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HomeMy WebLinkAboutBOS MINUTES 1-16-13Board of Selectmen Minutes January 16, 2013 Present: Olivier Kozlowski, Chairman; George Dentine, Vice - Chairman; Jess Aptowitz, Doug Annino, and William Ross, Town Manager Guest include: Logan Marks, Mansfield High School Senior; Grant King, Southeast Rail Absent: Kevin Moran Logan Marks, a high school senior at Mansfield High School, is taking a class titled Senior Project that provides students the opportunity to learn outside of the classroom. He is being mentored by Neil Rhein, Mansfield Beautification Committee and is being assisted in landscape design with Ana Newell, "The Garden Lady ". Logan Marks plans to plant shrubs and flowers around the Qualter's Middle School and Robinson Elementary School signs. He also plans on redesigning the plot of land in the center of town across from Casey O'Connors/Barrows Insurance parking lot. He plans on planting shrubs and possibly placing a bench on the island in the center of town. His biggest problem is that he wants to cut down a large pine tree on the island. I-Ie would like to clear the plots of land and then do his planting in the spring. Doug Annino thanks Logan for taking on this project. He notes that Neil Rhein does a lot for the community. Mr. Annino noted the Town is currently working on its sign standards and that all the signs should look the same. Mr. Annino said that Logan's presentation was a prime example of two signs, directly opposite each other but looking different. Mr. Annino would like Mr. Ross to put this example on the list and summed up that everything needs to be consistent. Mr. Ross noted that the Town is working with Neil and Keep Mansfield Beautifiil to ensure that going forward the design of signs are the same and the Town is moving in that direction. Mr. Armin suggests Logan talk to Shaun Burke, Planning Director, concerning a list of street trees for the downtown area. Mr. Annino would like to see a street tree because it offers a canopy and grows to a decent height. He noted he would like to see a standard concerning a tree motif carried through downtown as well. Jess Aptowitz says the Board loves when the youth come in and wishes Logan all the best. Selectman Aptowitz asks how this project will be funded? Logan explains he has already been doing fundraising and Neil Rhein is helping him look into grants as well. George Dentino tells Logan this is a very well thought out project. He is very impressed at how articulate Logan is. Selectman Dentino wishes Logan and his family the very best. Selectman Dentino tells Logan he must go through the Tree Warden. Chairman Kozlowski congratulates Logan on an impressive presentation. He says the pine tree does stick out. Shaun Burke will help him look at site lines and access to the parking lot. Board Of Selectmen's Meeting January 16, 2013 Page 1 of 10 Logan's plan will make a huge improvement. Lee Azinheira, Tree Warden, will need to hold a hearing for the removal of the pine tree. Motion: To support Logan Marks, Mansfield High School Senior, on the removal of the pine tree in the center of Town and the Robinson School and Qualters Middle School sign project. (Aptowitz/Annino) 4 -0; All in favor; Passes Paul DeRensis, Town Counsel, recommends that a Town meeting article, which would clarify Chapter Eleven with respect to commercial establishments. The article would also create authority for the BOS to implement rules, regulations and an approval system tantamount to a town licensing system. George Dentino said we took an example of the BYOB policy from the town of Northbridge and switched it around a bit. This puts a lot of responsibility on owners, workers and servers to be trained for serving. It also puts a lot of responsibility on Town and Police. The Town should develop a policy so that the Town of Mansfield does not have BYOB licenses. Selectman Dentino does not think BYOB is in best interest of anyone. Jess Aptowitz agrees with George Dentino. Since licenses are available, establishments should apply for a license, train staff and be safe. There needs to be control. If there is going to be alcohol on the premises, the establishments need to apply for a license and follow the proper procedures when applying. Doug Annino is now leaning in the direction of no BYOB. Chairman Kozlowski states there is no state or local law that prevents establishments from BYOB. There is a local by law that the patrons would get in trouble if they BYOB. Chairman Kozlowski agrees with Town Counsel. The right way to do this is to have a Town Meeting vote that says "no, you cannot do this" or a Town Meeting vote that says "you can have a BYOB class of license with proper training ". We recommend a Town Meeting Article. Bill Ross states there is a statue on allotting liquor licenses. There are two suggestions, one is Town Counsel has suggested that if BOS want to prohibit BYOB entirely, the mechanism is to ask for a by -law to be prepared and presented at Town Meeting; conversely, if you think it is something appropriate, a by -law empowering BOS to establish rules and regulations for BYOB but it will still need to go to Town Meeting for the legislative body to make that decision. It would be appropriate for the BOS to prepare a draft by Town Counsel for an article at Town Meeting. Bill Ross suggests that if that is the motion you will want to move to direct Town Counsel to prepare by -law for consideration at the Spring Town Meeting prohibiting BYOB in the Town of Mansfield. Town Counsel is saying it needs to be a by -law in order to be enforceable. As of now there is nothing in State law. The current Chapter 11, in the Town by -law, has vague Board Of Selectmen's Meeting January 16, 2013 Page 2 of 10 sections relating to consumption of alcohol in private places. If we want to prohibit BYOB entirely, we need to prepare and put an article on Town Meeting in the spring. One risk is if the Town votes it down, there are no rules in place. Two separate articles are needed. Chairman Kozlowski passed gavel to Selectman Dentine. Motion: To instruct Town Counsel to prepare two articles for Town Meeting. The first Article clearly states that BYOB is prohibited in the town of Mansfield. The second article creates the BYOB license scheme that we have been talking about here. Both of these Articles are to be presented at the Town Meeting so that we will come out of the Town Meeting with a definitive answer. (Kozlowski/Dentino) 4 -0; all in favor; passes Bill Ross will speak with Town Counsel and we will give him with wordage that will satisfy this. Grant King, Principal Comprehensive Planner for SERPED. Mr. King would like to reintroduce the Town to the land use planning component of the South Coast Rail Project. He would like input and initial feedback on the project. SERPED works with all 27 member communities to designate the priority areas and work on planning. Also, SERPED wants to share updated GIS mapping. For example, Canoe River priority protection, they would like to measure how it relates to high yield aqua furb, wetlands, cold water fisheries and if it is doing a good job. Priority areas should not be overly wet. They should have sewer, development friendly zoning, access to transit or high capacity roadways. They would like BOS to set up contact with the Town and review maps. Selectman Doug Annino says contact should be Shaun Burke, Planning Director. What other qualities are they looking at when updating? They provide data and facilitate workshops. Work with planners, department heads and concerned citizens. They will make sure all protection areas are covered. The Town will set the parameters and set the target areas. The Governor allotted $1.8 million for the South Coast Rail to support various communities. Selectman Dentino says we are willing to listen. What exists for current State money? There has never been enough money to help with the train situation. Dentino says we have studied the infrastructure at least five times before. The only solution would be to take land and widen the road of Route 106. SERPA has always been helpful to the Town, however, there is too much work to do with the train station to meet the needs of this Town. Chairman Kozlowski says the planning board is looking at zoning changes in the industrial park to maximize opportunities for development. This is the main focus at the next Town Meeting. The industrial park is prioritized above train station. South Coast Rail is spending an enormous amount of money on rails and are concerned prices of riding the train will increase. Board Of Selectmen's Meeting January 16, 2013 Page 3 of 10 Bill Ross needs to address and complete the work that has been done into a final document. SERPA has been working on RFP for us to finalize items that need to be done. Many studies have been done but there has been no consensus on what needs to be done to the train station. Town Meeting approved funding to get this finalized and underway. Bill Ross says the Town last May completed a strategic planning process and through the process identified a lot of priorities working with the citizens. The priorities included looking at Cabot Park and how it can evolve. The train station and downtown area were also priorities. Many citizens and committees worked in this planning process. Conservation Commission Appointments will be postponed until next week when there is a full board. Kevin Doyle, 35 Fruit Street, (Incident pertaining to the Acela Train on November 2, 2012). Mr. Doyle worked for the MBTA for 25 years. On November 2, 2012, he was at the train station campaigning for Joe Kennedy. He realized an Acela train was approaching at 120 mph. He started yelling for everyone to step back. A women with a 10 year old child jumped out of the way. He feels that there should be an alarm system for announcement when the Acela train is coming through. He is fearful that there will be an incident. Mr. Doyle is asking for support from Board of Selectmen in supporting an announcement system at the train station. Jess Aptowitz suggests putting together a letter signed by the Board of Selectmen to MBTA. Mr. Doyle suggests writing a letter to Mr. Davies, Secretary of Transportation. Bill Ross states he has looked into this. There are sensors on the track and can sense the distance and speed of the trains. Possibly change the announcement by speed of train. Maximum speed to the Acela is 150 mph and 125 for northeast corridor trains. Between northeast corridor trains and Acela there are 38 trips during the week days and for the T there is 34 for a total of 72 trains that go through. The T's trains run on diesel electric motors and Acela and northeast corridor run on pure electricity which makes them quieter. The T owns the road bed and that is who the letter should go to. George Dentino suggests a 3 or 4 foot fence with openings that are marked to stand behind. He feels the danger is not the speed of the Acela but the ability to fall. • Karl Clermney Board Of Selectmen's Meeting January 16, 2013 Page 4 of 10 2. 93 Mr. Clemmey would like to meet with Town Manager, Police, Comeast Center, Fire Chief and Board of Selectmen concerning an idea of a planned business park in the spring. Two weeks ago there was an incident with the Board of Selectmen. He met with DPW Director and Town Manager on the issue and the Town Manager told Mr. Clemmey he needed to go to the Board of Selectmen. The Board of Selectmen kicked it around and out. He feels everything has been blown out of proportion. Mr. Clemmey feels he is not liable at all. Mr. Clemmey will be back next Wednesday to continue discussion on water issue. a. Review and Approval of Minutes and Meeting: • None b. Approval of Warrants Town Warrant 13029T $370,236.05 Motion: To approve Town Warrant 13029T $ 370,236.05 (Annino- Aptowitz) All in favor. PASSES 4 -0 Electric Department Warrant 13029E $1,884,158.57 Motion: To approve Electric Department warrant 13029E $1,884,158.57 (Annino- Aptowitz) All in favor. PASSES Town Payroll Warrant 13029PT $275,192.90 Motion: To approve payroll warrant 13029PT $275,069.05 (Annino- Aptowitz) 3 -1 (Dentin nay) PASSES 4. Town Vendor Warrant 13029TV $81,578.38 Motion: To approve Town Vendor Warrant 13029TV $81,587.38 (Anino /Dentin) 4 -0; PASSES 5. School Payroll Warrant 13029PS $1,435,813.01 Motion: To approve School Payroll Warrant $1,435,813.01 (Dentin /Aptowitz) 4 -0; All in favor; PASSES 6. School Vendor Warrant 13029SV $474,480.30 Motion: To approve School Vendor Warrant 13029SV $474,480.30 (Dentin /Aptowitz) 4 -0; All in favor; PASSES C. Licenses and Permits • Drainlayer's License for 2013 Riccio Excavation Company Motion: To Approve Drainlayer's License (Aptowitz /Dentino); 4 -0 Passes Plainville Pump & Excavating LLC Motion: To approve Drainlayer's License Board Of Selectmen's Meeting January 16, 2013 Page 5 of 10 (Aptowitz /Aptowitz); 3 -1 (Armin nay); Passes Brunelle Contracting LLC Motion: To Approve Drainlayers License (Dentino /Annino); 4 -0; Passes • Water Installer License Renewal for 2013 Riccio Excavation Company Motion: To Approve Water Installer License (Dentino /Annino); 4 -0; Passes d. Establish date for workshop for discussion of Operational Review Report, Finance and Administrative Functions Bill Ross just wanted to get this on the table to try to start the process and discussion on when we can start moving on this. We need to coordinate this with Finance Committee and School Department. Bill needs the Board of Selectmen's feedback on how soon they want to move on this. Jess Aptowitz states ASAP. Bill Ross says this could impact the budget. Bill Ross says this needs to be a separate workshop with Board of Selectmen, Finance Committee and School Department. Bill Ross will bring this up at the subcommittee meeting on what is the best time for them. e. Complaint of Vicious Dog Pursuant to M.G.L. Ch. 140,157 The Board of Selectmen can take no action until there is an investigation by the Animal Control Officer. Then his formal report will be given to the Board. Motion To order animal control officer to do investigation for complaint on vicious dog (Aptowitz/Annino); 4 -0 All in favor PASSES Jess Aptowitz says Board of Selectmen does not have a say in many of these matters. The Board, if it has the responsibility, should then have the authority to deal with all of these vicious dog matters. George Dentino states that there is a different path for private sector and a different path for public sector. Jess Aptowitz feels the safety of people come first. Bill Ross states that in this instance the dog is property and we cannot take property without due process. Jess wants it clear that we are going through the legal process. Bill Ross states that Animal Control officer has been looking into this matter and Board of Selectmen will be receiving a report shortly. f. Correspondence Letter from Shaun Burke, Director of Planning, RE: Municipal Clearinghouse Recommendation —North Common Redesign, dated January 10, 2013. Board Of Selectmen's Meeting January 16, 2013 Page 6 of 10 No action needed at this time; letter is an update Letter from Shaun Burke, Direction of Planning, RE: Municipal Clearinghouse Recommendation —North Main Street/Thomas Street /Old Colony Way/Rumford Avenue Intersection Redesign, dated January 10, 2013. No action needed at this time; letter is an update • Letter from Ken Butler, Executive Director, MMAS Black Box Theater & Marini Gallery. RE: Creeden Street/Wood Avenue Property. Chairman Kozlowski asked Bill Ross what happens in these situations? Bill Ross says we can work with them while the property is being sold. Property is liened. We have not foreclosed on this lien. Bill Ross will be happy to sit down on the Board of Selectman's behalf. • Letter of Application from Doll E. Daze Project & Museum Inc. requesting to place a banner over Route 106 to advertise Martin Luther King Day Celebrations. Felicia Walker. Sign has been amended. She needed to take off profit sponsors. Would have been here sooner but did not know of regulations. Motion: To approve request from Doll E. Daze Project & Museum Inc. requesting to place a banner over Route 106 to advertise Martin Luther King Day Celebrations (Aptowitz/Annino) 4 -0; All in Favor; PASSES • Letter from Mansfield Relay for Life Committee requesting permission to place purple bows on lampposts downtown. Motion: To approve request to place purple bows on lampposts downtown for Relay for Life. Bill Ross will find out when they are putting up the bows. Should be put up a month before and take down a week after. (Annino /Dentin) 4 -0; All in favor; PASSES Letter from Pastor David Arruda at Faith Fellowship United Methodist Church, RE: Invitation to the Faith Fellowship United Methodist Church to honor new Bishop. Motion: To accept invitation to the Faith Fellowship United Methodist Church to honor new Bishop on January 27tt' at l Oam • Email from Craig /Tina Silverio, RE: Unft nded Mandates to Board of Selectmen and Bill Ross. Chairman Kozlowski has responded to this email. Several towns were kicking around the idea of attacking unfunded mandates by virtue of home rule petitions. Home ruled petitions are Board Of Selectmen's Meeting January 16, 2013 Page 7 of 10 things that require Town Meeting approval to ask their state legislatures to exempt those towns from specific unfunded mandates. Bill Ross and Chairman Kozlowski have discussed this. There is a unfunded mandate statue in place. John Stanbrook has provided Bill Ross and Chairman Kozlowski with the text of this. The law provides now that cities and towns can follow up on that. There is also a provision in Massachusetts Law that allows any legislator to file at the request of a constituent. The deadline is Friday. Bill Ross says an example of a recent one is police officers need to fire 3 times per year on the range to keep their certification and if you don't do that the state will lift the certification of your police officers. • Use of Credit cards by the Town of Mansfield Chairman Kozlowski gives a short background of use of credit cards. John Stanbrook is looking at Town Meeting use of credit cards. 8,:TownM�nager'sReport Bill Ross would like to try to set up date for Town Meeting. He is on vacation from April 24 -29 and Brenda Hodges is on vacation from May 13 -17th. We are looking at possibly May 2 Vt or May 7th. Board of Selectmen do not need to make a confirmation today, but there is a lot of planning around this. Chairman Kozlowski thinks May 7 °1 works. Doug Annino suggests everyone check calendars and get feedback. Next week we have Electric Meeting and Board of Selectmen meeting. Bill Ross is also concerned with traffic around Montessori School. He suggest we ask the Montessori school to come in to discuss what they are doing. Next week may not be the right time but the week after should work. Board of Selectmen will be getting minutes from another meeting with the Comeast Center. George Dentine, wants to send condolences to the Flannery Family. Margaret Flannery died in a jet ski accident in Aruba. She is the wife of Bill Flannery who is a representative for the Southeastern Regional. Also two mothers drown in Cancun. George is very saddened by all this news. George Dentine, would like to see the train center moved to the industrial park. It would eleviate traffic downtown. Doug Annino comments that the senior did a great presentation tonight. Who is supervising the senior project? Bill Ross states that Lee would be involved with project as far as the parking lots Board Of Selectmen's Meeting January 16, 2013 Page 8 of 10 and the schools would be in charge with the school project. Doug Annino received a couple of emails from Rob Penny about RFP and their desire to do it, and they are saying that we do not have the personnel to do it in- house. Should we get together with planning board to discuss this? Bill Ross states that the Planning Board is talking about this at their meeting tonight. We need someone with specialty in Transportation Planning. One thing looked at when we discuss going through state for Federal funding, we have more clout when we have a good consulting report saying this is how it is and this is how it should be done. Bill Ross has read several of the reports and they do not say what needs to get done and explain the impact of the development. Widening of 106 may be one solution but there needs to be a second outlet in some manner when you start putting more people in that area. We need to have a final decision on where this is going. Doug Aimino would like to see some realistic solution to this problem and does not want to spend too much money. Bill Ross says the money is budgeted in the parking enterprise fund. Jess Aptowitz commends Logan Marks. He is involved in chorus. They did a great job at the Council on Aging during the holiday season! Financial study is really important with upcoming budget. We need to look at cost cutting. Everyone wants what they want and we need to consolidate. Mansfield residents are paying enough and cannot give more. Comcast Center met with Jess Aptowitz the other day and with regional director and talked about all concerns. The minutes will be given to the Board members soon. Jess Aptowitz represented the Board with everyone's concerns. It was a very good meeting. We still have a lot of work to do but we will do what we need to do to get the job done. Chairman Kozlowski stated he is following up with issues with last week's meeting with Conservation Committee. We need to make sure they are not outside the scope of authority to regulate. In regards to new search for a Police Chief, Arthur O'Neill is bringing one of the candidates for Chief to each of the Comcast Center meetings. Three main issues that were discussed at the Comcast meeting was who is responsible for medical care at the events, looking at a unified command, and the Governor has completely changed the regulations on children in need of service and decriminalized children in need of services. State legislature passed the law and the Governor has signed. It impacts things at the Comcast Center by anyone under the age of 18 who has not committed a crime but is there and may be a danger to themselves cannot handcuff them or take them to the station (our police department reads it this way). He has spoken with Legislator Barrows so this section may be revised for instances at the Comcast Center. We are sending out invites to all our Boards for our January 30 °i meeting so we can go around the table and flag any issues and let Board of Selectmen know what is going on. It will be posted for 5:30 instead of 7. Bill Ross will represent Town at MMA meeting next week. To adjourn at 9:45 p.m. (Aptowitz /Annino); All in favor. Passes Board Of Selectmen's Meeting January 16, 2013 Page 9 of 10 Signature of Clerk /Clu•istina Collins Board Of Selectmen's Meeting January 16, 2013 Page 10 of 10 Date of Approval