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HomeMy WebLinkAboutBOS MINUTES 1-09-13 Board of Selectmen Minutes :EC VF rd, `F, " µ 'a OFFICE January 9,2013 ntti Present: Olivier Kozlowski, Chairman; George Dentino, Vice-Chairman; Kevin Moran, Clerk41 Jess Aptowitz, Doug Annino, William Ross, Town Manager, Dan Deutsch, Town (wise! O x.111 . -", Colin Cauldwell, Vice Chairman, Conservation Commission; Paul Boyden, Elizabeth Leidhold and Carole Matthew were present. Chairman Kozlowski stated that the Board has been meeting with other boards and committees, including a joint meeting with the Planning Board and Finance Committee to discuss how we could encourage development in the industrial park. Chairman Kozlowski stated that the Conservation Commission should be a part of that discussion, but there are issues that need to be addressed first. Specifically, members of the Board have received multiple complaints from people,many of who say they are afraid to speak publicly,about the way they feel the Commission has treated them. Also, questions have arisen over whether the Commission's regulations were adopted properly and/or exceed the scope of the Commission's regulatory power. Chairman Kozlowski noted that any legal action or appeals by the Commission need to come through the Board, so it is in everyone's best interest to make sure the Commission's regulations and actions are on solid legal ground. Mr. Cauldwell brought up the issue of a legal bill that the Board of Selectmen refused to pay. Members of the Board and Mr. Ross reiterated that they felt it was an improper use of funds. Chairman Kozlowski stated that the Board needs to be apprised of all litigation involving town counsel and if Conservation needs to take legal action, they need to communicate it to the Town Manager and Board of Selectmen. Mr.Aptowitz stated that if any board or committee needs legal counsel, they must go to the Town Manager. He stated that he has received from residents/applicants who feel that they are not receiving an explanation or understanding of what needs to be done on various projects. He indicated that he would be happy to review tapes of meetings with the Conservation Commission. Mr. Annino stated that he is confused as to why the Conservation Commission hired an outside attorney and why they did not get approval from the Town Manager.He expressed his concern that the Board is only now hearing that the Commission is in litigation. He stated that the approval procedure has always been in place. He expressed his concern at the Commission's attempt to place blame on Mr. Riccio. Mr.Dentino believes that they Board has approved vouchers in the past.However,he believes that this is the first time a voucher was taken out and the Selectmen made aware that town counsel was not used. Mr. Dentino feels now that all are aware and all will move forward from here. Board Of Selectmen's Meeting January 9,2013 Page 1 of 7 • Mr. Moran stated that they have three lawyers and experts available to help residents with every situation. He has received many calls from resident saying they do not have an understanding of by-laws and regulations and that they do not understand what they need to do. Colin Cauldwell,Vice Chairman,Conservation Commission stated that he had no idea why he was asked to Selectman's Meeting. He thought it may be to discuss a legal bill in dispute, and that he was not prepared to discuss regulations at this time. Mr. Cauldwell believes that the Commission is user friendly. He indicated to the Board that he believes that he told some staff members of the Commission's choice to use outside counsel. Mr. Cauldwell stated that the Commission has been using this fund for years and the Board has been approving. All bills in the future will be run through the Town Manager. Mr. Cauldwell says that he would like to sit down and go through tapes with the Selectmen.Cauldwell simply states they do not have enough staff. He stated that he would like to know the specifics of what applicants are complaining about. Mr. Ross states that there are forms used by all departments, and available to all departments on the town network. Mr. Ross believes this action was unlawful and should have been brought to attention of Town Counsel and Selectman. Mr. Ross states that this is why the rules need to be followed. Mr.Riccio stated that he does not recall speaking with Mr. Cauldwell on this matter and stated that he did have a conversation with Mr. Cauldwell about an appeal of a DEP decision, but he thought that Mr. Cauldwell was utilizing town counsel. Dan Deutsch of Deutsch Williams,Town Counsel, suggested that the facts presented by the Town Manger are correct—Town counsel has full knowledge of local by-laws. Chairman Kozlowski reiterated that the Town is working on zoning changes to encourage development in the industrial park coming up in the Spring and the Conservation Commission should be a part of this, however, the issues of how the board relates to the public and whether the Commission's bylaws are sound need to be addressed first. Mr. Kozlowski believes that they can all accomplish more by working together, and suggested that there be a review of the by-laws and regulations and indicated he was willing to work closely with Town Counsel and the Conservation Commission to make that happen. Chairman Kozlowski indicated that discussion of the BYOB provisions has been a learning experience. He stated that currently there is nothing prohibiting an establishment from offering BYOB. However, the Town has a local by-law prohibiting public drinking or drinking in places where the public has a right of access. This creates a situation where there is nothing preventing a restaurant from offering BYOB, but the public does so at their own risk. He stated that he believed that the issue should be brought to Town Meeting. Mr.Moran believes that the Board is putting too much thought into this issue and does not feel that creating a license is appropriate. He stated that it is for the police to enforce and indicated that if Board Of Selectmen's Meeting January 9,2013 Page 2 of 7 there are restaurants permitting BYOB, that he will vote to not renew their common victualer license. Mr. Annino stated that he did not see a problem so long as BYOB establishments are regulated. Mr.Dentino stated that he is appalled to read from the last BYOB letter that there are relationships between liquor stores and restaurants. He indicated that it would need regulating,tips training and safe serve training.He is concerned that the restaurants would not prevent patrons from becoming intoxicated. He is not in favor of permitting BYOB. Mr. Ross stated that by law, an individual may not consume alcohol in public places. The Town should notify establishments of this by-law and monitor any complaints. Town counsel should advise us through the process. The Board reached a consensus to take this matter up again at its meeting on January 16, 2013. Mr. Ross has distributed to each Selectman copies of the Proposed FY2014 Budget and indicated that the Budget has been filed with the Town Clerk. The municipal portion of the budget does not provide for any additional personnel, proposes adding $500,000 to the budget stabilization fund, $500,000 to the capital improvements stabilization fund, utilizing $1,500,000 for capital improvements and adding $400,000 to the employee retirement health care fund. He stated that the Town will be using cash and not borrowing any money. The School Department has submitted its budget with significant needs. Mr. Ross stated that we will work closely with the Finance Committee on the budget and will continue to meet with the selectmen during this process. Mr. Ross stated that there are no major contract negotiations in the near future. Department Heads have worked very hard, especially John Stanbrook, Town Accountant. Mr. Ross stated that he is very proud of what we have produced and feels confident moving forward with this proposed budget. Mr. Moran thanked Mr.Ross for recognizing the capital improvement needs. It is a small fraction of what is needed, and he believes that we will get where we need to be. Chairman Kozlowski recognized Michele White, applicant for Conservation Commission, who addressed the Board. She stated that she has been on the Conservation Commission for 4 years. She holds a BA in environmental science and a master's degree. She indicated that she has been involved in many projects in town, including Make Mansfield Beautiful and with the Town's DPW and Engineering Departments. Chairman Kozlowski recognized James Turnbult, applicant for Conservation Commission. Mr. Turnbult stated that he grew up in Mansfield and has a construction background as a civil engineer Board Of Selectmen's Meeting January 9,2013 Page 3 of 7 and has an interest in the outdoors. Mr. Turnbult stated that he grew up near conservation lands and would to volunteer his services to the Town and take a proactive approach. Chairman Kozlowski stated that Mr. Daniel K. Bandanza, applicant for Conservation Commission, had withdrawn his application due to increased work commitments. Mr. Dentino asked Mr. Ross to send a letter of thanks to Bandanza for applying. Chairman Kozlowski recognized Mr. Christopher Marcheselli, applicant for Conservation Commission. Mr. Marcheselli stated that he grew up in Easton, has a BA in business, has been a builder for 21 years. He stated that he owns and operates several rental properties, has been involved in a club to build sea walls and has worked with the Conservation Commission on projects. He believes that he can offer a fresh perspective. He believes that the Conservation Commission and applicants should work together on a common sense approach. He indicated to the Board that he believes there would be no conflict of interest and is not applying to serve on the Board for his own personal gain. He stated that he did not have a positive experience with the Conservation Commission which is why he wanted to become involved. Mr. Ross indicated that the State Ethics laws would require Mr. Marcheselli to disclose potential conflicts and to recuse himself when there is a conflict. Mr.Dentino expressed concern about a board member appearing before his own board, and asked that Town Counsel be consulted on this issue. Mr. Dentino thanked Ms. White for reapplying and stated that she has done a good job. Mr. Annino thanked all of the applicants for applying and asked Mr. Marcheselli how he thought the chemistry with the rest of the group would be. Mr. Marcheselli stated that he thought he could bring a new perspective on the Board and that all members should be up to date on the rules. A brief question and answer period followed and all members of the Board thanked the applicants for their time. The Board reached a consensus to put Mr.Dentino's question to Town Counsel and consider these applications for Conservation Commission at its meeting on January 16, 2013. Chairman Kozlowski recognized Mr. Michael Weber, applicant for Recreation Commission. Mr. Weber stated that he has lived in Mansfield for 15 years; he has four children and wants to volunteer his time to the Commission. He had 4 children (one in each of the public schools). Michael Weber wants to volunteer his energies to the recreation committee. All members of the Board thanked Mr. Weber for stepping forward. Motion: To appoint Michael 0. Weber to Recreation Committee. (Aptowitz/Dentino) 5-0 PASSES There were no questions or comments from the public. Board Of Selectmen's Meeting January 9,2013 Page 4 of 7 a. Review and Approval of Minutes and Meeting: November 14, 2012 (Aptowitz/Annino) 5-0 PASSES November 28, 2012 (Annino/Dentino) 5-0 PASSES December 12, 2012 (Annino)Aptowitz)4-1-1 Moran abstains PASSES December 19, 2012 (Annino/Aptowitz) 5-0 PASSES January 2, 2013 (Annino/Aptowitz)4-0-1 Dentino abstains PASSES b. Approval of Warrants Town Warrant 13028T $317,076.95 Motion: To approve Town warrant 13028T$ 317,076.95 (Annino-Aptowitz) All in favor. PASSES Electric Department Warrant 13028E $339,733.59 Motion: To approve Electric Department warrant 13028E $339,733.59 (Annino-Aptowitz) All in favor. PASSES School Department Warrant 13028S $556,156.35 Motion: To approve School Department warrant 13028S $556,156.35 (Annino-Aptowitz) All in favor. PASSES Payroll Warrant 13028PT $301,357.46 4-1 (Dentino nay)PASSES Motion: To approve payroll warrant 13028PT $77977 (Annino-Aptowitz) All in favor. PASSES c. Licenses and Permits Water Installer License Renewal for 2013 —Riccio Excavation Co The Board reached a consensus to review the Water Installer License at next Board Meeting. a. Letter from Mansfield High School All-Sports Booster Club and response letter from Police Chief Arthur O'Neill; RE: 5K Road Race Mr. Aptowitz indicated that the Board had voted for this event last year with the police chief's concerns. Mr. Dentino asked if there were any complaints other than from the Police Chief. Mr. Ross stated that he has no knowledge of any other complaints. Mr. Dentino stated that he finds this letter from the Police Chief to be an embarrassment. Mr. Moran stated that he values Chief O'Neill's opinion. Mr.Kozlowski stated that public safety is always the Board's concern. Motion to approve Road Race(Moran/Aptowitz) 5-0 PASSES Board Of Selectmen's Meeting January 9,2013 Page 5 of 7 b. Memorandum from Roxanne Donovan;RE: Foreclosure of property previously owned by East Coast Development, Map 42, Lot 194 Monahan Lane and Map 40, Lot 227, 7 Gander Lane and 2 Frederick Lane Mr. Ross informed the Board that this correspondence is for information purposes only. c. Letter from William Ross; RE: hiring of Secretary to the Board of Selectmen/Town Manager's Office—Tracy Whalen Mr. Ross stated that Tracey will begin work on January 18th and that he looks forward to working with her. d. Letter from Al-Noor Academy asking to put up "School Zone" signs with accompanying speed limits and other restrictions. The Board directed Mr. Ross to refer Al-Noor academy to public safety and DPW and that he report back to the Board with a recommendation. a. Future Energy Supply-Mr.Ross updated the Board on proposals for future energy supply. A bid opening was held on January 8, 2013 and the best proposal for 5 years was 5.110 per kwh, nearly $.03 lower than what the Town currently pays. Mr. Ross stated that it is important to recognize that this is a reduction, but only a small reduction in overall costs. He indicated that consultants and legal counsel said these were good prices and a good proposal. He has executed the contracts with Florida Power and Light. They have a strong backing and are a solid corporation. Mr.Dentino asked Mr.Ross to update the Board with spot price information. b. Property Tax Bills— Mr. Ross stated that the Town has received many phone calls about the tax bills. He indicated to the Board that the first two bills are based on estimates and the final bill could be a bump. That is how tax laws work in Massachusetts c. MMA Annual Meeting—Mr.Ross stated that the agenda for the annual business meeting is in the Selectmen's Office. d. Police Chief Assessment Center— Mr. Ross stated that the opening has been posted and that he has personally delivered copies to all eligible Sergeants and Lieutenants. The posting is also available in areas throughout the Police Department and at Town Hall. Application deadline is February 2, 2013 e. Mr. Ross stated that he had received an email from Superintendent Hodges indicating when she is unavailable during the month of May. Mr. Ross indicated that he will look at dates for the Annual Town Meeting and make a recommendation to the Board. Board Of Selectmen's Meeting January 9,2013 Page 6 of 7 f. Mr.Ross informed the Board that there is a budget subcommittee meeting on January 17`h Mr. Aptowitz believes that a stop sign is needed going into the post office. Mr. Ross will check with DPW,but he is not sure if we can put a stop sign on a continuous road. As an alternative,Mr. Aptowitz would like to see a"slow" sign or a yellow flashing light. Mr. Aptowitz asked if there is going to be a formal opening of the wells. Mr. Ross stated that is will probably be in the spring. Mr. Moran asked if the snow storm on Christmas was expensive? He acknowledged Jeremy Hamm as the 7th scout to become a young eagle scout and congratulated Jeremy. Chairman Kozlowski expressed his condolences to the family of Gerry Scherma, former Mansfield Veteran's Agent. Mr. Dentino acknowledged Mr. Scherma's contribution to this community. None Motion: To adjourn at 10:10 p.m. (Annino/Moran) All in favor. PASSES I .013 Signature of Clerk Date of Approval Board Of Selectmen's Meeting January 9,2013 Page 7 of 7