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HomeMy WebLinkAboutSELECTMENminutes11302011 Town of Mansfield Board of Selectmen Minutes of November 30, 2011 Present: Chairman Jess Aptowitz, Vice Chairman Olivier Kozlowski, Selectman Kevin Moran, William Ross Town Manager Absent: Selectman George Dentino Public hearing notice read into record by Clerk Annino and meeting voted open. Motion: To open public hearing. (Moran/Kozlowski) 4:0 passes The Board of Assessors (Glenn Nirenberg, Dorine Boyd and Greg Matoian) are present for meeting with Assistant Nancy Hinote. Chairman Aptowitz provided the viewing audience with a brief synopsis of how the rates are set and bills staggered throughout the year. Selectman Kozlowski asked a couple of questions about anticipated new growth in the tax rate. Ms. Hinote has prepared a spreadsheet of valuations and growth for the bos to review. Chairman Aptowitz would like to see free cash used to help the resident's lower/maintain tax rate. Selectman Moran is concerned about the town's financial "negative outlook" and low reserves. He would also like the town to address some of the capital needs that have been unfulfilled. Mr. Ross gave the Board of Selectmen and viewing audience the follow report: The State has certified the values and Nancy Hinote has prepared alternatives for the tax rate for Fiscal Year 2012. The good news is that new growth in the community could generate almost $600,000.00 in additional property tax revenue that was not anticipated when the 2012 budget was prepared. I believe this gives the Board of Selectmen an opportunity to look at the tax rates and make a determination as to the amount of the new growth, if any that should be included in the tax rate. Board of Selectmen Minutes of November 30. 2011 The first spreadsheet shows the tax rate for a levy that would cover only the am ount that was anticipated when the 2012 budget was adopted. The result of this tax rate is that the rate for residential properties declines approximately $0.07 per thousand and the rate for commercial properties increases approximately $0.29 per thousand. It is my understanding this would be one of the smallest changes in many years; most certainly a reduction in the residential rate would be somewhat unusual. The tax rates assume the split between residential and commercial will remain the same. You will note that the spreadsheet Nancy has prepared shows various tax rates and splits in order to give you the full information. The second spreadsheet shows the tax rates with the new growth taken into account. The tax rate, again at the same split for residential, would increase by $0.11 per thousand and commercial/industrial would increase by $0.62 per thousand. The additional revenue would go to free cash because it is not included in the budget and could be used to support next year's budget and/or pay for additional capital items such as street maintenance and similar activities. Motion: To close public hearing. (Annino/Kozlowski) 4:0 passes Chairman Aptowitz would like to see the Board of Selectmen leave the split where it is. (1.22). Selectman Annino would like to see the split moved down a bit. Selectman Moran is also in favor of a downward split as the industrial park is an integral part of the community. Both business and residential clients are important to the town and its success. Selectman Kozlowski read a few valuation splits from the Assessor's value sheet in order to compare rates for the viewing public. Motion: To levy at anticipated $300,000.00 (Kozlowski/ Annino) 3:1 passes (Moran nay) Motion: To adopt 1.21 split (Kozlowski/Moran) 3:1 (Aptowitz nay) Motion: To accept and sign the appropriate documents needed for purchase of Eames property. (Annino/Kozlowski) 4:0 passes Attorney James Kelly is present and provided the legal paperwork needed for the transaction to the Board of Selectmen. Boord of Selectmen Minutes of November 30, 2011 2 . Kozlowski: No override for FY13 · Moran: Road work needed through out town. 7 man shift in Fire Dept. · Aptowitz: much needed road and sidewalk work around town. No further loss of municipal personnel. Some of our depts. are closed part time now as the offices are cut to the bare bone. · Annino: Finish work on North Common, gazebo, flag pole. Comprehensive signing use through out town. Parking plan for downtown area. Mr. Ross stated that Mr. Stanbrook and the crp are working diligently on providing a FY13 budget in January. Mr. Ross gave the Board of Selectmen and viewing audience the follow report: r previously sent you a memorandum regarding interest expressed by the Towns of Easton and Norton and having Mansfield join the Veterans Service District that Easton and Norton have in place. r have had a discussion with Kevin Paicos, the Town Manager in Foxboro, who has expressed an interest in joining with Mansfield, Easton and Norton to form a four-community district with two Veterans' Service Officers and appropriate clerical support staff. r believe that the formation of a four-community district would be advantageous to all four communities and to the Veterans that live in the communities. Mansfield and Foxboro both have full-time Veterans' Service Officers. John Hogan, the Mansfield Veterans' Service Officer, is very experienced and very diligent in provision of services to the Veterans of Mansfield. The Foxboro Veterans' Service Officer is relatively new on the job; however, he is very service-oriented and is learning rapidly. He is relatively young and has many years of service ahead of him. Mr. Hogan has indicated to me that he may wish to retire in the next 2-3 years. A joint venture with Easton, Norton and Foxboro would allow Mr. Hogan to mentor the Veterans' Service Officer from Foxboro and pass along his vast knowledge of the needs of Veterans in our communities and the services that can be provided to them. When Mr. Hogan does retire, we would then be in a position to potentially move the current Foxboro Veterans' Service Officer in to the Senior Director's position and through the district, bring on board a second Veterans' Service Officer to provide services to all four communities. This would provide continuity of service and a level of competency for all of our communities. Boord of Selectmen Minutes of November 30. 2011 3 I believe there are some savings that could be beneficial to each of the communities; however, the savings overall may be small in comparison to the improved services I believe would be available. Easton and Norton do need to know if Mansfield is interested in participating. The Board of Selectmen has the authority to join with Easton and Norton. The process is outlined in the guide which I have attached to this memorandum. If the Board of Selectmen finds it is appropriate to further explore the creation of a joint District or an addition of Mansfield and/or Foxboro to the existing District, I would appreciate a motion to that effect and authorization to work with the appropriate communities to reach agreement on the addition of Mansfield to the existing Veterans' Service District. It will need to be future actions to file a request with the Secretary of Veterans' Affairs to join the District and enter into any agreements and applications that may be necessary. The final approval of Mansfield joining the existing district rests with the Secretary of Veterans' Services of the Commonwealth. Selectman Annino asked about the population of Veterans that the towns serve. Mr. Ross stated that Mansfield currently serves 18 under Chapter 7. Chapter 115 cases are also handled as needed. Public comment: James Morrissey, VFW Commander Jack Strand, VFW member Micaila Britto, Veteran Services Coordinator Each speaker voiced their displeasure about Mansfield joining a Veterans District. After several comments from the public about the need to keep Mansfield veterans first and foremost in this process, the board voted. Motion: To summit application to State to form a Veterans District. (Annino/Moran) 4:0 passes Q& Leann Cerretani: Warren Ave Statement: I know with the Town's policy to conserve energy many lights have either been capped or removed. However, our street is not like most streets in Mansfield. First, we are a route to the train to avoid traffic on Rt. 106. We also have many people walking to the train via our street. We have many teenagers, that do not live in our Board of Selectmen Minutes of November 30, 2011 4 neighbor walking down our street at night. Because there is such a high rate of transient people walking through our street, at night in the dark, we need proper lighting. A few key areas are not lit due to outages or blocks. Bella Vista, a street that runs parallel with ours has proper lighting. And they should because they have all the same issues that we have. Bella Vista has 4 lights on the street with a light at the top of their street on Central and another light on Winthrop which is also placed at the end of the street. Warren Ave has 2 lights with no light at the top on Central. It is very dark, and unsafe. The Board of Selectmen looked at the maps that Ms. Cerretani provided and concluded that a couple of lights were indeed out on the street that should not be and will be fixed Ms. Cerretani also addressed the fact that there is also a house on their street, which is in terrible disrepair. Recently, the gas lines were being replaced on our street and the gas company had to enter their house. The state police were very concerned with the conditions of this home and reported it to the public health department. They were required to empty the house to a bare minimum in order to live safely in their home. However, the public health department is not responsible for the outside of the home. She spoke with Nick Riccio and he informed her that there is nothing he can do. Mansfield has no ordinances to enforce even the smallest request to keep a yard clean. My neighbors and I are asking the Board for guidance. Other towns have bare minimum standards that are on the books and are only enforced when a severe issue is presented. Ms. Cerretani and a couple of her neighbors also spoke about tractor trailer traffic issues from local business. (APR) They have tried talking to the company but they have not been very cooperative. And there are no noise ordinances in town that would require them to change their routes or hours of operation. After a brief discussion with the board, Ms. Cerretani stated she will send a description of proposed bylaw for a town meeting article. Lou Andrews, Natural Resources Trust Chairman, there are no representatives from NRT or ConComm on the Strategic Plan (open space part). He would like to recommend that the bos appoint one. Ed Rosenberg, Ware St. Would like to see more lights turned back on with the surplus the MMED has. He feels that public safety is being compromised. And in addition, some lights are on all day, some start at 3pm and some not at all. Boord of Selectmen Minutes of November 30, 2011 5 Warrant No. 12021T in the amount of $1,038.866.54 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12021E in the amount of $307,061.71 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 120215 in the amount of $1,346,341.18 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12021PT in the amount of $352,709.44 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12021TV in the amount of $109,312.70 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12021P5 in the amount of $1,447,364.08 Motion: To approve (Kozlowski/Moran) 3:1 passes (Annino nay) Warrant No. 120215V in the amount of $459,202.81 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12022T in the amount of $1,245,812.14 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12022E in the amount of $62,797.87 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 120225 in the amount of $380,049.15 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12022PT in the amount of $272,037.53 Motion: To approve (Kozlowski/Moran) 4:0 passes Warrant No. 12022TV in the amount of $81,279.69 Motion: To approve (Kozlowski/Moran) 4:0 passes Boord of Selectmen Minutes of November 30. 2011 6 License application approvals: Village at Willow Crossing Common Victualler- Wine & Malt Motion: To approve (MoranJKozlowski) 4:0 passes Village at Willow Crossing Common Victualler Motion: To approve (MoranJKozlowski) 4:0 passes Tahana Common Victualler- All alcohol Motion: To approve (MoranJKozlowski) 4:0 passes Tahana Live Entertainment license Motion: To approve (Moran/Kozlowski) 4:0 passes Tahana Common Victualler Motion: To approve (MoranJKozlowski) 4:0 passes Kyoto Enterprises Common Victualler- All alcohol Motion: To approve (Moran/Kozlowski) 4:0 passes Kyoto Enterprises Common Victualler Motion: To approve (Moran/Kozlowski) 4:0 passes Geno's Common Victualler- All alcohol Motion: To approve (MoranJKozlowski) 4:0 passes Geno's Common Victualler Motion: To approve (MoranJKozlowski) 4:0 passes Geno's Automatic amusement Motion: To approve (Moran/Kozlowski) 4:0 passes Geno's Entertainment Motion: To approve (Moran/Kozlowski) 4:0 passes Longhorn Common Victualler- All alcohol Motion: To approve (MoranJKozlowski) 4:0 passes Longhorn Common Victualler Motion: To approve (Moran/Kozlowski) 4:0 passes Boord of Selectmen Minutes of November 30, 2011 7 Dubs liquor All alcohol retail package license Motion: To approve (Moran/Kozlowski) 4:0 passes Dubs Common Victualler Motion: To approve (Moran/Kozlowski) 4:0 passes Tedeschi's Wine & malt retail package license Motion: To approve (Kozlowski/Moran) 4:0 passes New England SOOliservice Wine & malt common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes New England Sportservice All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes New England SpOliservice Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Mansfield Deli Wine and malt retail package Motion: To approve (Kozlowski/Moran) 4:0 passes Mansfield Deli Common Victualler Motion: To approve (KozlowskilMoran) 4:0 passes Trattoria All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Trattoria Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Holidav Inn All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Holidav Inn Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Holidav Inn Live Entertainment Board of Selectmen Minutes of November 30, 2011 8 Motion: To approve (Kozlowski/Moran) 4:0 passes Cibo Matto All alcohol common victualler Motion: To approve (KozlowskilMoran) 3:0:1 (Annino abstain) passes Cibo Matto Common Victualler Motion: To approve (KozlowskilMoran) 3:0:1 (Annino abstain) passes Rum Runner All alcohol retail package Motion: To approve (KozlowskilMoran) 4:0 passes Jimmy's All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Jimmy's Common Victualler Motion: To approve (KozlowskilMoran) 4:0 passes Set Point Athletics Wine & malt common victualler Motion: To approve (KozlowskilMoran) 4:0 passes Set Point Athletics Common victualler Motion: To approve (KozlowskilMoran) 4:0 passes Set Point Athletics Automatic amusement Motion: To approve (KozlowskilMoran) 4:0 passes Catman Cafe Common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Catman Cafe Automatic amusement Motion: To approve (Kozlowski/Moran) 4:0 passes Catman Cafe Live ente11ainment Motion: To approve (Kozlowski/Moran) 4:0 passes Catman Cafe All alcohol common victualler Motion: To approve Boord of Selectmen Minutes of November 30, 2011 9 (Kozlowski/Moran) 4:0 passes Willowdale Golf Course All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Willowdale Golf Course Common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes TGI Fridav's Common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes TGI Friday's Automatic amusement Motion: To approve (Kozlowski/Moran) 4:0 passes TGI Friday's All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Asia Grill & Sushi Common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Asia Grill & Sushi Live Entertainment Motion: To approve (Kozlowski/Moran) 4:0 passes Asia Grill & Sushi All alcohol common victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Cold Stone Creamery Common Victualler Motion: To approve (Moran/Kozlowski) 4:0 passes House of Pizza Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Magic Pizza Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Honey Dew Donuts Common Victualler Motion: To approve (Kozlowski/Moran) 4:0 passes Boord of Selectmen Minutes of November 30, 2011 10 Lance Class I auto license Motion: To approve (Kozlowski/Moran) 4:0 passes Clemmev Class II Motion: To approve (KozlowskilMoran) 4:0 passes Clemmev Class III Motion: To approve (KozlowskilMoran) 4:0 passes Times Past Class II Motion: To approve (Kozlowski/Moran) 4:0 passes Billings Realty Lodging House license Motion: To approve (MoranIKozlowski) 4:0 passes Water installer license application from Hayes Excavating. Water Operations Manager recommends approval. Motion: To approve (Kozlowski/Moran) 4:0 passes Board of Selectmen meeting minutes of November 2, 2011 Motion: hold Board of Selectmen meeting minutes of November 9, 2011 Motion: hold . Fee waiver request from Grove Building Company for work at Mansfield Cable Access. TABLED . Letter of request (use of 3 a/b) for Martin Luther King day breakfast by the Multi Cultural Heritage Alliance. Motion: To approve (Moran/Kozlowski) 4:0 passes . Letter of request from Rabbi Kivman to put a Menorah on the south common for Chanukah and have a community wide party at town hall (3 a/b) Motion: To approve Boord of Selectmen Minutes of November 30, 2011 II (Moran/Kozlowski) 4:0 passes · Letter of request from the Girl Scouts of Eastern Mass (Mansfield/Foxboro) looking for permission to set up a Cookie sales booth at the Mansfield Green. Motion: To approve dates (Moran/Kozlowski) 4:0 passes · Letter from Chief O'Neill appointing Officer Roy Bain to the rank of acting Sergeant during Sergeant Maigret's absence. · In accordance with the Town Charter, the MBC is requesting additional members of Town Staff to be appointed to represent the DPW in the facility design project. In order to meet the requirements of Chapter 193 of the Construction Reform Act of 2004, we would like to have you appoint Lee Azinheira to serve as the Owner's Project Manager for the Design Stage of this and the Memorial Hall Project. He will serve as a non-voting member of the MBC. Lee has also recommended that we ask that Mark Cook is appointed as the DPW representative - as a voting associate member of the MBC. We would also like you to serve in an active participant in the designer selection process of both the DPW building and the Memorial Hall projects. Motion: To appoint Mark Cook as a representative and voting member. (Moran/ Annino) 4:0 passes · The Attorney General has officially adopted a new regulation (940 C.M.R. 13 29.10) under the Open Meeting Law (G.L. c. 30A, 1313 18-25) to allow members of local public bodies to fully participate -- deliberating, investigating and voting -- in public meetings remotely. These regulations now include the ability of local public body members to participate remotely due to geographic distance (in addition to remote participation for illness, disability, emergency and military service). This is a welcome change to the regulations for remote participation originally proposed by the Attorney General's office, which seemed opposed to allowing remote participation for geographic distance. If any municipality would like to have its public body members to participate remotely at their public meetings, then the municipality must: Boord of Selectmen Minutes of November 30. 2011 12 1. authorize remote participation by its Mayor or Board of Selectmen; and 2. ensure that all public body members participating remotely and other persons at a public meeting will be clearly audible to each other. Once a municipality has completed those steps, a public body member may participate remotely if: 1. the chairman and a quorum of the public body are physically present at the meeting; 2. the chairman receives from public body members before the meeting notice that the public body members wish to participate remotely and determines that geographic distance (or personal illness or disability, emergency or military service) will make attendance unreasonably difficult; and 3. the chairman declares at the meeting that the public body member(s) will not be attending physically but will be participating remotely and the reasons why, so it may be entered into the minutes of the meeting. All votes taken by a public body when one or more members are absent must be by roll call vote. Motion: To approve (940 C.M.R. !l 29.10) Remote Meeting Participation, under the Open Meeting Law (G.L. c. 30A, !l!l18-25). (Executive Sessions are excluded) (Kozlowski/Moran) 4:0 passes. FEMA reimbursement expenses have been filed from the October storm. Hercules Landfill capping work will begin this spring. (April 2012) East Common flagpole has been sent out for restoration and will be done shortly. Providing the weather holds up it will be back in the ground right away. . Selectman Kozlowski: Survey of street lights will be integrated with a GIS Ipad app. the town will be using. . Chairman Aptowitz: Will be using remote meeting participation next week for Selectman Dentino (who is out on surgical leave) Chairman Aptowitz would like to have the meeting start at 7:30pm next week. Board of Selectmen Minutes of November 30. 2011 13 · Selectman Annino: North Common committee has meet and will begin work on gazebo soon. Town hall Christmas decorations look great and show community spirit. · Selectman Moran: The parking committee will be issuing plan soon. · Selectman Dentino: Not present Motion: Adjourn meeting at 9:30pm and go into executive session. (Moran) 4:0 passes Roll call vote: Moran aye, Kozlowski ay, Aptowitz aye, Annino aye, 4:0 passes Z)()U;P~ ~ Signature of Clerk Z)~l.nlf, 2t711 Date of Approval Board af Selectmen Minutes af November 30, 2011 14