitz commented that if there is a change of manager the Board needs to be notified within three days, he then asked if there was anyone from the public with questions and there were none. Motion: To close the public hearing. (Rhein/DelVecchio) Passes 4:0 Motion: To approve the transfer license and change of officers/directors for an all alcohol license for TGI Fridays Inc. dba TGI Fridays. (Rhein/DelVecchio) Passes 4:0 3. Presentation of Community Service Awards Mr. Rhein welcomed everyone and thanked those who nominated the individuals. He provided a summary of the awards and then recognized the three individuals who received awards and each recipient was presented with a plaque. Ms. Carolyn Kanevski was presented with the Youth award, Ms. Dawn Saba the Adult award and Mr. Richard Kelsay with the Lifetime Achievement award. 4. Recognition of Mr. John Stanbrook, Assistant Town Manager/Finance Director Mr. Dumas began the recognition for Mr. Stanbrook followed by Chief Neal Boldrighini, Fire Chief who spoke a few words. Mr. Walter Wilk, Chair of the Finance Committee, State Representative Barrows, and then the Select Board spoke a few words about Mr. Stanbrook. Chairman Aptowitz then presented Mr. Stanbrook with a gift. Mr. Stanbrook thanked everyone who had supported him in the past and this was a step up for him but he was still sad to leave this Town. S. Public Hearing at 6:45PM for Consideration of Alladan Kennels Request to Change the Schedule of Hours Motion: To open the public hearing at 7:0213M. (Rhein/Schoonveld) Passes 4:0 Mr. Rhein read the public hearing notice. Ms. Staples swore in those wishing to speak. Mr. Edward Valanzola was present with his clients Raymond and Jane Guy. Mr. Valanzola explained the history of the kennel. He explained that it is a pre-existing lawful use to have a kennel in this residential zone. The facility uses fewer stalls than it is licensed for and the schedule of hours was the result of a neighbor complaint that went on for a lengthy period of time. He also stated that he was not aware of any other kennel that has these schedule restrictions. He asked the Board to consider modifying the schedule and noted there does not appear to be any complaints made by abutters on record with the Board since early 90's, that led to the schedule. He also referred to the email Jeff Select Board Meeting Minutes December 18, 2019 Collins, Mansfield Animal Control Officer recommending hours longer than what is proposed. Chairman Aptowitz asked Mr. Valanzola to read the current schedule of hours, to which he did and then he read the proposed changes. Mr. Jeff Collins, Mansfield Animal Control Officer came forward and stated that currently the dogs are allowed a total of two and a quarter hours outdoors, which he does not believe is enough time to clean the kennels. He stated they should be allowed closer to five hours per day. He stated that he has received only one complaint and noted that whatever schedule is decided it will be difficult to enforce as he may not always be available. Officer Collins recommended 7am to 10am and then 2pm to 5pm to keep it simple. Mr. Schoonveld asked for clarification if the hours were used for the dogs to exercise or to clean. He then asked if the decibel levels were high and if they are a nuisance to the neighborhood. Mr. Schoonveld also asked why the schedule was ordered as it was back in 1997 and Officer Collins answered it was out of frustration that Mr. Guy agreed to the hours. Mr. Valanzola confirmed this was accurate and the issue had previously continued for four years and gave in to the situation to settle. Mr. Rhein asked what the dogs do when they are out. Mrs. Guy answered the noise varies not all bark and it is very variable and they have not measured the decibels and with new clients it is unpredictable to know how the dogs will be. Mr. DelVecchio asked what triggered this to come up now when there have not been complaints for twenty years. He also thought it was counter intuitive if they reduced the number of dogs from 48 to 28, but now they are asking for more time for the dogs to be outside. Mr. Valanzola answered that it has been difficult for them to get reliable help and as they have aged and it takes longer. Ms. Linda Pearson came forward stating she has been a customer and friend and was here as a character witness. She stated she is pleased with the service she receives for her animals and stated there are two other kennels in Town without the schedule restrictions. She commented that noise is part of life and if the dogs were not out it would be a complaint that the dogs were inside too much. She asked for everyone to think about the impact the decision has on this family just because someone moved to this neighborhood. She stated that the noise isn't all day. Ms. Leanne Ali of 6 Timberline Drive came forward and stated that she has been an abutter for twenty two years and moved in with the knowledge of the kennel and knowing the schedule that the dogs will be out. She stated that she works from home and having a schedule of hours are necessary so that she can schedule conference calls. She noted that it has been difficult when they do not adhere to the schedule. Mr. Schoonveld asked if she could hear the dogs with the windows closed and she responded that she could. She stated that the decibel levels are high. Ms. Patricia Daly, of Patty's Road came forward and asked a question. She was concerned that one business was being singled out and commented that she hoped there is a way to make things work and as human beings we need to co -exist. Ms. Jennifer White of 11 Lancashire Drive came forward stating she was an abutter to the property and bought the home 22 years ago just after the first complaints. She commented that the Guy's were the greatest neighbors; they work hard and they shouldn't be punished for signing that document years ago. She agreed that when they go off the schedule it's not excessive. Ms. Maura McIntosh of 43 Angel Street came forward and stated that she became friends with Jane Guy and that they give the town a shining light and has the most concern for the well-being of animals. She stated that she was a customer of Red Dog Inn and they don't have the same restrictive schedule and have been in business a shorter time. Mr. Peter Rizzi of 14 Timberline Drive came forward and stated that he was the main complainant. He stated that he moved in six years ago and quickly found out that he was abutting the kennel and made aware of the hours they had. He stated that he was told by the Health Agent that there was nothing the Town or he can do about it. He stated that Select Board Meeting Minutes December 18, 2019 he has tried his best to co -exist but the kennel is never sticking to the schedule. He stated that he is not trying to shut them down, but ask that they stay within the hours they agreed upon years ago. Ms. Gail Ivlocklin of 18 Timberline Drive came forward and stated she was in favor of hours the way they are, don't like when they go outside the schedule hours. She stated that it does get very loud and if the schedule has worked for twenty years and the animals are well cared for then the schedule should stay. She noted that she would have expected them to come forward years ago if the schedule was not working. Mr. Jim Leonard of 2 Timberline Drive came forward and stated that they have been good neighbors, there has not been an abundance of complaints and you become used to the noise. We respect them and they have done a good job adhering to the schedule. The Select Board then asked questions and made comments. Mr. DelVecchio stated that he does not put much weight to petitions, but people have a right to do so. He then noted that people are interested in consistency and moving hours slightly may make some sense. Mr. Rhein asked if they were requesting to change the schedule because people were complaining and Mr. Valanzola confirmed that it was because they have gone outside the hours. Mr. Rhein asked if they could adhere to the current schedule and Ms. Guy answered that they could not. Mr. Schoonveld stated that he wanted to see the petition and understood that some people couldn't be present tonight. He then asked if the kennel should add more staff and charge more per day to meet those timelines. He also believed that maybe half the dogs could go out a time to reduce the decibel levels. Ms. Guy responded that it's been hard to hire staff through the years and have to let all the dogs out at once in the morning. Mr. Aptowitz stated that this isn't about liking animals and this is tough for the Board to make a decision on this. He stated that neighbors bought the home under the schedule and they know the expectation. Motion: To close the public hearing. (Rhein/DelVecchio) Passes 4:0 Mr. Schoonveld recommended getting the decibel levels checked and he would like to see both parties meet and discuss to see if they could come to consensus. Mr. Schoonveld inquired that perhaps Mr. Dumas could facilitate Mr. Aptowitz agreed with this and sought approval from Board members and Mr Dumas. Mr. Peter Rizzi stated that he did not feel comfortable meeting without legal representation but he was unable to afford that. Mr. Dumas offered to be part of the discussion and help facilitate, and it was agreed that the meeting would happen at Town Hall. Motion: To consider this at the meeting on January 8, 2020. (Schoonveld) There was no second to this motion. Motion Amended: To reconsider this at the meeting on January 22, 2020. (Schoonveld/Rhein) Passes 4:0 6. Discussion and Consideration of Board of Health Applicants Mr. Graham Wilson and Ms. Leah Gillespie were present and both were seeking reappointment to the Board of Health. Mr. Ryan Maxwell a current member of the Zoning Board of Appeals was present and stated he was interested in serving on the Board of Health, but if not appointed to the Board of Health he would like to be reappointed to the Zoning Board of Appeals. Each of the three applicants introduced themselves and gave an introduction. The Select Board asked questions of each. Motion: To reappoint Graham Wilson and Leah Gillespie to each serve on the Board of Health to unexpired terms to expire on December 31, 2022. (Rhein/DelVecchio) Passes 4:0 Motion: To reappoint Ryan Maxwell to serve on the Zoning Board of Appears to an unexpired term to expire on December 31, 2022. (Rhein/DelVecchio) Passes 4:0 7. Consideration of Louis Delia Valle to serve on the WWII Scholarship Fund Committee Mr. Della Valle of 75 Williams Street came forward and introduced himself and stated that given his Finance background he believed he would be of help on the Committee as well as knowing how important scholarships are to students. The Select Board asked a few questions and thanked him for volunteering his time. Select Board Meeting Minutes December 18, 2019 Motion: To appoint Louis Della Valle to serve on the WWII Scholarship Fund Committee to an unexpired term to expire on December 31, 2024. (Rhein/Schoonveld) Passes 4:0 8: Consideration of Adrian LeCesne to serve on the Planning Board as an Associate Member Mr. Adrian LeCesne of 125 Highland Avenue came forward and introduced himself and stated why he was interested in serving on the Planning Board. The Select Board asked a few questions and Mr. LeCesne answered them. Motion: To appoint Adrian LeCesne to serve on the Planning Board as an Associate Member to an unexpired term to expire on December 31, 2024. (Rhein/DelVecchio) Passes 4:0 9. Public Discussion of RFP for North Main Street Fire Station Mr. Michael Ahern came forward and explained the RFP. He explained that he thoroughly viewed the RFP from Foxboro before drafting this one. He stated that he met with Mr. Dumas and Mr. Burke before forwarding to Town Counsel. One of the concerns was someone would buy and then hold on to it, so language was proposed to address that concern. The RFP will be made available online as well as posted in the Boston Globe. The plan will be to post this in January and give those interested forty five to sixty days to get their proposals in. The Select Board asked questions. The Board then decided to place the draft RFP and Executive Summary on the website and add the approval of the RFP to the January 8, 2020 meeting agenda. 10. Discussion of Electronic Marque Message Board at the Public Safety Building Mr. Michael Ahern was also present for this agenda item. He stated the message board was intended for the use of the public safety department and Town related sponsored events. Mr. Dumas stated that it can only have one message so it is not feasible to have multiple messages throughout the day scrolling. Mr. Schoonveld just wanted this policy to be clear. 11. Discussion of Yard Signs on Town Property Mr. Schoonveld stated that temporary signs are being placed on Town property and left there. Chairman Aptowitz said they are not allowed on public property. Mr. Rhein said that a policy is needed asking for permission with a time frame of when it will be removed. Mr. Dumas stated that it needs to be drafted and a penalty structure put in place. 12. Board and Committee Reappointments: • Reappointment of Linda McCabe to serve on the Recreation Committee • Reappointment of Christopher Paquin to serve on the Municipal Building Committee • Reappointment of Leonard Epstein to serve on the Board of Library Trustees • Reappointment of Philip Shannon to serve on the Zoning Board of Appeals • Reappointment of Beth Ashman Collins to serve on the Planning Board • Reappointment of Kevin McNatt to serve on the Non -Profit Gift Fund Committee • Reappointment of Perry Dimascio to serve on the Open Space and Recreation Committee • Reappointment of Allen Bryer to serve on the Open Space and Recreation Committee • Reappointment of Janice Wivagg to serve on the Keep Mansfield Beautiful Committee • Reappointment of Jason Dodd to serve on the Keep Mansfield Beautiful Committee • Reappointment of Randy Waters to serve on the Housing Corp Board of Directors • Reappointment of Michael DeSantis to serve on the Finance Committee • Reappointment of Brian Eagle to serve on the Finance Committee • Reappointment of Mary Hourigan to serve on the Council on Aging • Reappointment of Paula Topjian to serve on the Council on Aging • Reappointment of Joan Hoey to serve on the Council on Aging • Reappointment of Michael Healey to serve on the Conservation Commission • Reappointment of Dana St. James to serve on the Board of Assessors • Reappointment of Mary Andrews to serve on the Animal Welfare Committee Select Board Meeting Minutes December 18, 2019 • Reappointment of Chester MacKean, Jr. serve on the Animal Welfare Committee • Reappointment of Sharon Baker to serve on the Animal Welfare Committee • Reappointment of John Brandt to serve on the Airport Commission • Reappointment of Martin Fox to serve on the Airport Commission • Reappointment of Karen Blair as Constable • Reappointment of Ronald Spear as Constable • Reappointment of Michael Ahern as Constable • Reappointment of Harold March as Constable Motion: To reappoint the following individuals to their respective Boards and Committees that Mr. Schoonveld will read into the record. (Rhein/DelVecchio) Passes 4:0 Mr. Schoonveld read the list of reappointments, their respective committees and thanked them for their service to the town. 13. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Select Board may request that an item be withdrawn from the Consent Agenda for separate consideration in which case that item will be voted on separately from the remainder of the Consent Agenda. All licenses have been routed through Town Hall Departments and any conditions have been noted below. a) Vote To Approve Warrants: • Town Vendor Warrant No. 20024T in the amount of $1,634,090.46 • Electric Vendor Warrant No. 20024E in the amount of $76,999.63 • School Vendor Warrant No. 20024S in the amount of $566,896.05 • Town Vendor Warrant No. 20025T in the amount of $1,567,080.85 • Electric Vendor Warrant No. 20025E in the amount of $1,285,750.78 b) Permits and License: • Consideration of 2020 Common Victualler and Entertainment License for Qdoba Restaurant located at 280 School Street • Consideration of 2020 Common Victualler and Entertainment License for Mooyah located at 321 School Street c) Proclamations: Motion: To approve the consent agenda. (Rhein/DelVecchio) Passes 4:0 14. Discussion of North Main Street Fire Station and West Street Police Station Use Mr. Dumas stated there was no update on this item. 15. SEMRECC Update from Town Manager Mr. Dumas stated there was no update on this item. 16. Budget Update Mr. Dumas stated that currently the budget is $1,700,000 away from being a balanced. He stated that Mr. Stanbrook's last day is January 2"d. Mr. Dumas then noted the position has been posted and resumes have come in. 17. Resident Questions and Comments There were no resident questions or comments. 18. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 20024PT in the amount of $435,606.15. Motion: To approve Town Payroll/Town Medicaid Payroll 20024PT in the amount of $435,606.15. (Rhein/DelVecchio) Passes 3:0:1 (Aptowitz Abstained) • Town Deductions Vendor Payroll 20024TV in the amount of $135,264.87 Select Board Meeting Minutes December 18, 2019 Motion: To approve Town Deductions Vendor Payroll 20024TV in the amount of $135,264.87. (Rhein/DelVecchio) Passes 4:0 • School Payroll/School Medicaid Payroll 20024PS in the amount of $2,018,912.43 Motion: To approve School Payroll/School Medicaid Payroll 20024PS in the amount of $2,018,912.43. (Rhein/DelVecchio) Passes 4:0 • School Deductions Vendor Payroll 20024SV in the amount of $659,422.10 Motion: To approve School Deductions Vendor Payroll 20024SV in the amount of $659,422.10. (Rhein/DelVecchio) Passes 4:0 • Town Payroll/Town Medicaid Payroll 20025PT in the amount of $410,903.77 Motion: To approve Town Payroll/Town Medicaid Payroll 20025PT in the amount of $410,903.77. (Rhein/DelVecchio) Passes 3:0:1 (Aptowitz Abstained) • Town Deductions Vendor Payroll 20025TV in the amount of $128,479.49 Motion: To approve Town Deductions Vendor Payroll 20025TV in the amount of $128,479.49. (Rhein/DelVecchio) Passes 4:0 19. Correspondence • Notice from Verizon of Programming Change • Notice from National Grid of the 2020 Yearly Operation Plan Mr. Rhein read a summary of the above correspondence items. 20. Town Manager's Report Mr. Dumas updated the Board on Chapter 90 funding and then he updated the Board on the progress of the Trash and Recycling Task Force. 21. Select Board Member's Questions and Comments Mr. DelVecchio and Mr. Rhein did not have any comments or questions. Mr. Schoonveld commented that he believed more people would recycle if the Mansfield Green sticker were free. He then commented that the train station missed their deadline again and asked if there has been an update from the META. Mr. Dumas commented that the meeting scheduled for December 17th was cancelled due to snow and has been rescheduled for Friday, December 20`h. He asked if there were outsourcing opportunities available because the Town would have had it completed by now. Mr. Dumas stated he did offer assistance, but there are rules and regulations that don't allow it. Mr. Aptowitz wished everyone a happy holiday season and a safe New Year. 22. Any items not anticipated by the Chair 48 hours prior to this meeting There were no items. 23. Enter into Executive Session and Not Return to Open Session under Exemption No. 2, M.G.L. Chapter 30A, Section 21- • To discuss strategy sessions in preparation for negotiations with non -union personnel or to conduct collective bargaining sessions or contract negotiations with non -union personnel. Mr. Dumas stated there was no need for executive session and it will be moved to the next Select Board meeting. Motion: To adjourn the December 18, 2019 Select Board meeting at 10:02PM. (Schoonveld/DelVecchio) Passes 4:0 Signaturk Date Minutes prepared by Carrie Champagne Select Board Meeting Minutes December 18, 2019