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HomeMy WebLinkAboutBOS MINUTES 3-06-13 Board of Selectmen Minutes March 6,2013 L 1 Present: Olivier Kozlowski, Chairman; George Dentino, Vice-Chairman;Jess Apt644z 1Noug. Annino, William Ross, Town Manager Absent: Kevin Moran, Clerk f H Chairman Kozlowski called the meeting to order and stated that the meeting rs>breadcassting live czn Mansfield Cable Access and this broadcast will be available at various times for viewlri_. Mr. Aptowitz read the public meeting notice. Motion: To open the public meeting on the application of Route 106 Wines & Spirits, Inc. d/b/a Route 106 Wines& Spirits,Inc. for the Transfer of a License For All Alcoholic Beverages,Not To Be Drunk On The Premises,from West Mansfield Incorporated d/b/a Rum Runner Wine and Spirit (Aptowitz/Annino) Passes 3:0 Chairman Kozlowski noted that Mr. Moran is absent tonight and that Mr. Dentino is currently in route to the meeting. Counsel representing Mr. John M. McIntyre is, Karen Simao, McDermott, Quilty & Miller LLP was given the option to wait for Mr. Dentino or proceed. Counsel chose to proceed. Mr. John McIntyre is also present. Ms. Simao summarized that this transfer is a corporation to corporation transfer with a license already in place. She noted that Mr. McIntyre is the sole shareholder and has owned and operated retail package stores for over 25 years without a single violation. Mr. Annino spoke highly of Mr. McIntyre's character and stated he has known him for many years. Mr. Aptowitz asked how many stores the applicant currently owns. Mr. McIntyre has two stores located on Laundry Avenue in North Attleboro and Morrissey Boulevard in Boston. Mr. Aptowitz wanted clarification of how many establishments were allowed in the Commonwealth to which Ms. Simao responded it was three but has been increased to five. Mr. Aptowitz stated it is a thorough application and has no further questions. Chairman Kozlowski asked when Mr. McIntyre anticipated opening to which he hoped by May 1 st. The Chairman asked if purchase price is a reflection of the license and inventory. Mr. McIntyre stated there really isn't any inventory so the price reflects the license. Mr. Dentino arrived and was brought up to date as to the proceedings. Mr. Dentino did not see any problems when he reviewed the application. There were no public comments. Motion: To close the public hearing on the transfer of license from West Mansfield, Incorporated to Route 106 Wines & Spirits, John McIntyre, Manager. (Aptowitz/Annino) PASSES 4:0 Motion: Support the transfer of license from West Mansfield, Incorporated to Route 106 Wines& Spirits, John McIntyre, Manager (Aptowitz/Annino) PASSES 4:0 Board Of Selectmen's Meeting March 6,2013 Page 1 of 9 „v. :t 491, :4 1 •. ill ` I��I�: p g�u Mr. Aptowitz read the public meeting notice. Motion: To open the public hearing of the application of BCL Premiere Sports-Mansfield, LLC for the transfer of Wine and Malt License from Set Point Athletics (Aptowitz/Annino) PASSES 4:0 Mr. Paul Mordowski is the counsel for BCL Premiere Sports-Mansfield, LLC. Steve Pulliafco and Brian Coffey present. Mr. Mordowski gave a brief description of the facilities and noted the history of business of the Sportsplex and that it is on the upswing. The facility provides AAU basketball, footsol, soccer and lacrosse with tournaments and practice facilities. The facility has also hosted corporate events, for example Covidien and Johnson & Johnson. Mr. Coffey, a TIPS trained bartender, has run the Courtside Pub for SetPoint Athletics for the past seven years and will remain as Manager. Mr. Mordowski respectfully asked the Board to transfer the license from Set Point to BCL Premiere Sports. Mr. Dentino looked over the application intensively and had no issues. Mr. Annino asked if there were plans for any renovations? Mr. Pulliafco stated the plans are substantially similar with no plans to expand the restaurant/bar area. Number of seats will remain the same. Mr. Aptowitz only asked that the business stay current on bills with the Town. Chairman Kozlowski congratulated BCL and had no questions. No comments from the public. Motion: To close the public hearing on the application of BCL Premiere Sports-Mansfield, LLC, Brian Coffey, Manager, for the transfer of wine and malt license at its facility at 31 Oxford Road from Set Point Athletics d/b/a Courtside Pub (Aptowitz/Annino) PASSES 4:0 Motion: To grant the application of BCL Premiere Sports-Mansfield, LLC, Brian Coffey, Manager for the transfer of wine and malt license at its facility at 31 Oxford Road from Set Point Athletics d/b/a Courtside Pub (A.towitz/Annino) PASSES 4:0 Ms. Emily Miller asked the Board if her December 17' letter had been received by the Board since she had never had any return. The Board answered that the letter had been received. The traffic issue was first reported in a previous meeting to which Mr. Ross noted that he personally observed no traffic issues at the Hands-On Montessori School. Ms. Miller stated that the traffic patterns were established 10 years ago with the Mansfield Police Department and there have been no issues or violations. Mr. Dentino noted that this license issue concerning the use of the Town's right of way includes the ability to leave the fence in place that currently exists in the right of way. The Chairman stated that the fence is there and the Board needs to determine what to do with the fence. The last agreement with Hands-On Montessori School expired in late summer/early fall 2012. Ms. Miller Board Of Selectmen's Meeting March 6,2013 Page 2 of 9 • stated that the school had no intention of still residing at that location,past the agreement, but due to her new location being held up in land court this is now the issue. Mr. Dentino would like discussion on the use of the right of way and possible fee application in order to use the property. Chairman Kozlowski stated this is indeed private use in a public right of way and what should the Board do. Ms. Miller noted there is another private use of a public way diagonally from her that has not been addressed by the Board or assessed a fee. She stated the school has approximately 540 sq. ft. and based on the tax rate in this area, if the school owned the property, which they are NOT looking to do, there could be an additional $73.06 in tax revenue. Ms. Miller stated that she did make a mistake when first installing the fence. Ms. Miller, to make amends, proposed donating $200 towards the North Common Re-Design Gift Fund out of her personal accounts since the school does not have the funds. She is trying to make amends for an honest mistake and hoped the Board would consider her donation. Mr. Dentino reported that his issue has been that the responsibility of installing the fence was on the owners of the property and the company installing the fence and found it difficult that the boundaries were not seen and respected. Mr. Dentino also noted that the Town Engineer, John Sullivan, pointed out on two separate occasions that the fence did not fall on within the boundary lines and needed to be removed. Ms. Miller could not address that because she is not the property owner. Mr. Dentino referred to a letter, which he read, stating the school would remove the fence to comply with the Town's right of way. Ms. Miller looked at the letter and stated it was a suggestion on how to comply with the Town's right of way during a school year so they would not have to shut down and also stated that the handwritten notes were not hers. Ms. Miller believed the notes were from Town Engineer, John Sullivan during negotiations. Mr. Aptowitz asked Ms. Miller how much time is left on the lease? Ms. Miller said there is one more school year. Mr. Aptowitz stated that the focus should now be on doing something in conjuncture with the expiration of the school's lease. He is not acquiescing that what is there is right or wrong but to work out a situation going forward. Mr. Aptowitz is concerned for the safety of the children. Residents have asked Mr. Aptowitz why it is fair for this use of right of way but not for other cases brought up before the Town. Mr. Aptowitz stated the Board needed to do something for the next year and a half(June, 2014) in order to move forward. Ms. Miller stated they are actively seeking new space. Mr. Annino did not want to second guess the Board. The Town basically gave Town land without fee or an agreement, essentially depriving residents an amount of money. The Board needs to do what is best for the Town, which is compensation for the land, whether it is in the means of a donation or fee but it needs to be remedied with a short-term expiration. Mr. Annino noted this is a horrible precedent to set for the Town. Chairman Kozlowski also reviewed the letter in question that Mr. Dentino referred to with Mr. Sullivan's notes(from 2009). It has been 10 years and we have to have an exit strategy. The Town will not solve the Budget gap with this but the situation does not set a good precedent. The Chairman liked Mr. Aptowitz's plan and found it logical. Mr. Annino wanted to know what the concern was with removing the fence initially. Ms. Miller stated that there was a play structure donated by families of the school built and if the structure was Board Of Selectmen's Meeting March 6,2013 Page 3 of 9 removed there would be no"fall zone". Ms.Miller did not know the fence fell on the Town's right of way when the play structure was built. Mr. Dentino referred to John Sullivan's statements of taking the fence down. Mr. Dentino stated to Ms. Miller it wouldn't have cost her anything to re-locate the fence or the play structure since it was the property owners and the fence company's mistake. Ms. Miller reported that it had nothing to do with cost but to have a safe play area and she has never increased the size of the playground. Mr. Dentino differed with Ms. Miller's statement referring the criteria of how big a play area a school needs based on enrollment. Mr. Dentino is not looking and is not in favor of tearing the fence down. He was actually the person who recommended the jersey barrier to protect the children. Mr. Dentino is looking for compensation to the Town of Mansfield because this is a bad precedent. Motion: To accept a $1,000 donation towards the North Common Redesign Gift Fund (Dentino/Annino) Discussion Mr. Aptowitz suggested looking at tax rates. The discussion moved comparing tax rates, land values and the length to which to charge for the use of the land, after a fee is established. Ms. Miller understood that the financial compensation is important to the Town but asked if Mr. Dentino had looked at the list of financial benefits of the Hands-On Montessori School provided to him by her. Mr. Dentino did see what Ms. Miller provided and felt that a$1,000 is not too much to ask. Ms. Miller stated she cannot come up with those funds at this time. She offered an additional $200 to be paid at a later time. Mr. Dentino stated the land is almost 30%of the property to utilize. The reality still is that he is not happy that the boundaries were ignored and he felt it is more than fair that after 10 years of paying nothing. The Chairman noted that it would have to be a license. The agreement has expired and now there is currently an encroachment in the right of way. The Board can issue a license to permit use of the right of way. Mr. Annino stated the options are the Town removes the fence or comes to an agreement to permit the fence to be there. Mr. Aptowitz added with an ending date and a fee to use the right of way. It bothered Mr. Annino that this is so close to the street but he wanted a fair and equitable fee. Mr. Dentino didn't feel $1,000 was unreasonable and does not like the license suggestion. Mr. Ross noted that Town Counsel stated the Town has the authority to issue a license. Ms. Miller respectfully asked if this could be continued with a full Board. Motion: To accept a$1,000 donation towards the North Common Redesign Gift Fund from now to the end of the agreement (end of school year June, 2014) (Dentino/Annino) 1:3 Annino/Kozlowski Aptowitz NAY Board Of Selectmen's Meeting March 6,2013 Page 4 of 9 Motion: Implement a $750 fee,, paid in two installments of April 1St and September 1St with the agreement ending, in June, 2014, with the Town's portion of the land returned to its original (A towitz/Annino) PASSES 3:1 Dentino NAY Nancy Wall, Mansfield Beautification Committee presented. The banner ner presented represented what was used last year. Mr. Dentino would like to see the Town's name more prominent in the future. Mr. Aptowitz noted that the Banner Request Forms are at the Electric Department and requested the Banner Request Form be placed on the Town Website. Motion: To accept the permit to hang the Keep Mansfield Beautiful Banner (Annino/Aptowitz) PASSES 4:0 The 3.5' x 8' fundraising sign will be placed on the North Common for the mural upon approval until the fundraising goal is reached. Mr. Annino was concerned about the size of the sign and asked to have a mock up placed to establish proper sizing. Mr. Ross will coordinate with the DPW and will set a time to view. Artwork is fine, the concern is the size. There will be two outdoor educational panels in conjuncture with the mural. Mr. Annino stated the Town is trying to standardize the Mansfield Logo with the Town seal where the Town will provide the type setting and seal and felt this is a great idea. Mr. Annino would like to standardize these panels throughout the Town. The panels will explain different sections of the mural due to its length and the mural will need to be completed before installation. Motion: To approve the concept of the two educational panels and work with the Mansfield Beautification Committee on lacement (Annino/A towitz) PASSES 4:0 • Application of Daniel Horowitz to the Board of Registrars of Voters to fill an unexpired term, to expire January 1, 2016 Mr. Horowitz is in attendance. Mr. Horowitz moved to Mansfield 5 years ago and is currently employed as an aviation contractor for commercial airports. Mr. Horowitz attended law school and was an attorney for a year, which was a valuable experience. Mr. Dentino asked Mr. Horowitz's reasoning for applying for the position. Mr. Horowitz was informed of the opening at the Democratic Committee Meeting and felt that it is one of the most important Boards to the Town, maintaining the central voter registration. Mr. Horowitz compared his experience voting in NJ to MA. Mr. Annino urged that Mr. Horowitz attend Town Meeting regularly. Mr. Aptowitz echoed the Boards sentiments and explained that the Town Meeting is the government and to ensure attendance. The Chairman thanked Mr. Horowtiz. The Chairman had a discussion with the Town Clerk earlier due there being two vacancies;Diane Royal resigned before the end of the year and then Mary Barton Rowe whose term was ending in 2012 and did not request reappointment. Democrate Town Committee submits a person and Republican Town Committee submits. It's the Chairman's understanding that the Town is filling Diane Royal's position. Mr. Ross also noted that until a successor has been chosen, the original member is still active. With that, Mary Barton Rowe is still serving until a successor is chosen. Mr. Horowitz is to fill the actual vacant seat. Mr. Aptowitz believed that the candidate that comes before the Board fills the longest seat available. The Chairman looked at statute and the Town can't have more than two of any party. This is why appointments come from Committees. Diane and Mary were Board Of Selectmen's Meeting March 6,2013 Page 5 of 9 democrats,the Town Clerk is un-enrolled and Mike McCue is Republican. It is a three person board technically four with the Town Clerk as un-enrolled. • Motion: To appoint Daniel Horowitz to the Board of Registrars of Voters to fill an unexpired term, to expire January 1, 2016 (Aptowitz/Annino) 3:1 Kozlowski NAY • Reappointment of Jeff Healey to the Cable Access Board of Directors, to expire April 2, 2015 Motion: To re-appoint Jeff Healey to the Cable Access Board of Directors, to expire April 2, 2015 (Annino/A towitz) 4:0 PASSES None A. Review/Approval of Minutes of Meetings • NONE B. Approval of Warrants Town Vendor Warrant No. 13036T$1,425,042.18 Motion: To approve Town Vendor Warrant 13036T $1,425,042.18 (Annino/Aptowitz) PASSES 4:0 Electric Department Vendor Warrant No. 13036E $29,318.28 Motion: To approve Electric Department Warrant No. 13036E $29,318.28 (Annino/Aptowitz) PASSES 4:0 School Vendor Warrant No. 13036S in the amount of$240,019.16 Motion: To approve School Vendor Warrant No. 13036S in the amount of$240,019.16 Town Payroll/Town Medicaid Payroll Warrant No. 13036PT $273,701.91 Motion: To approve Town Payroll/Town Medicaid Payroll Warrant No. 13036PT $273,701.91 (Annino/Aptowitz) PASSES 3:1 Dentino NAY Town Deductions - Vendor Payroll Warrant No. 13036TV $83,093.10 Motion: To approve Town Payroll Warrant No. 13036TV $83,093.10 (Annino/Dentino) PASSES 4:0 C. Licenses and Permits • 2013 Drainlayer's License for P. Beatty Excavation, Inc. Motion: To approve Drainlayer's License for P. Beatty Excavation, Inc. (Aptowitz/Dentino) PASSES 4:0 D. Correspondence • Letter from the Disabled American Veterans Requesting Permission To Conduct Annual forget Me Not Fund Raising Drive on September 28th and 29th Motion: To approve the fund raising drive for the Disabled American Veterans for September 28th and 29th (Aptowitz/Annino) PASSES 4:0 • Letter from Mark Mahoney Regarding Commercial Permit Fee, 14 Church Street, Unit 4 Mr.Ross reported that the issue is that the condominium in question was sold by a financial institution to the current occupant. Because the property was vacant, the water had been turned off and the meter removed, and in those cases before the Town reinstalls the meter a plumbing permit is needed and a plumber needs to test the system. Mr. Ross stated that the policy in the plumbing fee structure has been that in condominium complexes of more than 3 or more units a commercial permit rate in charged. Therefore, the fees were assigned Board Of Selectmen's Meeting March 6,2013 Page 6 of 9 properly based upon the Town's current policy. Mr. Ross raised the question to Mr. Nick Riccio, Town's Building and Zoning Officer. Mr. Riccio reported in a memo to Mr. Ross that the fees were instituted by the Board of Selectmen. The Town receives 35%of the fee and the plumber inspector receives the rest. Mr. Ross felt the owner raised a legitimate question. At this point the fee was charged in accordance with the policy in place and Mr. Ross asked that maybe the Town should review the fees. Chairman Kozlowski noted that the circumstances in this case were the sale was not occupant to occupant but financial institution to occupant, which was an REO situation. Mr. Aptowitz was inclined to do something but stated that through the inspection process of purchasing the home the buyer had to have known there was no water and that there was a process to turn it on and it comes down to due diligence. Mr. Annino felt that this is the policy and the Town should not be changing policy. Mr.Dentino does not feel that it is right to charge a condominium owner(single family)the same rate as a commercial property. Mr. Dentino believed the Town should change it now. Chairman Kozlowski noted that in Mr. Riccio's memo the only portion of the fee that is waivable is the 35%paid back to the Town. Chairman Kozlowski passed the gavel to Mr. Dentino who then passed the gavel to Mr. Annino. Motion: To waive the Town portion of the fee charged to Mark Mahoney, 14 Church Street, Unit 4 (Kozlowski/Dentino) Chairman Kozlowski noted that this does not happen often and the fee structure does not account for real estate owned. 2:2 Annino and Aptowitz NAY Mr. Ross asked if he might respond to Mr. Mahoney concerning the issue with Mr. Riccio's memo. The Chairman and Mr. Aptowitz asked that the Town review the fee structure for overall buildings as a whole. Mr. Ross stated that he will ask Mr. Riccio to com are the fees with surroundin communities. Mr. Ross reported there is another storm coming but does not appear significant. The bigger issue is the wind. The Town is prepared. The Chamber of Commerce organized a meeting with Secretary Bilechi, who is in charge of economic development for the Commonwealth. The primary purpose was to talk about the waste water district and to solicit his support for expansion of the waste water plant and any assistance that may be offered through his agency. Mr. Ross noted that there were representatives of various businesses from Foxboro, Norton and Mansfield. Mr. Ross reported at the meeting on the Strategic Planning Process the Town went through and the Town's plans for Cabot Park and the Transit Oriented Development opportunities around the train station. Mr. Ross stated the secretary was particularly interested in the train station area and believed the Town has some real opportunities for assistance through the State. Chairman Kozlowski was also present at the meeting and reported he spoke to the representative of the Cabot Industrial Park about scheduling a meeting with the Town concerning proposed zoning changes. The Town currently has two available alcohol licenses. There has been contact from three parties over the past few days but nothing in hand currently. Board Of Selectmen's Meeting March 6,2013 Page 7 of 9 Mr. Ross met with the Finance Committee on Saturday morning concerning the larger departments, Police, Fire and DPW with department heads. Great progress and the Mr. Ross will have a report in the next few weeks. Mr. Ross interviewed all four police chief candidates and will have his decision for the Board in the following week. He noted excellent candidates all around. Mr. Dentino apologized to his fellow Board members for the dog report that appeared in the newspaper. He had not intended his statements to come out that way. Mr. Dentino did not support euthanizing the dog but also did not want the dog to remain in the Bailey home and wanted to dog to go to a trainer. He was not trying to convince the Board to accept his process. He noted he would vote the same way based on the information presented but felt the dog used his second chance and history showed the proper resolution was found. Mr. Annino met with the Downtown Committee to discuss the Family Fun Night in July. Banners and ways to identify merchants downtown were also discussed. There is a lot of interest for the Town's signage program. Mr. Annino didn't realize how big of an attraction the Black Doll Museum is. This type of museum makes Mansfield a more cultural destination and it is great to see. Mr. Aptowitz thanked Mr. Dentino for his earlier comments. Mr. Aptowitz is a member of the Personal Labor Policy Committee for the MMA where there was a meeting in Boston. He reported lots of vibrant conversation where he participated specifically in looking at full pension reform and brought back handouts if any of the members are interested. Mr.Aptowitz stated that some type of signage is needed at Giles Place coming in off of Route 106. The Town needs to review what can be done there. Mr. Ross will work with the police for solutions. Mr. Dentino stated that if the shrubs could be trimmed there is better site or paint "SLOW" on the roadway. Mr.Aptowitz stated the Audit for June 30 2012 is completed. Bound materials should be available soon and to schedule Jason Porter to present to the Board. Mr. Aptowitz noted that train station parking is jammed, it is becoming an issue and the Town needs to look at it again. Mr. Ross noted the Town needs to move forward on a parking deck to create more spaces but that private lots are not entirely full. Mr.Aptowitz noted that a private lot is collecting fees but has yet to pay the Town quarterly fee. Mr. Ross noted the October Fee has been paid and asked for the owner's attendance but out of state for this date but will schedule in the future. Mr. Aptowitz has issue with them collecting fees but not paying Town fees. Mr. Aptowitz asked about a dedication or grand opening for wells/substation. Mr. Ross noted that will happen during National Water Week in the spring. Mr. Annino noted it would be nice to have public education because it is pretty impressive. Board Of Selectmen's Meeting March 6,2013 Page 8 of 9 Chairman Kozlowski followed up on the work Brenda a Hodges and Bill Ross are doing for the Budget. The Chairman would like to keep the public aware and informed with no surprises. The Chairman thanked Mr. Dentino for his comments earlier and sent support to Allison Bailey, the Bailey family and the Hebert-Millers. g� gab: r ■I� �,.�. ¢ajf il+'t �Ih ,ii{Fitj? None Motion: To adjourn at 9:11pm (Kozlowski/Aptowitz)All in favor. PASSES 4:0 2t1 12-e i Signature of Clerk Date of Approval /Tracey Whalen Board Of Selectmen's Meeting March 6,2013 Page 9 of 9