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HomeMy WebLinkAboutSelect Board 05/04/2022Select Board Meeting Minutes May 4, 2022 Present: Mr. Neil Rhein, Chairman; Mr. Michael Trowbridge, Vice -Chair; Mr. Frank DelVecchio, Clerk; Mr. Jess Aptowitz and Mr. Steve Schoonveld were present in Town Hall, Meeting Room 3 A/B. Mr. KRC lVeoTown Manager and Mr. Barry LaCasse, Assistant Town Manager/Finance Director were also pre'S2rj1 {_ '=,`rS OFF ICE 1. Call To Order Select Board Meeting -Pledge of Allegiance na isw I G P 12: R Li Mr. Neil Rhein, Chairman called the meeting to order at 5:30PM. He then asked those present to state the Pledge of Allegiance. He reminded everyone that the meeting was being broadcast live anditapeilfai`f�tilre broadcast on Mansfield Cable. Cl i�S,FTTc 2. Enter into Executive Session and Return to Open Session under Exemption No. 6, M.G.L. Chapter 30A, Section 21- A. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body; and B. To consider approving executive session minutes of November 20, 2019, January 22, 2020, September 1, 2021, September 15, 2021, January 19, 2022, and March 2, 2022 Motion: To enter into executive session and return to open session under exemption No. 6, M.G.L. Chapter 30A, Section 21 to consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body; and to consider approving executive session minutes of November 20, 2019, January 22, 2020, September 1, 2021, September 15, 2021, January 19, 2022, and March 2, 2022 at 5:31pm. (DelVecchio/Trowbridge) Roll Call Vote: Mr.Aptowitz —Yes Mr. DelVecchio—Yes Schoonveld — Yes Trowbridge — Yes Rhein —Yes Passes 5:0 The Select Board left meeting room and returned back to open session at 6:08PM. Mr. Trowbridge asked for a moment of silence for Mr. Frank Collella, a previous Selectman in the Town of Mansfield who passed away. He served from 1972-1980, 1990-1993 and 1995-1998, a span of three decades. 3. Town Manager's Report Select Board Questions and Comments on Town Manager's Report Mr. Dumas began the Town Manager's report stating that the special site -specific liquor licenses have moved up to their third reading at the State which brings them further along in the process towards final approval. Mr. Dumas then stated that they received the formal notice for the Winter Recovery Assistance Program in the amount of $383,651.76 for eligible costs. Mr. Dumas then provided an update on Simple Recycling, noting that effective May 51h residents can schedule a pickup online or via phone. Items can also now be left clearly marked outside their homes and will not have to wait for their normal trash pick-up day. Mr. Dumas then stated that design services for 50 West was approved for $300,000 at 2021 Special Town Meeting and the State has awarded an additional $100,000 earmark towards the cost.. Mr. Dumas then read the water restriction notice on behalf of the Water Department. Lastly he noted that Ms. Katelyn Gonyer, Conservation Agent is applying for Mass Trails grant to provide kiosks to hold trail maps. Mr. Rhein asked if Simple Recycling would still pick up on the regular trash day or does it have to be scheduled and Mr. Dumas responded that it will need to be scheduled. 4. Resident Questions and Comments There were no questions or comments from residents. S. Discussion and Consideration of the 2022 Xfinity Center Entertainment License Select Board Meeting Minutes May 4, 2022 Mr. Sandoval, General Manager of the Xfinity Center was present and stated that he was excited to have forty- one concerts scheduled and three graduation ceremonies. Mr. Schoonveld asked if anything changed in the agreement and Mr. Dumas stated just the dates. Mr. Dumas thanked Mr. Sandoval for his cooperation in working with MMED for the fiber connection which is needed for public safety. Mr. Trowbridge asked how many concerts they had prior to COVID and Mr. Sandoval stated that there were thirty-five shows in 2019. Mr. Trowbridge stated that at the Light Commissioners meeting there did not seem to be a firm commitment on the fiber connection. Mr. Sandoval responded that there was a firm commitment at this time and the funds are available as well as Phoenix Communications has been onsite already. Mr. Rhein asked when the first concert was and Mr. Sandoval responded that the first concert is May 20 with AJR. Motion: To approve the 2022 Xfinity Center Entertainment License. (DelVecchio/Trowbridge) Passes 5:0 6. Discussion and Consideration of the 2022 Commercial Parking Lot Renewal and Consideration of Additional 141 Spaces at Xfinity Center Mr. Dumas noted that it was an additional 141 spaces not 41. Mr. Sandoval explained that they are trying to use parking spaces to generate revenue. They also are planning to sell parking passes for large buses and RV's coming into the venue. Mr. Schoonveld asked if the parking hours are different for the VIP lots and Mr. Sandoval said they were not and typically lots open one hour prior to doors opening, but for some of the larger shows the lots open earlier to alleviate traffic. Mr. Rhein asked if they were still hiring and Mr. Sandoval said they were. Motion: To approve the 2022 Commercial Parking Lot Renewal and the additional 141 spaces at the Xfinity Center located at 885 South Main Street. (DelVecchio/Aptowitz) Passes 5:0 Mr. Sandoval then noted that if anyone wants to be added to the email distribution list for announcements they can email xfinityguestservices@livenation.com. 7. Discussion of Proposed Ban of Nip Bottles Town Meeting Warrant Article Mr. Rhein recused himself from the discussion to avoid any conflict of interest. Mr. Trowbridge, Vice Chair led the discussion. Mr. Trowbridge invited anyone present who wanted to speak on the issue to come forward. Ms. Jennifer Allen came forward stating that she was there to represent Bristol Liquors and Route 106 Wines and Spirits and voice their opposition to the nip ban article on the Town Meeting Warrant. She stated that nips or singles are not defined by the Town's licensing code or the state regulations under M.G.L. Chapter 138, the statutory authority for the licensing of retail sales of alcoholic beverages that makes no distinction in the size of the retail sales of the packaging, so the Town in imposing this ban would alter the current licenses without the right cause or justification. She stated that she understood that this ban was to protect the natural environment, but stated that nips are not the biggest contributor hurting the environment. She added that all the owners are vested in the environment and this seems like an attack on the lively hood of the store owners. She stated that this is an undue hardship and it will cause a significant financial detriment and customers will just shop in the nearby Towns. She stated that the business owners are willing to work with the Town and banning the nips was not the answer. Ms. Allen lastly noted that the State Legislature is considering a five -cent return on nip bottles and if there is something could be done with making the nips part of the Town's recycling program. Mr. Miguel Sanchez of 75 Thurber Avenue in Brockton then spoke. Mr. Sanchez stated that he was the owner of Bristol Liquors located at 670 East Street and spoke about the negative financial impact that the nip ban would have on his family and the other liquor stores in Mansfield. He stated that in 2021 nip sales were twenty percent of total sales and thirty percent of that was profit and 1.75-liter bottles represents ten percent of total sales and they only have ten percent profit. He stated that his customer base will go to surrounding towns and typically people purchase other items along with their nips. Lastly, he asked the Board to reconsider the ban. Select Board Meeting Minutes May 4, 2022 Mr. Wayne Smith of 6 Judys Lane came forward. He stated that he manages Dubs Liquors. He stated that from attending a few Select Board meetings he knows the Town is invested in brining business here and this deters business from coming. He stated that nips are a significant amount of income for his business and that eighty hours in wages a week may be lost with this ban pass. He stated that he knows the alcohol industry is interested in helping with cleanups. He stated that he would like to know the Select Board's position on this article. Mr. Scott Lannan of 26 Dutchess Road in Cumberland RI came forward he stated that he was one of the Managers at Wines and More. He stated that as a store they are willing to collect the nips from customers. Mr. Trowbridge then stated that further in the agenda the Board would be voting to support or not support each of the Town Meeting articles. Mr. Aptowitz stated that normally the Board does not take a position on citizen petitions. Mr. Smith came forward and said that as the article reads currently it says smaller than fifty milliliters which covers no nips, but asked if the petitioner would be allowed to amend the motion on the floor. Mr. Trowbridge responded that they could amend it at Town meeting. Mr. Smith stated that he thought it could not be amended to be more restrictive. Mr. Trowbridge said that he understood what Mr. Smith was saying, but Town Counsel's opinion was that the size could be amended. Mr. Schoonveld asked if there could be any advertising done to let people know that the article may be amended at Town Meeting. Mr. Schoonveld then asked if the owners in the audience were in support of the Better Bottle Bill and Mr. Smith answered that they were. Ms. Sally Fehavari of 86 Lawndale Road came forward. She stated that there are fifty milliliter and one hundred milliliter nips and this ban is only for the smaller ones. She then referenced the State of Maine that did not have nips and they saw a drop in drunk driving incidents but when they were allowed the incidents rate rose. She stated that the small nips go through the drains and are a problem on beaches and oceans. She further noted that they are looking at lots of plastics and this is an additional item. She encouraged everyone to come to Town Meeting and vote. Mr. Trowbridge reiterated that it is the decision of Town Meeting and not the Select Board. 8. Discussion and Consideration of Lodging House License for Trinity Place located at 121-123 N. Main Street Mr. Foster was present virtually via GoToWebinar. He stated that he purchased the property with tenants in place. He further explained that there are not enough parking spaces so it is necessary to maintain a lodging house license. An apartment building would require him to have one and a half parking spaces per apartment. Motion: To approve the lodging house license for Trinity Place located at 121-123 N. Main Street. (DelVecchio/Trowbridge) Passes 5:0 9. Consideration to Appoint Michael Madan or Kenneth Tucker to the Tenant Board Member Seat of the Mansfield Housing Authority Mr. DelVecchio stated that the Volunteer Advisory Subcommittee met and interviewed candidates. He stated that there originally were four candidates and one withdrew before the interviews and one withdrew after the interview leaving only two candidates. Mr. Aptowitz explained that this was the first time the Select Board was appointing a member to the Housing Authority and the person must be a tenant of the Housing Authority, Mr. DelVecchio added that Mr. Tucker has been in Mansfield longer. All members agreed that both candidates were good and it is difficult to pick one person. Motion: To appoint Kenneth Tucker to the Tenant Board Member Seat of the Mansfield Housing Authority to a 5-year term to expire on May 10, 2027. (DelVecchio/Aptowitz) Passes 5:0 10. Discussion and Consideration of Annual Town Meeting Warrant Articles Mr. Rhein stated that usually we group some of these articles together. Mr. Rhein summarized that the first seven articles were budget related articles. Mr. Rhein provided a quick summary of each item as the Board went through the Warrant. Select Board Meeting Minutes May 4, 2022 Motion: To Support Articles 1-7 of the Town Meeting Warrant as presented. (Trowbridge/Aptowitz) Passes 5:0 Mr. DelVecchio stated that the School Committee, Finance Committee and Select Board all voted at the Budget Subcommittee to approve this budget last week. Mr. Schoonveld stated that at Fall Town meeting OPEB funding will be fully funded at $480,000. Mr. LaCasse stated that that was the plan and Mr. Schoonveld asked for this to be recorded in the minutes. Mr. Rhein noted that Articles 8, 9 and 10 not going to be needed. Mr. Schoonveld asked if the Town was at the max for the tax work off program exemption and Mr. LaCasse responded that it was. Motion: To support Article 11-14 of the Town Meeting Warrant. (Aptowitz/Schoonveld) Passes 5:0 Mr. Rhein noted that Articles 15-17 will be passed over. Motion: To support Article 17 of the Town Meeting Warrant. (Schoonveld/Trowbridge) Passes 5:0 Mr. Rhein asked if someone could better explain Article 18 and Mr. Schoonveld stated that in working with the Consultant and Planning Board changes were being submitted for consideration to the Site Plan Approval process. Mr. Dumas also provided further history on the item and explanation. Motion: To support Article 18 of the Town Meeting Warrant. (Schoonveld/Trowbridge) Passes 5:0 Mr. Rhein stated that Article 19 will not be voted on as it is a charter amendment and the proper procedure was not followed. Mr. Rhein asked if there was a motion for Article 20 Ban on Divisive Concepts. Mr. Aptowitz asked the question if the Board should take a position on the Citizens Petitions. Mr. Rhein stated he personally felt that the Board should. Mr. Trowbridge asked what the School Committee voted at their meeting. Mr. Trowbridge added that he understood what Mr. Aptowitz said, however this is an item that has major effect on the School Committee. The School Committee is elected and they get to choose the curriculum and believes it should be ruled out of order and it is not enforceable. Mr. Rhein stated that he knows a charter review is a big undertaking, but it does not seem appropriate that only ten signatures are required to put an article in front of Town Meeting when the population is so much greater than years ago. Mr. Trowbridge then asked about the opinion received from a resident and if that had been sent to Mr. DeRensis and Mr. Dumas stated that our Town Counsel and the Schools Counsel will be meeting to discuss things further and an additional opinion may come from Counsel. Motion: To not support Article 20 of the Town Meeting Warrant. (DelVecchio/Trowbridge) Passes 5:0 Mr. Rhein stated he would abstain from the vote on this article. Mr. Schoonveld stated that he thinks this will be amended on the floor for the size issue. Mr. DelVecchio asked what vote was needed and Mr. LaCasse stated it was a majority vote needed at Town Meeting for the article to pass. He stated he was inclined to support the ban and noted there were many nip bottles cleaned up at the Great Mansfield Cleanup. Mr. Aptowitz stated he didn't want to hurt the businesses, but sees them littered throughout Town. He believed that if they were banned in Mansfield then people would just shop in Foxboro or Norton. Mr. Trowbridge stated that he is torn and wants to see less drinking and driving and less littering. Mr. Trowbridge stated that the plastic bag ban had less of an effect on the businesses compared with a ban of the sale of nip bottles which is just pushing the sales to another Town, but they could still end up on Mansfield streets. Mr. Trowbridge stated he would like to hear from the businesses as to what they could do to help with the littering issue and would rather see that it come from the State that all communities have to ban them. It was decided to not take a vote on this article until the May 18' Select Board meeting and see if the business owners and citizens could find an agreement. Mr. Rhein then stated that Article 22 is rezoning of Chauncy Street. Mr. Rhein stated that the Planning Board voted 5-3 not to support the article. The Select Board did not vote to take a position. Select Board Meeting Minutes May 4, 2022 11. Consideration of 2022 Commercial Parking Lot License for Mansfield Parking LLC located at 75 Chauncy Street Mr. Rhein asked for where this location was and who the owner was. Ms. Champagne stated it was next to the Jeep dealership owned by the Turner Brothers. Motion: To approve the commercial parking lot license for Mansfield Parking LLC located at 75 Chauncy Street. (De lVecchio/Trowbridge) Passes 5:0 12. Discussion of a Dangerous Dog Complaint and Consideration to Set a Public Hearing Date Motion: To temporarily order that the dog Skylar at 45 Donegal Way be on a leash when not behind a physical restraint, fence when outside the domicile and schedule the public hearing for June 1 at 6:3OPM. (De lVecchio/Trowbridge) Passes 5:0 13. Consideration to Re -Appoint D. Austin Horowitz to Southeastern Regional Planning & Economic Development District Motion: To Reappoint D. Austin Horowitz to Southeastern Regional Planning & Economic Development District to a one-year term to expire on May 24, 2023. (DelVecchio/Trowbridge) Passes 5:0 The Select Board noted how fortunate the Town is to have Mr. Horowitz and his expertise. 14. Notification of 2022 Annual Water Restrictions Mr. Dumas read the notice earlier as part of the Town Manager report. Mr. Trowbridge stated that this is State mandate to try and limit the use of water and does not have anything to do with the water levels because water levels are normal in the area at this time. 15. Discussion of Town Manager's Evaluation Mr. Rhein asked each of the Select Board members to read their numeric scores for each of the categories and the numbers were filled in and displayed on the screen as shown below. A few members made some additional comments and Mr. Dumas also made a few comments. Summary of Evaluation Scores for Town Manager Aptowitz Trowbridge Schoonveld Rhein DelVecchio Average of All Select Board Members Decision Making 4 4 3 4 4 3.8 Interaction 4 4 4 5 4 4.2 Motivates Others 4 5 2 4 4 3.8 Identifies & Resolves Problems 4 5 3 4 4 4 Planning 4 5 3 4 4 4 Financial & Budgetary Oversight 5 1 4 2 4 4 3.8 Asset Management 4 1 4 1 4 4 4 1 4 Management Effectiveness 4 4 2 4 4 3.6 Employee Relationships 4 5 2 4 4 3.8 Administration 4 4 4 4 4 4 Innovation and Change 4 5 3 4 4 4 Knowledge 5 5 5 5 5 5 Organizational Relationships 4 5 2 4 4 3.8 Leadership qualities 4 4 2 4 4 3.6 Organization 4 5 3 4 4 4 Total Average 1 4.13 1 4.53-1 2.93 4.13 4.07 1 3.96= 16. Select Board Member Committee and Liaison Updates Mr. Schoonveld stated that the Cable Access Advisory sent an email with their updated articles and Mr. Schoonveld forwarded it to Mr. LaCasse and he stated he could send it to the entire Board. Mr. Rhein stated that the Downtown Committee met on Monday and lots of things are happening Downtown, including planning for the Fall Festival, design new way fairing signage for pedestrians and the area near the Select Board Meeting Minutes May 4, 2022 train station is going to be replanted. He also noted the opening of Bean and Seed and a new bakery coming to Downtown. Lastly, he noted that the dumpster enclosures will be installed, so when people are on the bike path they will not see the dumpsters. Mr. Trowbridge asked if the dumpster behind the house of pizza could also be screened in. 17. Resident Questions and Comments There were no questions or comments 18. 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 Meeting Minutes: • March 16, 2022 • April 6, 2022 • April 27, 2022 B. Vote to Approve Warrants: • Town Vendor Warrant No. 22043T in the amount of $241,491.87 • Electric Vendor Warrant No. 22043E in the amount of $81,636.02 • School Vendor Warrant No. 22043S in the amount of $ 875,612.80 • Town Vendor Warrant No. 22044T in the amount of $1,747,983.22 • Electric Vendor Warrant No. 22044E in the amount of $ 126,173.01 C. Consideration of Permits and Licenses: • Consideration of Special Events Application for Craft Fair on June 11th, June 18th and June 25th • Consideration of Special Events Application for Mansfield Local Cultural Council Grantee Reception on June 15th • Consideration of Special Events Application for Mansfield Memorial Day Parade on May 30th • Consideration of 2022 Drainlayers License DeSilvia Excavation LLC D. Consideration of Proclamations: None Motion: To approve the consent agenda. (DelVecchio/Trowbridge) Passes 5:0 19. Consideration and Approval of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 22043PT in the amount of $417,550.22 Motion: To approve Town Payroll/Town Medicaid Payroll 22043PT in the amount of $417,550.22. (DelVecchio/Trowbridge) Passes 5:0 • Town Deductions Vendor Payroll 22043TV in the amount of $135,379.68 Motion: To approve Town Deductions Vendor Payroll 22043TV in the amount of $135,379.68. (DelVecchio/Trowbridge) Passes 5:0 • School Payroll/School Medicaid Payroll 22043PS in the amount of $1,788,278.58 Motion: To approve School Payroll/School Medicaid Payroll 22043PS in the amount of $1,788,278.58. (DelVecchio/Trowbridge) Passes 4:0:1 (Trowbridge Abstain) • School Deductions Vendor Payroll 22043V in the amount of $548,197.04 Motion: To approve School Deductions Vendor Payroll 22043V in the amount of $548,197.04. (DelVecchio/Trowbridge) Passes 5:0 • Town Payroll/Town Medicaid Payroll 22044PT in the amount of $419,302.94 Motion: To approve Town Payroll/Town Medicaid Payroll 22044PT in the amount of $419,302.94. (DelVecchio/Trowbridge) Passes 5:0 • Town Deductions Vendor Payroll 22044TV in the amount of $139,525.65 Select Board Meeting Minutes May 4, 2022 Motion: To approve Town Deductions Vendor Payroll 22044TV in the amount of $139,525.65. (DelVecchio/Trowbridge) Passes 5:0 20. Correspondence There were no correspondence items. 21. Select Board Member's Comments and Questions Mr. Schoonveld asked if there were any news on Memorial Park and adding wood chips to level it and Mr. Dumas responded that it has been taken care of. Mr. Schoonveld then asked when the Plymouth Street playground project is expected to be completed and Mr. Dumas responded by the end of summer. Mr. DelVecchio and Mr. Aptowitz had no comments. Mr. Trowbridge stated the Town election is Tuesday and asked everyone to come out and vote. Mr. Rhein thanked Keep Mansfield Beautiful for the successful Great Mansfield Cleanup with 425 volunteers. He then thanked Mansfield Emergency Management for following volunteers, Stop and Shop's donation of water, Cousins pizza for the discount on pizza and DPW for all their help. Mr. Rhein noted he was at Plainville Town Hall and stated that he was talking with the Town Manager. He stated that Plainville is using a contractor for grant writing and the person is doing it for twelve different communities. Mr. Rhein asked Mr. Dumas to keep this in mind and this could possibly be a resource for Mansfield. Mr. Rhein asked if anyone was able to do anything about pickle ball courts and Mr. Dumas noted that someone pulled the crack filler out, but Ms. Sherri Gurnon, Recreation Director was in the process of getting quotes for trench filling. Lastly, Mr. Rhein wished a fond farewell to Donna Whitehead who has been a reporter covering the Town of Mansfield and it is now an online only newspaper and she has been reassigned to cover Taunton. The Board discussed having her into a meeting for recognition. 22. Any items not anticipated by the Chair 48 hours prior to this meeting There were no items. 23. Adjourn Motion: To adjourn the May 4, 2022 Select Board Meeting at 8:13PM. (Schoonveld/DelVecchio) Passes 5:0 Signa ure Minutes prepared by Carrie Champagne Date Select Board Meeting Minutes May 4, 2022