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HomeMy WebLinkAboutSELECTMENminutes04222009-20090611152339 Town of Mansfield Board of Selectmen Minutes of April 22, 2009 Present: Chairman Ann Baldwin, Vice Chairman Kevin Moran, Clerk Jess Aptowitz, Selectman Sandra Levine, Selectman George Dentino, John D'Agostino, Town Manager Wayne Smith, Manager of Dubs Liquor is present for meeting. These suggestions are an addendum to the existing policy. Sandy: Before coming to bos the app for license will have been before planning, zba and building before applying for license. Mr. Smith had a few questions about the wording of the policy and Selectman Moran explained why the board was looking to expand the license language. Motion: To approve with changes listed above. (Levine/Moran) 5:0 passes . Warrant No. 43B in the amount of $716,941.71 Motion: Approved (Moran/Levine) 4:0:1 passes (Dentino abstain) · Warrant No. 43A in the amount of $256,245.16 Motion: Approved (Moran/ Aptowitz) 4:0:1 passes (Dentino abstain) · 888 Main Street LLC commercial parking lot application Motion: To approve license for 78 spaces. (Moran/Dentino) 5:0 passes . Comcast Center entertainment license and contract with Town of Mansfield Motion: To approve license and contract. (Aptowitz/Dentino) Discussion: Selectman Aptowitz commented about the police keeping the area surrounding the center clean and free of loiterers. The bos discussed the letter from Chief O'Neill listed in correspondence. Selectman Dentino had requested a concert lineup that has not been received. This item will be tabled until next week. Board of Selectmen Minutes of April 22, 2009 · Letter from Global Broadcasting of SNE. They are seeking a ruling from the FCC that Channel 5 is not "significantly viewed" in Bristol County. There is only a 20 day response period on this before they send it to study. Motion: To send a letter expressing the boards displeasure with identifying channel 5 as not "significantly viewed" in Bristol County. (Levine/Moran) 5:0 passes · Letter from Arthur O'Neill regarding the Comcast Center entertainment license. He is in support of the license but is requesting the boards permission to charge certain equipment expenses to the Comcast Center. · Letter from the Norton Board of Selectmen requesting letter of support to DHCD's regulations as pertains to subsidized housing inventory calculation. · Letter from MA State Lottery Commission. Family food mart is looking to get a keno monitor. · Letter of update from the Great American Cleanup of Mansfield. . Letter of request from Beth Flint for farmers market lot use from July 16th to September 24th. Motion: To approve farmers' lot use. (Aptowitz/Dentino) 5:0 passes . Moratorium on commuter parking lots expired August 31, 2008. A landowner near the train station has inquired on parking expansion. Motion: To extend the moratorium to April 22, 2010. (Dentino/Moran) 5:0 passes · Memo from Town Clerk regarding special town meeting warrant. Motion: To close special town meeting warrant. (Levine/Moran) 5:0 passes Selectman Aptowitz read the public hearing notice into record. Motion: To open public hearing (Moran/ Aptowitz) 5:0 passes Attorneys and Christopher DePierro, Manager were present for the hearing. Attorney James Henry explained the three tier system that MWWC would utilize as part of their business plan. Customers can contact M WWC and place an order for wine and they will contact wholesaler to ship wine to customer via Fed Ex. Any orders would be only available to MA residents. The ABCC requires that the operation serve customers who walk in the store and Mr. DePierro stated they are ready to do so. Board of Selectmen Minutes of April 22, 2009 2 Attorney Kelly Martin further explained the MWWC business plan to the board. They feel this service to the community would fill a nitch market that is underserved. Corporate gifts, wine clubs, small vineyard selections. They would also be conducting direct marketing campaigns within the state. The parent company, SLJ Group, has opened up similar businesses in markets like Illinois, California, Michigan, Ohio and New York. Chairman Baldwin asked the public for comment. Mr. Wayne Smith from Dubs Liquors came to the podium and asked how they are able to purchase wine from suppliers that he isn't able to purchase from as they most likely use the same distributors. Attorney Henry stated that although they all use the same distributors MWWC has developed relationships with certain distributors to get rare or unusual wines. By law, all the wines must have the prices posted and on display at the warehouse store for walk ins. Joseph DeTrolio, Rum Runner Manager. He is concerned about wine being delivered throughout the state via FedEx. How would they ensure that the people taking delivery of the wine are over 21? Tips certified personnel from his store currently deliver all alcohol packages themselves in order to assure the age certification requirement is met. Attorney Henry stated that FedEx would require a signature from the recipient for purchase. Even though the drivers are not tips certified, age verification is required. Ann Foley Collins, Fruit St. had questions about the corporate name and where the corporation is located. They have stores in Chicago, New York, Michigan, Ohio and California and now would like to sell in MA. Ms. Foley Collins asked why they are interested in Mansfield and Atty. Kelly stated that they have had a warehouse in Mansfield for a long time and would like incorporate this business venture into the warehousing of wine. Selectman Aptowitz asked about the location of the warehouse, what 'Yo of the business is expected to be walk in, what is the size of the warehouse and how much product would be stored on premises. Walk-in customers would probably be minimal, the warehouse is 1,900 sft. and they would store one trailer load of wine at a time for quick turn around. He also asked how out-of-state wineries ship into MA. If out of state wineries have a distributor's license or business plan that allows shipping into MA they would be able to but not all places have that. The question of internet sales was addressed by Atty. Henry; they would like to do internet sales as well but only to MA customers at this time. Selectman Levine asked about zoning bylaws and why the Francis Ave location was chosen. Board of Selectmen Minutes of April 22, 2009 3 She also asked how Mr. DePierro how he would regulate traffic in the retail store if he was in the warehouse as he was the only employee. Mr. DePeirro stated that the front door is locked and a buzzer would be rung if he was not present in store front. She also asked why MWCC was denied a wholesaler license from the ABCC in 2007. The company wasn't able to comply with the ABCC regulations for this license. So they changed their business plan to go in their current direction. Mr. DeTrolio came back up to the podium and asked a few more questions and product display and signage. He also wanted to know who would be answering the phone and greeting customers. It appears that Mr. DePierro will do it all. Dan Pascucci, Riverwood Drive. What would you be able to offer MA residents that local liquor stores cannot? MWWC offers several different types of wine service such as gift sales, wine of the month clubs, marketing specials that other retails can't offer. Selectman Moran stated that this is a totally different way of operating under a retail alcohol license and they have never seen one before so the board has many questions about approving such a license. The area of service is not well defined and may not fully utilize the license as the board has come to expect. He would like to look at the companies other stores and see how they operate first before issuing a license. It all comes down to the fact that they need the local retail license in order to run their sales business according to the A BCC. Selectman Dentino asked why they applied for a wine and malt license if they only plan on selling wine? The state does not offer a wine license only a full alcohol license and a wine and malt license. He would like to see other operations in the area that do this sort of service and talk to the ABCC about this further. He also asked if the store would be handicapped accessible, which was answered affirmatively. Selectman Moran would also like to see how this works in other communities. Selectman Levine stated that she is uncertain how granting this license would serve the public good of Mansfield residents. This would leave only one license left in town. Mr. D'Agostino also had a few questions regarding this license application. He read a brief comment from the ABCC regarding Mr. DePierro's qualifications as a liquor store manager. The ABCC also had issue with the operations of the wine of the month club offered and distribution problems associated with MWWC. Mr. D'Agostino is concerned that Mr. DePeirro does not have enough experience in liquor service for this proposed operation. Motion: To close public hearing. (Moranl Aptowitz) 5:0 passes Board of Selectmen Minutes of April 22, 2009 4 Selectman Levine thanked Attorneys and Mr. DePierro for coming and discussing the company's plans. However, she is not comfortable with granting this license at this time due to the many gray areas of this proposal. Motion: To deny license application. (Levine/ Aptowitz) 4:0:1 (Dentino abstain) David Rapoza, Paula Lane, criticized the board members for last weeks behavior (discussing open meeting law violations). Did Selectman Levine ask Chairman Baldwin to vote against Corks when they came before the board? Selectman Levine replied that she only shared her opinion about the way she was going to vote on that issue. Mr. Rapoza also had questions about why she limited or suspended questions and comments during her time as Chairman. Selectman Levine stated that Q&C is not the only way to communicate with the board. There is mail, email, phone calls and personal visits that can be utilized to contact board members. Liz Cristo, Sturbridge Dr. 14 year resident and involved in several community groups and activities. She loves Mansfield and wants to be involved in this important task of selecting a town manager. Lou Andrews, Fruit St. 40 year resident and also involved in several community groups and activities. Robert Goldberg, Van Gemert Drive. He wants to simply make a contribution to the town. Dan Pascucci, Riverwood Drive. Resident since 1991 and very active in town issues and wants to help the board. Dianne Royle, long time resident that has been involved in town activities and groups since the 1970's. Served on the school committee for 9 years, served 6 years as a Selectman and was on the search committees for both the superintendent and the town manager. She has much experience to offer. . Selectman Dentino asked the candidates: what they believe makes a good town manager? Board of Selectmen Minutes of April 22, 2009 5 Attorney Kelly Martin further explained the MWWC business plan to the board. They feel this service to the community would fill a nitch market that is underserved. Corporate gifts, wine clubs, small vineyard selections. They would also be conducting direct marketing campaigns within the state. The parent company, SLJ Group, has opened up similar businesses in markets like Illinois, California, Michigan, Ohio and New York. Chairman Baldwin asked the public for comment. Mr. Wayne Smith from Dubs Liquors came to the podium and asked how they are able to purchase wine from suppliers that he isn't able to purchase from as they most likely use the same distributors. Attorney Henry stated that although they all use the same distributors MWWC has developed relationships with certain distributors to get rare or unusual wines. By law, all the wines must have the prices posted and on display at the warehouse store for walk ins. Joseph DeTrolio, Rum Runner Manager. He is concerned about wine being delivered throughout the state via FedEx. How would they ensure that the people taking delivery of the wine are over 21? Tips certified personnel from his store currently deliver all alcohol packages themselves in order to assure the age certification requirement is met. Attorney Henry stated that FedEx would require a signature from the recipient for purchase. Even though the drivers are not tips certified, age verification is required. Ann Foley Collins, Fruit St. had questions about the corporate name and where the corporation is located. They have stores in Chicago, New York, Michigan, Ohio and California and now would like to sell in MA. Ms. Foley Collins asked why they are interested in Mansfield and Atty. Kelly stated that they have had a warehouse in Mansfield for a long time and would like incorporate this business venture into the warehousing of wine. Selectman Aptowitz asked about the location of the warehouse, what 'Yo of the business is expected to be walk in, what is the size of the warehouse and how much product would be stored on premises. Walk-in customers would probably be minimal, the warehouse is 1,900 sft. and they would store one trailer load of wine at a time for quick turn around. He also asked how out-of-state wineries ship into MA. If out of state wineries have a distributor's license or business plan that allows shipping into MA they would be able to but not all places have that. The question of internet sales was addressed by Atty. Henry; they would like to do internet sales as well but only to MA customers at this time. Selectman Levine asked about zoning bylaws and why the Francis Ave location was chosen. Board of Selectmen Minutes of April 22, 2009 3 Lou: The candidate should have MA experience, strength of character, a proven track record because Mansfield should not be a training ground. They should also be a good communicator in addition to being a good listener. Robert: Good fiscal manager and progressive thinker, as well as strong negotiator. Needs to unite the town. Dan: He agrees with everything Lou and Bob said. The manager has to keep distant from political groups in order to stay impartial. Dianne: The new tm should not live in to~n as to not get too involved in town politics however that would require a charter change. The new tm should also not be the MMED manager as well. The search committee is to provide direction and ideas to the bos as they are the decision makers. Liz: Would like to see a tm that has experience with working with schools like Mansfield and the school budget as that is so important of an issue. · Selectman Moran: What priorities should a tm have? Residential, commercial issues? Robert: Fiscal management and community spirit. Dan: Residential concerns are the core issue that needs to be done. The tax payer is the first priority. Dianne: The tm job is very difficult. It is a fine balancing act of dealing with the voters, commercial users, community groups and staff. Liz: Priorities for tm are set by the bos. Downtown is an issue that needs to be addressed. Community spirit is key and the tm should be a part of that. Lou: Priorities change from day to day and a tm needs to be able to prioritize but keep them all in mind. · Selectman Aptowitz: Should the tm handle all town contracts and negotiations? Dan: I have been involved in union negotiations for years and it has all been done by a committee vs. one person. Dianne: tm and an attorney from the union should do negotiations. Perhaps the bos and the tm do it together. Board of Selectmen Minutes of April 22, 2009 6 Liz: The tm should be involved but not do it all. Assistance from attorneys would be good as well. Lou: The tm shouldn't do contract negotiations himself as he may be too close to staff. An outside consultant or attorney should do it with input from the tm. Robert: I believe that you should have a professional negotiator to promote transparency. The unions come in with a professional so therefore the town should, too. It levels the playing field. · Selectman Levine: Where do you see the town going? What is your vision? Dan: The town is in a pinnacle right now and needs some stability. The town is very divided about issues and needs to have someone pull them together. Dianne: There is divisiveness in town and among the board itself. When a new tm comes on board the bos will get along better and the town will be a happier place. Liz: Budget management is key. He needs to address the level of services and infrastructure needs. Lou: He has seen tough times before and sees the town pulling through these current tight times. Robert: A change in leadership at the top will cleanse the town. . Selectman Baldwin: What can you bring to this committee? What are your strengths? Dianne: Years of experience in committee work and knowledge of people. She has provided leadership in the past in this type of executive search. Liz: Has been a part of successful groups before and would like to be on this one as well. Lou: Interview and hiring experience. Has worked with the last 5 tm's and can identify strengths and weakness of candidates. Robert: He agrees with Lou and Dianne answers. He works well with others. 25 years of recruitment knowledge. Board of Selectmen Minutes of April 22, 2009 7 Dan: Does all the hiring and firing for his company. He comfortable with team work and making decisions. · Selectman Moran: What do you think about the town charter? Liz: While it is an important guidebook for the town, it needs to be fluid in order to change with the town's needs. Lou: He likes our town charter and feels it works well. It may need review now and again but it has been a good guide for town government. Robert: Town charter needs to be changed/updated. The Board of Selectmen should be more involved in decisions that are currently made by the tm. Dan: Things are different today as opposed to operating by an outdated play book. It should be updated regularly. Dianne: It is the framework for the town and while it does need review occasionally it is a good document. Town charter was last updated in 1997 by committee but town meeting did not pass the changes proposed. · Selectman Aptowitz: How do you see the tm's role in working with the schools? Their budget compromises 701'0 of the total town budget. Lou: The school side and town side really need to work together to be more efficient. Their systems often do not complement each other and produces inefficiencies. Dianne: In addition the school committee and the bos also need to forge a better relationship. Liz: It is actually in the charter that the school committee and the bos are supposed to meet a few times a year. If this where to happen, the schools and town side would be able to collaborate and communicate much better. · Selectman Levine: How would you feel if all the candidates were female? All candidates state that they would have no problem with that as long as they are qualified for the job. · Selectman Dentino: As you all may know, the current tm is among one of the highest paid tm's in the state. What do you think the next tm should make and what perks should they get? Board of Selectmen Minutes of April 22, 2009 8 Dianne: Obviously that depends on the individual and what they are currently making. Liz: It would depend on the person and she would want to benchmark similar communities. Lou: It depends on all those factors. Robert: It depends and he would curtail the fringe benefits offered. Dan: It depends and would have to compare other towns as well. · Selectman Baldwin: How well do you work under pressure? Dianne: She has been an elected official for many years and is well acquainted with pressure. Liz: Worked in a human resources dept. that was high pressure and involved a lot of confidential work. Lou: Has worked in several manager positions and deals with pressure well. Robert: Does it everyday and has twin teenage daughters. Dan: It is a way of life for him and he deals with it. . Selectman Aptowitz thanks the candidates for their time and dedication to the town. The applicants asked the bos about time constraints and guidelines. Selectman Baldwin stated that the board has three more candidates to interview next week and then they will make a decision. · Negotiations are almost complete with the unions and without health care concessions from all the unions he is formulating a plan to deal with the budget gap that would occur. Supervisory union, clerks, fire and DPW are all onboard. Chairman Baldwin stated that as mentioned before, everything is on the table. Public safety personnel are not off limits to layoffs. Board of Selectmen Minutes of April 22, 2009 9 A discussion followed concerning the stimulus package of $2,094,000 coming from the state as a grant to the schools. Schools do not agree to a split but stipulations for the grant say that only 50~o can be used for salaries and the other 50% must go towards sustainable programs. The Board of Selectmen, the town manager, superintendent and School Committee need to sit down and discuss the issue to ascertain if this grant should be treated as chapter 70 or as a grant only. Motion: To extend meeting to llpm. (Dentinol Aptowitz) 4:1 pass (Levine nay) · Old business from Selectman Levine: None · Old business from Selectman Dentino: Agrees with Selectman Moran about the Fiscal crisis we are in. He is worried about the reduction of services as well. Office hours at his campaign headquarters Monday, Wednesday, Friday 9 to 11 am or call for appointment. Request for sign on Sean Drive. The town manager will take care of it. · Old business for Selectman Moran: Last year this time we were ready to vote on a budget. This year we are not even close. It's a tight fiscal year and the Senate hasn't produced a budget yet this year. Layoffs and reduction in services are a real possibility this year. · Old business from Selectman Aptowitz: Update on Verizon Fios distribution. Update on clean up at the Compo site on Branch St. If you receive an unwanted phone solicitation please let the police know. · Old business from Chairman Baldwin: · New business from Chairman Baldwin: Speed limit signs on Benefit Street still need to be put up. Send email to dept heads regarding wanting to be on the tm search committee Town reports are in and they are great. It is dedicated to Corey Shea this year. Board of Selectmen Minutes of April 22, 2009 10 Concerns over the town accountant Eric Hart still working in the Town of Rockland. Selectman Baldwin is not comfortable with his working in another town and feels he should be devoted to Mansfield. Selectman Aptowitz stated that while he appreciates the fact that Eric is still helping out Rockland it has been six months and he needs to sever the ties. Selectman Dentino reiterated that budget time is a very busy time of the year and his focus should be on Mansfield. Mr. D'Agostino understands the boards concerns and will convey their wishes to Mr. Hart. It is best to give Mr. Hart clear communication on what the board expects from him. Motion: To direct the town manager to tell the town accountant that he needs to stop working in Rockland as of May 1st. (Baldwin/ Aptowitz) 5:0 passes Discussion: Selectman Levine stated that she thought he should be able to give Rockland two weeks notice. The rest of the board wanted a fast and clean break. His focus should be on Mansfield, especially during this time of year. . New business from Selectman Aptowitz: Bertucci's old one is gone. Wants license back. · New business from Selectman Dentino: Questions about Fed Ex deliveries from Shaun Burke, Light Dept and Bob Mangiaratti. Would like copy of minutes from 10-10-08. Kevin took minutes and he needs a copy for review. The bos secretary will forward one to him. · New business from Selectman Moran: None · New business from Selectman Levine: Percussion line came in 2nd in nationals. Motion: To adjourn at 11:00 PM (Baldwin) 5-0 Passes Ie>> ~U/~ Signature of Clerk ~e- I~ 2~~f' r Date of Approval Board of Selectmen Minutes of April 22/ 2009 11