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HomeMy WebLinkAboutSelect Board 07/21/2021Select Board Meeting Minutes July 21, 2021 Present: Mr. Michael Trowbridge, Vice -Chair; Mr. Frank DelVecchio, Clerk; Mr. Jess Aptowitz and Mr. Schoonveld. Mr. Kevin Dumas, Town Manager and Mr. Barry LaCasse, Assistant Town Manager/Finance Director were also present in meeting room 3A/B at Town Hall. Mr. Neil Rhein, Chairmart k Ifs` RF��S OFFICE 1. Call To Order Select Board Meeting- Pledge of Allegiance )1�p���� A��f�' Mr. Michael Trowbridge, Vice -Chair called the meeting to order at 5:30PM.44 An Ake% Nse present to state the Pledge of Allegiance. He reminded everyone that the meeting was being brMAKntIteeond taped for future broadcast on Mansfield Cable. MASSACHUSETTS 2. Town Manager's Report • Budget/Finance Update • DPW/Construction Projects • Miscellaneous Items Select Board Questions and Comments on Town Manager's Report Mr. Dumas updated the Board of several items including funds from the Bristol County Commissioners, Old Colony tree replacements and completed contact negotiations. He then stated that the purchase of the North Main Street fire station was moving forward and reLeaf Alternative has received its final approval from the Cannabis Control Commission and will invite the Board to the walk through prior to its opening. Mr. Dumas then noted that in economic development news that the Fairfield Inn and Suites has opened and noted that Lacerta Group a Mansfield business with multiple locations is still expanding and looking for additional manufacturing space. He also noted that Mansfield Fresh Market has received their building permit and their buildout will begin. Mr. Dumas stated that he has several items to discuss with the State Delegation meeting that is scheduled for Friday including the extension of nine site specific alcohol licenses request, and that a vote at Town Meeting will also be needed. Mr. Dumas then provided a DPW construction update and dates of paving projects has been pushed out due to the rain. Mr. Dumas stated that Shawn Precourt was offered the position of Water Operations Manager and will be working along side of Kurt Gaffney until Mr. Gaffney retires in December. Mr. Dumas will be starting a management training program for Mr. Precourt along with new managers that are hired. Mr. Dumas then read through a summary of several employee changes. Lastly, Mr. Dumas noted the sale of the Francis Avenue property, but noted that he will be meeting with the new owners in August. Mr. DelVecchio asked if the alcohol licenses would have restrictions to certain areas of Town like they are now or since the Town has been growing if they could be for anywhere in Town. Mr. Dumas responded that if the Board would like to consider something in addition to that it would be helpful to know what the Board would like. Mr. Schoonveld asked about the sale of the property that Mr. Dumas noted on Francis Avenue and would like to meet with the Assessors prior to Novembers meeting that the Board sets the tax split. Mr. Aptowitz noted that he was at the first concert and congratulated the public safety departments for their great work and noted there are some small items that need to be addressed. Mr. Trowbridge then asked if there was a tentative date of the closing of the fire station property and Mr. Dumas hoped by September. 3. Resident Questions and Comments Mr. Peter Wiggins from Norton was present and stated that he was not worried about the uptick in COVID cases and urged everyone to get their vaccine to avoid another shut down. 4. Discussion and Consideration of Change of Manager Application for Bertucci's Restaurant Mr. Brian Libby was present from Bertucci's and stated that he is the general manager of the location and has been a manager of record at other municipalities within Massachusetts. Motion: To approve the change of manager application for Bertucci's Restaurant pending routing through Town Hall Departments. (DelVecchio/Aptowitz) Passes 4:0 Select Board Meeting Minutes July 21, 2021 Agenda #5 was skipped and the dog hearing began on time. 6. Public Hearing in Accordance of M.G.L. Chapter 140 Section 157 for Modification to Dangerous Dog Order for a dog named Dozer at 4 Denwood Avenue owned by Stacey Connelly at 6:OOPM Mr. DelVecchio read the public hearing notice for the record. The Select Board will hold a Public Hearing on Wednesday, July 21, 2021 at 6PM at the Town Hall in the Select Board's Meeting Room, 3A/B, Mansfield, MA, in accordance with MGL, Chapter 140, Section 157 to modify a dangerous dog order against a dog owned by Stacey Connelly, 4 Denwood Avenue, Mansfield, MA 02048. The Select Board will make this meeting live on Mansfield Cable Access. The meeting is also live virtually via GoToWebinar to ensure that interested members of the public can clearly follow and participate in the deliberations of the Select Board. Specific information and the general guidelines for remote participation by members of the public can be found at the Town of Mansfield's website www.mansfieldma.com or register for the Webinar at https://attendee.gotowebinar.com/register/5995352548571291919. Anyone wishing to be heard should appear at the time and place designated. Motion: To open the public hearing. (DelVecchio/Aptowitz) Passes 4:0 Ms. Marianne Staples, Town Clerk was present and swore in those that were present to speak at this public hearing. Attorney Jeremy Cohen came forward to speak first. He stated that he was representing the Connolly's and was asking the Board to modify the order that was put in place in February for the dog Dozer. He wanted the Board to label the dog as nuisance dog instead of dangerous. He did not believe enough time was spent on the testimony at the last hearing. He stated that Dozer only has had an issue with one dog and no other incidents with any other dogs. He then stated that Ms. Murphy was not the intended target and when dogs bite in the throat that is where they argue and it is where the fur is the thickest. He stated that he has filed an appeal with the district court as the next step, but a date has not been sent. Mr. Cohen stated that his client would like to install a dig proof five-foot fence instead of having the dog in an enclosed pen. His client also had Dozer tested and he is not a jumper. The fence would provide a secondary barrier should the dog escape the house because it would encompass and surround the house whereas a pen would be in a separate part of the yard. Mr. Cohen then stated that the Select Board member who made the motion had a prepared motion in advance of the hearing. Mr. Cohen hoped that there was also a prepared motion to deem the dog a dangerous dog and a nuisance dog. Mr. Schoonveld commented that the Board does not just read a motion because someone told them to read it. The Board spends time deliberating and the Board does rely on the testimony and the recommendation from the Animal Control Officer. Mr. Schoonveld then questioned whether they received the information from the complaint. Ms. Stacy Connolly came forward and said that she had not received a packet from the Town. Mr. DelVecchio commented that he agrees with Mr. Schoonveld and he has a prepared motion in front of him now as well as at the last dog hearing and it was changed substantially to the final motion it is just a draft base of the motion. Mr. Cohen stated that he understood. Mr. Aptowitz commented that the Select Board is made up of volunteers and staff members help the Board by putting together the folders and it has a template on the front for each agenda item. Mr. Trowbridge then asked for Animal Control Officer Jeff Collins to come forward and he came forward and stated that he received a call from Mr. Murphy that he received the hearing notice. Mr. Collins stated that they had seemed to reach an agreement that was acceptable for all sides. Mr. Collins stated that a four -foot fence is not acceptable but a five-foot fence should be high enough to prevent Dozer from jumping. Mr. Collins said he understands the test showed that Dozer can't jump, but a particular situation may cause him to jump and there was no guarantee. Mr. Trowbridge said it was great that both parties agreed on a five-foot fence, but it was the job of the Select Board to make sure this is safe for everyone and wanted to know that Mr. Collins was confident in the five-foot fence. Mr. Collins responded that he was and would suggest keeping the dog muzzled when off the premises. Mr. Trowbridge then asked the owner of the dog, Mr. Connolly to come forward. Mr. Aptowitz asked if the abutting neighbors were okay with the fence. Mr. Connolly responded that one of the abutting neighbors was present and he did not have any concern about Dozer, nor his daughter who was bit in the face by another dog in years past. Select Board Meeting Minutes July 21, 2021 Mr. Trowbridge then asked Mr. Paul DeRensis, Town Counsel to come forward. Mr. Trowbridge asked if the first decision the Board needed to make was whether or not to keep him as a dangerous dog or change to a nuisance dog. Mr. DeRensis stated they could and he was concerned that the proposal from counsel and an email from Heather Murphy with a proposal and both stated that the only change was changing the enclosed pen to a fence. There was no agreement on changing from a dangerous dog to a nuisance dog. Mr. DeRensis also believed that under the category of dangerous dog in the statue it states that the dog must be humanly restrained and believed a fence would fit under that restriction. Mr. Aptowitz asked if the Board changed this to a nuisance animal and it bit someone a second time would the Town be liable and Mr. DeRensis responded that the Town is not liable for the animal. Mr. Trowbridge then asked if anyone else from the public wanted to comment and Mr. Cohen responded that the consequence of violating a dangerous dog or nuisance dog order were the same. Motion: To close the public hearing. (DelVecchio/Aptowitz) Passes 4:0 Motion: To modify the Select Board's order of February 17, 2021 for the dog Dozer and changing the dog from a dangerous dog to a nuisance dog. (DelVecchio/Aptowitz) Motion Failed 2:2 Motion: To modify the Select Board's order of February 17, 2021 for the dog Dozer which required that Dozer be contained in a secure pen, and instead to require that the Connolly's have a secure fence which is capable of containing Dozer constructed on their property, but to keep in place the requirements that at all times that Dozer is off the Connolly's property that he is securely restrained on three foot lead with a muzzle and under the control of an adult capable of restraining him. (Schoonveld/Trowbridge) Passes 4:0 5. Discussion and Consideration of Change of Manager Application for Vision Hampshire I.I.C. dba Holiday Inn. Mr. Gautam Sharma, President of Global Vision Hotels was present and came forward. He stated that Tricia was no longer with the company and until a new manager is hired he will be the manager of record for the alcohol license. Motion: To approve the change of manager application for Vision Hampshire LLC. dba Holiday Inn pending routing through Town Hall Departments. (DelVecchio/Aptowitz) Passes 4:0 7. Discussion and Consideration of Food Inspector Job Description and Inter Municipal Agreement Ms. Amy Donovan Palmer, Health Agent was present and she read her memo that explained the shared opportunity amongst five communities to share a food inspector and home inspector that would be covered by a grant. The employees would be in Foxborough and if the Board approves Ms. Palmer and Mr. Dumas will continue with the process including an intermunicipal agreement. Mr. Aptowitz asked how long the grant is for and Ms. Palmer responded that they would be funded for three years. Mr. Schoonveld asked that the Town Manager not sign a letter of commitment that approves funding the position beyond the three years. Motion: To vote in support to allow the Town Manager to execute a Letter of Commitment in which the Town agrees to cooperate in the process and to use the funds consistent with the shared services proposal where Foxborough will hire two inspectors to be shared between the five municipalities. (DelVecchio/Schoonveld) Passes 4:0 The Board took a three -minute break. 8. Policy Discussion and Consideration to Create the Volunteer Advisory Sub -Committee Mr. Trowbridge stated this first was discussed in June and the revised document includes having the interviews televised and on Mansfield cable. He added that it is an advisory committee and the committee will not be appointing the candidates, they will only be making a recommendation to the entire Select Board. Mr. DelVecchio read the full policy of the Volunteer Advisory Sub -Committee. Mr. DelVecchio then read the two emails sent in to the Board on this topic. The first was from Brian Eagle and the second was from Matthew List. Mr. DelVecchio commented that he would like to see more participation as there are many vacancies on Boards and Committees. He added that he has found that the process was fairly short and the weakness in the process is that we don't have Select Board Meeting Minutes July 21, 2021 incumbents come back in for interviews. He likes that the meeting is open and anyone can view the meeting and believes that this will improve the process and is worth trying. Mr. Schoonveld commented that Mr. Rhein did a great job editing the document by adding the recording of the meeting and was curious about the timing and when applications are due. Mr. Trowbridge stated before Thanksgiving and Mr. Schoonveld believed this timing would be difficult. He stated that he was concerned that this draft was not posted for the public to read and comment on it and believed that this should happen for any policy the Board is considering. Mr. Schoonveld then stated that he is not in support of advocating the Boards responsibilities. Mr. Aptowitz stated that the Board was trying to make this process easy, attract more people and not hide information. Mr. Trowbridge stated that this is the fourth time this item has been discussed and not happy with the comments he has seen online. Mr. Trowbridge then read a statement from Mr. Rhein. Ms. Maureen Doherty was present in the audience and came forward and commented that she has reached out to each member of the Board and stated that she has enjoyed watching the interviews on TV and the Town she works for uses this similar process and commented on the makeup of the committee and that it may be more acceptable if it were a representative of a committee verses the Chair of the committee. Mr. Trowbridge commented that it maybe should be changed to say Chair or their designee. Ms. Doherty then asked if employees were going to be asked to do this would it be outside of their job description per their Union Agreement or cause overtime. Mr. Dumas responded that this would fall under other duties as assigned in their job description and flex time could be an option. Ms. Doherty hopes that people consider volunteering and they should not be ; intimidated by the process because it takes people with all kinds of experience and may not be as much of a time commitment as some people may think. Motion: To create the volunteer advisory sub -committee as presented with the exception that item number three includes the words "the chair or their designee".'(DelVecchio/Aptowitz) Passes 3:1(Schoonveld Nay) 9. Discussion and Consideration of FY22 Goals and Objectives Mr. Dumas stated that it would be helpful if their document were approved. Mr. DelVecchio commented that some of the goals especially diversity and inclusion and those effect Human Resources and will need an opportunity to revise and amend those goals based on what is determined at a future meeting. Mr. Schoonveld agreed with Mr. DelVecchio that when Mr. Dumas has more information it can be updated. Mr. Schoonveld also commented that the Community Engagement goal should be removed at this time because there is nothing there. Mr. Dumas stated that he will update that information. Motion: To approve the FY22 Goals and Objectives as amended. (DelVecchio/Aptowitz) Passes 4:0 10. Discussion and Consideration of Weekday Hours of Fairfield Inn and Suites Mr. Trowbridge noted this was to correct an oversite. Motion: To approve weekday hours from llam to lam for Reservoir Hotel Partners dba Fairfield Inn and Suites Alcohol License. (DelVecchio/Aptowitz) Passes 4:0 11. Continued Discussion of 50 West Street Property Mr. LaCasse updated the Board that an internal meeting was held on July 12th and the materials were reviewed and updated those individuals in attendance on the Board's decision to retain the property and a presentation will be at the August 4th meeting. Mr. Trowbridge asked for the State Reps and Senator to be invited to this presentation. 12. Resident Questions and Comments There were none. 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. Select Board Meeting Minutes July 21, 2021 a) Vote to Approve Meeting Minutes: • June 16, 2021 • July 7, 2021 b) Vote to Approve Warrants: • Town Vendor Warrant No. 21054T in the amount of $194,584.54 • Electric Vendor Warrant No. 21054E in the amount of $1,436,917.48 • School Vendor Warrant No. 21054S in the amount of $552,637.30 • Town Vendor Warrant No. 21055T in the amount of $528,935.51 • Electric Vendor Warrant No. 21055E in the amount of $51,204.18 • School Vendor Warrant No. 21055S in the amount of $272,428.71 • Town Vendor Warrant No. 22002T in the amount of $267,706.74 • Town Vendor Warrant No. 22003T in the amount of $780,690.98 • School Vendor Warrant No. 22003S in the amount of $357,405.90 c) Permits and Licenses: • Consideration of 2021 Drainlayers License for ATL Construction Inc. • Consideration of 2021 Water Installers License for ATL Construction Inc. • Consideration of 2021 Water Installers License for Bella Construction Company, LLC d) Consideration of Consideration of Proclamations: Motion: To approve the consent agenda. (DelVecchio/Aptowitz) Passes 4:0 14. Consideration and Approval of Town Payroll Warrants: • Town,Payroll/Town Medicaid Payroll 22002PT in the amount of $477,452.53 Motion: To approve Town Payroll/Town Medicaid Payroll 22002PT in the amount of$477,452.53. (DelVecchio/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 22002TV in the amount of $151,382.37 Motion: To approve Town Deductions Vendor Payroll 22002TV in the amount of $151,382.37. (DelVecchio/Aptowitz) Passes 4:0 • Town Payroll/Town Medicaid Payroll 22003PT in the amount of $466,594.17 Motion: to approve Town Payroll/Town Medicaid Payroll 22003PT in the amount of $466,594.17 (DelVecchio/Aptowitz) Passes 4:0 • Town Deductions Vendor Payroll 22003TV in the amount of $138,727.62 Motion: To approve Town Deductions Vendor Payroll 22003TV in the amount of $138,727.62 (DelVecchio/Aptowitz) Passes 4:0 • School Payroll/School Medicaid Payroll 22003PS in the amount of $1,323,739.28 Motion: To approve School Payroll/School Medicaid Payroll 22003PS in the amount of $1,323,739.28 (DelVecchio/Aptowitz) Passes 3:0:1(DelVecchio Abstained) Trowbridge approved using the rule of necessity. • School Deductions Vendor Payroll 22003SV in the amount of $400,515.61 Motion: To approve School Payroll Deductions Vendor Payroll 22003SV in the amount of $400,515.61 (DelVecchio/Aptowitz) Passes 4:0 15. Correspondence There were no correspondence items. 16. Select Board Member's Comments and Questions Mr. Schoonveld stated that he is honoring previous Select Board member Kevin Moran by using a song lyric in his comment. He commented that he was driving around Easton seeing "sign sign everywhere a sign blocking my scenery" and it made him think about the sign bylaw article that was moved to fall Town Meeting, but asked if there was information posted on the sign rules to help prepare residents. Mr. LaCasse responded that regular signs need a permit from the building department and lawn signs on private property are not regulated, but lawn signs are not to Select Board Meeting Minutes July 21, 2021 be put in the public way. Mr. Schoonveld commented that part of the Town Right Away is the first few feet of someone's property. Mr. Trowbridge confirmed that people do not own to the edge of pavement. Mr. Schoonveld thanked Mr. Dumas for the update on personnel changes and noted that a lot of people shift from one department to another and asked why that happens. He also noted updating job descriptions prior to someone leaving the position. Mr. Dumas responded that the union contracts require the Town to accept the most qualified internal candidate first. Mr. Dumas stated that as part of HR reform thay are looking at many items including updating job descriptions that there has not been time for currently. Mr. DelVecchio commented that the Budget Sub -Committee has the draft of the budget timeline and the process is due to begin in September and the committee should meet to approve the document. He then stated that he liked the discussion of the Volunteer Advisory Sub -Committee and noted that there are more volunteers needed and if there is anything the Board could do to increase volunteers they should do it. He then asked if the deadline for applications could be done earlier to spread it out to provide more time. Mr. Trowbridge asked for this to be viewed in the Town Charter. Mr. Aptowitz commented that the Audit Committee is meeting in August, but will need to reorganize and select a Chair. Mr. DelVecchio commented that there is misinformation that the Audit Committee did not meet last year and approve the Audit but stated that they did meet and the Audit was approved in November. Mr. Schoonveld stated that they may be referring to the audit plan for the coming year versus the actual audit. 17. Any items not anticipated by the Chair 48 hours prior to this meeting There were no items. 18. Adjourn Motion: To adjourn the July 21, 2021 Select Board Meeting at 7:5713M. (Aptowitz/Schoonveld) Passes 4:0 Y � Signature Date Minutes prepared by Carrie Champagne Select Board Meeting Minutes July 21, 2021