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HomeMy WebLinkAboutSELECTMENminutes08082012 Town of Mansfield Board of Selectmen Minutes of August 8, 2012 Present: Chairman Olivier Kozlowski, Vice Chairman George Dentino, Clerk Kevin Moran, Selectman Jess Aptowitz, Selectman Annino, William Ross Town Manager Absent: The Board of Selectmen met at 6pm and walked the area that Branch St. would intersect with Lincoln St. (crossing the bike path). Ralph Maloon from Rim Engineering is present and reviewed the changes the Board of Selectmen would like to see along the bike path where it would cross Lincoln St. Mr. Maloon commented at the last meeting the board asked for a number of safety and mitigation measures. 1. Brick pavement where the new sidewalk will meet Lincoln St. 2. Concrete lit bollards along both sides of crossing, two on each side, ten feet apart. 3. Three inch berm coming up onto the bike path. 4. Selectman Annino would like to see guardrail shown on plan, in addition to temporary construction road and signage. 5. Mr. Maloon would also loam and seed the two stub streets over. 6. Let bench donors know that they are being moved to a new location. Branch St. resident spoke to the board and objected to Lincoln St. crossing the bike path. Chairman Kozlowski stated that they aren't real happy with a street crossing the bike path either, however the developer has a right to use his land, and the road is a public road. Both Selectmen Aptowitz and Moran explained that the subdivision is already approved. The Board of Selectmen isn't approving or denying it. The only thing the board is voting on is moving the road to a better location (where crossing the bike path). The developer already has an approved sub division with public road access and they are trying to make the best of a possibly bad situation. Selectman Dentino stated that this is a better option than the original plan from the developer. Board of Selectmen Minutes of August 8, 2012 Selectman Dentino is still unsettled that applications are being held for a bit prior to meetings being set. Chairman Kozlowski stated that they have not been able get all the applicants together (or all the board members) on recent meeting nights so while they still have one more candidate to interview, they are going to proceed to avoid any more delays. Selectman Dentino asked the standard fincomm applicant question: 80ro of our costs are fixed (salary and benefits), what would you do to reduce those costs? James Ragazzo, King Arthur Way resident. He has an accounting/financial background and is presently on the Planning Board. Mr. Ragazzo stated that he has an extensive financial background and would evaluate all the towns expenses and consider changes once they are reviewed. Scott Feely, Fruit St. resident. He has a strong education background in finance/economics and is interested in volunteering his service to the town via the Finance Committee. Mr. Feely stated that Mr. Ragazzo's answer was excellent. You really can't specifically state a plan without having reviewed all expenses and budgets. However, he did outline a few scenarios that may assist the town with reducing expenses and debt. Selectman Aptowitz stated that the fincomm meet frequently during budget season (March to June) in addition to meeting regularly through the year. It is a big time commitment and he hopes that they can streamline it a bit this year. Selectman Aptowitz stated it is important to always remember to keep an open mind and keep the best interest of the town "as a whole" not schools or municipal needs. Mr. Ragazzo stated that as human beings we inherently have biases so we must be vigilant to not allow those biases to taint our decisions in creating budgets. Mr. Feely agreed and stated that budgets/capital items need to be evaluated as a whole and looked at with a pros and cons analysis. Selectman Aptowitz asked the candidates if they would ever support an operational override. Mr. Feely stated it obviously depends on the circumstances. Boord of Selectmen Minutes of August 8, 2012 2 Mr. Ragazzo stated that you can never, say never. You may have to support an override in some circumstances that involve public safety or such urgent matters. Selectman Moran stated that the Board of Selectmen often makes financial decisions that are best for the town however, not always the best "numbers" or financially prudent. He would like to see a fincomm that can offer different plans or scenarios to the board. Selectman Moran also stated that the municipal/school relationship has been strained at times. They are working towards becoming more of a whole entity "the Town of Mansfield" not schools or town. As such we need a fincomm that can assist in collaboratively working together for the good of Mansfield. Selectman Annino stated that Mansfield is a wonderful community. He would like to see a fincomm that is not only good with dollars and cents but are visionaries, which can project what the town's needs and services may be in future years. The candidates spoke of ways to increase revenue, commercial development incentives, etc. Selectman Annino is particularly interested in furthering development of the town down area. He would like to see the fincomm involved in strategic planning for town development not just finances. Chairman Kozlowski asked the candidates what kind of time they could commit to the committee. Mr. Ragazzo stated that he is aware of the time commitment and is willing to give it. Mr. Feely concurred. Chairman Kozlowski asked Mr. Ragazzo about a prior conversation during which Mr. Ragazzo stated he "expects preference." Mr. Ragazzo explained that he meant he felt that an applicant who put his name in first should receive a preference over other applicants. The Board of Selectmen thanked the candidates for coming in and interviewing. Yogen Chemburkar is also applying for a seat on the committee; however he is not available for an interview this evening. He will interview with the board on August 22nd. Selectman Moran recused himself from the meeting and left the room. Board of Selectmen Minutes of August 8, 2012 3 Ralph Penney, Maple St. resident. He is an engineer and has practiced/lived in town for years. He is also currently an alternate on the Planning Board and would like to move up to a full seat. Selectman Dentino asked Mr. Penney what he would like to see in terms of downtown development or the train station area of town. Mr. Penney stated that while he likes to see development done "in house" he believes there are transportation grants that are still available and could be applied for. Selectman Annino stated he is very proud of the Planning Board and all that they have accomplished. He then asked Mr. Penney what he thoughts are on commercial development. Mr. Penney would like to see further development of the Cabot Business Park with zoning changes that would allow higher density. Mr. Penney also believes that the downtown will develop itself as the faces of downtowns have changed over the years. Motion: To appoint Mr. Penney to a term on the Planning Board expiring January 1, 2013. (Aptowitz/ Annino) (Kozlowski nay) 3:1 passes Michael Kidwell, 118 Church St. resident. Did not show up. Michelle Clayman, Harvestwood Lane resident. Her term is up on the Audit Committee and she would like to renew. Motion: To reappoint Ms. Clayman to the Audit Committee to a term to expire June 30, 2014. (Aptowitz/ Annino) 5:0 passes Comcast Center discussion Mr. Ross prefaced the presentations of the Chief of Police and the Fire Chief with a few brief comments and observations regarding the issue of public safety at the Comcast Center. First, I believe we need to keep the situation in perspective. The Comcast Center draws several hundred thousand persons to Mansfield on an annual basis. The number of attendees for each event varies from 7,000 to 8,000 to as many as 19,000. The vast Boord of Selectmen Minutes of August 8, 2012 4 majority of the persons attending the concerts are well behaved and orderly. The number of persons who are taken into custody by law enforcement, or require medical care by EMS or Fire personnel, is small compared to the number of persons attending the concerts. In a perfect world, there would be no persons taken into custody or requiring medical attention. Unfortunately, we do not live in a perfect world. Human beings will act in inappropriate ways that lead to interaction with law enforcement or medical personnel. Second, we grieve for the loss of any human life. Every life is valuable, has family and friends and is unique. However, there are consequences for inappropriate and risky behavior. Sometimes the behavior is such that the individual places his or her life in jeopardy. Law enforcement and medical personnel do their very best to salvage these situations, however, the ultimate responsibility rests with the individual. We are troubled by the loss of any life, but, not because we feel responsible, but because the individual made bad decisions that led to the loss of his or her life. Third, we may not find certain types of entertainment appealing to our personal tastes and propose that that entertainment not be allowed. We live in a country of laws, not of men, as one of the founders of our republic stated so eloquently. The same prior restraint rules that apply to the news media apply to the entertainment industry. The Town does not have the authority to pick and choose which entertainers will be allowed to perform at the Comcast Center. We may not like some of the performers at the Comcast Center, but the performances are protected by the Constitution of the United States which we, as public servants, took an oath to uphold. Finally, the law enforcement officers, firefighters, private security officers and private EMS personnel at the Comcast Center are consummate professionals who work under sometimes challenging conditions to provide for the safety and welfare of the public during events at the Comcast Center. Theirs is a difficult task. The Comcast Center pays the entire cost of their services, and, in fact, pays an administrative fee to the Town over and above the cost of the services. The operation is not perfect, no human endeavor is, but the services are professional, well planned and well executed. Both Chief O'Neill and Chief Boldrighini are present at the meeting and provided brief statements about the issues that they face at the Comcast Center. Chief Boldrighini stated that the public safety issues they encounter at the Comcast Center are present at entertainment centers nationwide; they are not particular to Mansfield or the Comcast Center itself. Boord of Selectmen Minutes of August B, 2012 5 Chief O'Neill stated he cannot add more than Chief Boldrighini or Mr. Ross has already stated. However, he has been with the town since Comcast opened 20 years ago and has seen a shift in the dramatic rise of alcohol and drug abuse. The percentage of young females that are taken into protective custody over the past few years has sharply risen. Chief Inspector Fred Mahoney, ABCC is present and stated that the Mansfield public safety personnel are exceptional. He has also attended Comcast Center events over the years and has found the Comcast Center alcohol service to be quite diligent in their duties. Mr. Mahoney commended the Mansfield police and fire depts. for their hard work and professional manner under severe circumstances. He stated that the Town of Mansfield and the Board of Selectmen should be very proud of their public safety personnel. Selectman Dentino asked Mr. Mahoney how many times a year they visit the Comcast Center. He stated that they have visited Mansfield twice this year and expect to do it once again before the season is over. Mr. Mahoney stated that the Mansfield PD was instrumental in assisting the ABCC in cracking a fake ID ring last year. The rise of young people showing up with excellent fake ID's has risen again and they are working diligently to identify them. However, as both Selectman Moran and Aptowitz stated, it is a nationwide epidemic problem spreading throughout our young people. During the ABCC visits to the Comcast Center they patrolled the parking lot for liquor violations, and then they went into the concert venue to check out the vendors and patrons alike for violations. Edward O'Leary, Foxboro Police Chief, concurred with Mr. Mahoney and Chief O'Neill about the rise in teenage drinking. They are also challenged with these events at the Gillette Stadium as well. They have really clammed down on parking lot partying and even who gets into the stadium parking lots (they must have an event ticket). Selectman Dentino asked Chief O'Leary about what they do for security measures while the patrons are entering the facility. Security pats down the patron and looks through any bags or pouches the patron is wearing/carrying. Roger Hatfield, Foxboro Fire Chief, also agreed with the other chiefs that the rise in drinking hard alcohol (verses beer) has been dramatic among concert goers and it has caused hardship on the towns resources. Board of Selectmen Minutes of August 8, 2012 6 Chairman Kozlowski asked Chief O'Neill about the use of drug sniffing dogs. Chief O'Neill stated that the use of dogs as part of security is impractical for many reasons. They can only work for a limited time; they like people can be cranky and bite people as well. This is not a liability that Chief O'Neill wants to incur. He feels the risks outweighs the benefits. Town Counsel Paul DeRensis is also present and provided information on the law and the use of security measures. A private property owner can use security as they see fit and the patron has the option to not enter the property and submit to a pat down or bag check. The government (police) does not have that option to do so without a warrant as that would be a violation of the person's civil rights. The police need good cause to search or detain an individual. Chief O'Neill stated that they have seen an increase of patrons sneaking in hard liquor in small disposable containers that can be hidden in under garments. Chairman Kozlowski asked Attorney DeRensis if the town could be liable if they were to participate in training of the Comcast Center security personnel. The short answer is yes. In addition, Chief O'Neill stated that the training of police officers varies greatly from the training of security officers. Selectman Dentino stated that he feels we need to have a larger presence (policelfire/ect) at concerts. It is a deterrent as well as a safety precaution. Attorney DeRensis stated that staffing levels are addressed in the entertainment agreement and are researched by the chiefs prior to concerts. It is difficult to change this on the fly as events unfold. After a length conversation, Mr. Ross commented that the police routinely go over the minimum staffing in the contract. However, that is up to the discretion of the chiefs and they know what they need best. Chief Boldrighini stated that while they do have mutual aid agreements in place, however you cannot routinely rely on other communities to pick up your slack. Selectman Aptowitz had nothing but the highest praise for the police and fire personnel that he has observed working at the Comcast Center. He noted that they do such a great job that the Canadian Mounties have actually come down to observe how everything is done in order to emulate it in Canada. Board of Selectmen Minutes of August 8, 2012 7 Motion: To extend meeting to llpm. (Moranl Aptowitz) 5:0 passes Selectman Dentino had a few suggestions on who to control parking lot partying. One of them could be to have "over 21" lots where you must have your ticket and ID scanned. Or just don't let patrons in to the lots without tickets period. Chairman Kozlowski noted that the Board of Selectmen has a policy that addresses how and when the board members should speak with the media. If something happens prior to being discussed at a meeting the board member should disclose to the media person that he is speaking as an individual as the board has not deliberated on the issue yet. The Board of Selectmen votes, deliberates and should act as a board, not as individuals. Selectman Moran stated that when and if he speaks with the media, he always states that he is only one member of a five member board. Selectman Dentino doesn't necessary feel all media or correspondence should go through the chair. Each member has an opinion. Selectman Aptowitz stated that while each member has an opinion, all board votes and decisions should be voiced by the chair. Motion: To extend meeting to l1:lOpm. (Moranl Aptowitz) 5:0 passes Scott Feely, some Comcast Center patrons pick up their tickets at will call so they would not have them available prior to coming into the parking lot. Warrant No. 13005T in the amount of $1,897,693.80 Motion: To approve. (Aptowitzl Annino) 5:0 passes Warrant No. 13005E in the amount of $31,096.82 Motion: To approve. (Aptowitz/Moran) 5:0 passes Warrant No. 13005S in the amount of $695.00 Motion: To approve. (Aptowitz/Dentino) 5:0 passes Boord of Selectmen Minutes of August 8. 2012 8 Warrant No. 13005PT in the amount of $317,532.22 Motion: To approve. (Aptowitz/Moran) 4:0:1 passes (Dentino abstain) Warrant No. 13005TV in the amount of $91,257.13 Motion: To approve. (Aptowitz/Moran) 5:0 passes Warrant No. 13005PS in the amount of $1,055,968.10 Motion: To approve. (Aptowitz/Dentino) 5:0 passes Warrant No. 13005SV in the amount of $301,628.23 Motion: To approve. (Aptowitz/Moran) 5:0 passes Warrant No. 13006T in the amount of $4,417,373.91 Motion: To approve. (Aptowitz/Moran) 5:0 passes Warrant No. 13006E in the amount of $1,926,553.92 Motion: To approve. (Aptowitz/ Annino) 5:0 passes Warrant No. 130065 in the amount of $444,224.77 Motion: To approve. (Aptowitz/ Annino) 5:0 passes Warrant No. 13006PT in the amount of $360,662.46 Motion: To approve. (Aptowitz/Moran) 4:0:1 passes (Dentino abstain) Warrant No. 13006TV in the amount of $101,911.83 Motion: To approve. (Aptowitz/Moran) 5:0 passes Water Installer license for Kenny Hones Corp Motion: To approve. (Aptowitz/Dentino) 5:0 passes One day beer and wine application from Tri County Beagle Club for 8/18/12 12pm - 12am Motion: To approve. (Aptowitz/Dentino) 5:0 passes Election warrants from the town clerk for September 6, 2012 Motion: To approve. (Aptowitz/Moran) 5:0 passes · Deutsche Bank parking proposal: Requesting waiver on the one time per vehicle parking charge Motion: To approve. (Aptowitz/Moran) 5:0 passes Board of Selectmen Minutes of August 8, 2012 9 Requesting waiver on the building permit fees for the tents Motion: To approve. (Aptowitz/Moran) 5:0 passes . Letter in response to Mr. and Mrs. Forget regarding MMED wires adjacent to their building. . Downtown parking and circulation committee: proposed regulations . Letter from the Airport Commission regarding new ten year lease with King Aviation. It will commence January 2013 . We now have an Ipad app that lets the public access the towns GIS system. . Audit Committee met last night and will present the FYlO & 11 audits next month. They also recommended that the town continue to retain Brown & Co. for the next couple of audits due to a few reasons. cost being one of them. · Mr. Ross and Mr. Riccio had the pleasure to meet with area Senators and MBT A reps. to discuss the possibility of expanded parking. such as a garage. . Chairman Kozlowski: . Selectman Aptowitz: . Selectman Annino: . Selectman Moran: . Selectman Dentino: Motion: Adjourn meeting at l1:l1pm (Aptowitz) 5:0 passes 'J::.eut<< ~ Signature of Clerk s~ IS. 2012 Date of Approval Board of Selectmen Minutes of August 8, 2012 10