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HomeMy WebLinkAboutBOS MINUTES 1-23-13Board of Selectmen Minutes January 23, 2013 Present: Olivier Kozlowski, Chairman; George Dentino, Vice - Chairman; Kevin Moran, Clerk; Jess Aptowitz, Doug Annino, William Ross, Town Manager Chairman Kozlowski called the meeting to order and stated that the meeting is broadcasting live on Mansfield Cable Access and this broadcast will be available at various times for viewing. Chairman Kozlowski noted that the BOS meeting was posted for 8:30 PM or immediately following the Light Commission meeting. Chairman Kozlowski noted that Haunted Hollows not present at the moment. Chairman Kozlowski moved to Itern #3. Began this portion at 8:36pm. Jeanine Rose and Pat Colbert, co- chairs, of Haunted Hollows presented, along with several youth members of the team (in audience). This is their 3`d year presenting. This will be their final year as chairs for the Haunted Hollows Event. Their hope is that there will be a continuation of this event and saw themselves as stewards. They asked that those who are looking to be a part of this event in the future understand what the event represents, which is a commitment to the teens and the community. They found that the success of this event is in the youth presence and their need for socialness. Chairman Kozlowski asked if there is a Board or some kind of committee for the Haunted Hollows event going forward. Ms. Colbert explained that their hope is that there are adults who will come forward to continue, as it needs supervision, and felt that this would be a great forum to recruit their replacements. Ms. Rose thanks the Board for all their support and noted there were many others, including DPW, Fire, Cable Access and many more departments and families involved. With over 400 volunteers, the co- chairs would like to go on record to thank them but mostly the Mansfield High students who went above and beyond. Ms. Rose noted that a decision was made for the 2012 event to continue past Halloween (due to Halloween falling on a Wednesday), but were disappointed as to the turnout. They felt that once the holiday ended there was no longer a need. Donations for this year were $6,000: $2,500 to Mansfield Animal Shelter, $2,500 to West Side Benevolent Society and $1,000 to Our Daily Bread. A remaining balance of $705.97 is left for the 2013 event. They are leaving documentation of how to planfrun the event for the future chairs and pledge continued support. Mr. Annino thanked the chairs for what he said is a huge commitment and they will certainly be missed. Mr. Amrino commended the youth for their passion. Board Of selectmen's Meeting January 23, 2013 Page l of 7 Mr. Dentino hailed the event and the community of Mansfield for how the residents all worked together. He feels that the primary reason is getting people involved, working together and having ftm. It must stay a MANSFIELD EVENT. Mr. Moran and Chairman Kozlowski echoed the Board's sentiments and wish them luck in the future. The website for further information for the Haunted Hollows is www .mansfieldhauntedhollows.com. Photo was taken with the co- chairs, youth leaders and the Town Manager. Chairman Kozlowski stated that there are three applicants for two open positions. Applicants were interviewed at previous BOS meeting dated January 16d'. Chairman Kozlowski explained the process for voting. Each board member will write down the two names they wish to vote for, sign their vote and then the votes will be publicly tallied and read. The two highest vote getters will be appointed to the two open posts. Mr. Annino nominated Michele White, Jess Aptowitz nominated Christopher Marcheselli and Mr. Moran nominated James Turnbull. Chairman Kozlowski asked if there is any discussion. Mr. Dentino stated he spoke with Town Counsel regarding any conflicts and was advised that the decision is left to the Board and there is nothing illegal. Mr. Annino is impressed with Ms. White's outreach and feels it is a true measure of someone who wants to educate and serve on a committee. Mr. Annino went on to say he was also impressed with Mr. Turnbull's engineering background, credentials and knowledge of state statutes and laws and conservation issues and feels he would enhance the committee. Mr. Annino is a little afraid of Mr. Marcheselli hurting the dynamics of the board. Mr. Dentino felt there are three great candidates. Mr. Dentin would like to note that he has never voted out an incumbent due to all the time connnitment and knowledge acquired and feels they deserve to be re- elected for doing a decent job, barring any unforeseen things. He stated that Ms. White has proven herself over the years and is a great team player and a knowledgeable person. Mr. Dentino felt that Mr. Turnbull is a very powerful candidate and that Mr. Marcheselli could add great diversity to a Board that sometimes doesn't seem to always have that diversity working. Mr. Dentino went on to say he believes all three candidates will do what is right in accordance of the rules. Mr. Moran echoed that there are three strong candidates and that he is basing his votes on what he feels we need to do to get the Town where it needs to go. Chairman Kozlowski agreed that there are three stellar candidates. He continued to explain that he has received complaints concerning the Conservation Commission and will vote accordingly. Mr. Dentino added that he has given a lot of thought of people recusing themselves of projects they are /were working on. He would like to see in the future the Conservation Commission go to 7 members and an alternate. Board Of Selectinen's Meeting January 23, 2013 Page 2 of 7 The Board began the process of voting and, upon completion, passed the ballots to Mr. Moran and Mr. Aptowitz will keep the tally: Mr. Annino voted for Michele White and James Turnbull Mr. Aptowitz voted for James Turnbull and Christopher Marcheselli Mr. Dentin voted for Michele White and Christopher Marcheselli Chairman Kozlowski voted for James Turnbull and Christopher Marcheselli Mr. Moran voted for James Turnbull and Christopher Marcheselli Vote Totals: Michele White — 2 Christopher Marcheselli — 4 James Turnbull — 4 Mr. Christopher Marcheselli and Mr. James Turnbull appointed to the two opening positions of the Conservation Commission. Lee Azinheira, Director of the DPW, followed up on a memo submitted December 3`°, 2012 concerning an outstanding water bill at 360 Chauncy Street. Mr. Azinheira stated that the property was on a water shut off list, per the property owner, Mr. Karl Clemmey. After the request was made, Mr. Azinheira became aware of a legal dispute between the property owner, Mr. Clemmey, and the tenant. The Water Operations Manager asked Mr. Azinheira if, due to the dispute, the property at 360 Chauncy Street should be taken off the water shut off list? Mi•. Azinheira made the decision to NOT shut off the water at 360 Chauncy Street due to the fact that he did not want to put the Town in the middle of the legal dispute between Mr. Clemmey and his tenant. As a result of that decision, the tenant continued using water rather excessively, which amounted to a much higher water bill. Mr. Azinheira would like to see his recommendation from the December 3rd memo, which is to waive a portion of the additional cost incurred, taken into consideration. Mr. Clemmey has offered to pay in the amount of $1,700.00, which dates back a few years now. Mr. Ross would like to add that in meeting with Mr. Cleni ney and Mr. Azinheira concerning this subject he fully agrees that Mr. Azinheira recommendation is a sound one. Chairman Kozlowski asked the Board for comments. Mr. Aptowitz asked for the amount owed at the time of Mr. Clemmey's request to put the property at 360 Chauncy Street on the water shut off list? Mr. Azinheira stated that there is an overage of more than $1,000.00 from the time the property was initially put on the water shut off list. Mr. Aptowitz again asked how much was owed at the time of Mr. Clemmey's initial request, to which Mr. Azinheira replied approximately $1,400.00. Mr. Aptowitz requested a summary of the back story for the people to hear. Mr. Bill Clemmey, speaking for his father, Karl Clemmey, brought the Board and public up to date on the history of this issue. Board Of selectmen's Meeting January 23, 2013 Page 3 of 7 The concern is now who is responsible for the incurred cost? Mr. Clemmey is willing to pay the cost of the water bill prior to his request that the property be put on the water shut off list. He asked that the Board follow Mr. Azirrheira's recommendation. Mr. Annino is concerned that the Town is responsible for this and asks for the amount of the total bill. The principle on the bill is approximately $3,600 (with the water shut off fee, the lien and interest). Mr. Annino objects with this "let's make a deal" policy. He doesn't like the bargaining and would like to collect what is owed to the Town. A discussion ensued between Mr. Dentino, Chairman Kozlowski and Mr. Annino as to the Town's legality in collecting the bill and who actually is on the hook for the bill. Mr. Dentino's summary is that the property owner asked for the water to be shut off and the Town made the decision to pull it from the list due to extenuating circumstances (legal issue and children residing at the premises), therefore it is not the owner's responsibility. Mr. Moran understands the circumstances and wants assurances that there are now practices in place if this were ever to happen again. Mr. Azinheira explained that there are new practices and that if a property owner, who has a rental property, requests for the water to be shut off, the water will be shut off. He adds that the proper notices will be sent out informing of the shut off. Mr. Dentino cannot understand that if a property owner requests their water to be shut off, how the Town cannot comply with that request. Mr. Moran explained that there is a need to use reasonableness in these situations. It is an unusual situation and he is pleased that there are now new practices in place to close any loopholes. Chairman Kozlowski asked for further discussion. There being no further discussion lie asks for a motion. Motion: Mr. Dentino motioned to accept Mr. Azinheira and Mr. Ross' recommendation to accept Mr. Clenmrey's payment at the time of initial request of water to be shut off of $1,700.00. Mr. Moran seconds the motion and Mr. Aptowitz accepts. PASSES 3:2 with Mr. Armin and Chairman Kozlowski voting no. A. Review /Approval of January 90', 2013 Minutes Mr. Moran (Anino /Aptowitz), no discussion, PASSES: 5 B. Approval of Warrants Town Vendor Warrant No. 13030T $311,395.33 Motion: To approve Town Vendor Warrant 13030T $311,395.33 (Annino /Aptowitz) 5:0 Passes Electric Department Vendor Warrant No. 13030E $130,226.27 Motion: To approve Electric Department Warrant No. 13030E $130,226.27 (Annino /Aptowitz) PASSES 5:0 Board Of Selectmen's Meeting January 23, 2013 Page 4 of 7 School Department Vendor Warrant No. 130305 $303,608.50 Motion: To approve School Department Vendor Warrant No. 13030S (Annino /Aptowitz) PASSES 5:0 Town Payroll Warrant No. 1303PT $268,785.71 Motion: To approve Town Payroll Warrant No. 1303PT (Annino /Aptowitz) PASSES 4:1 (Dentino: nay) Town Payroll Deduction Vendor Warrant No. 13030TV $82,012.62 Motion: To approve Town Payroll Warrant No. 13030TV (Annino /Aptowitz) PASSES 5:0 C. Licenses and Permits 2013 Drainlayer's License — G. Lopes Construction, Inc. Motion: To approve Drainlayers License — G. Lopes Construction, Inc. (Aptowitz/Dentino) PASSES 5:0 D. Correspondence Email from Lou Andrews, President, Natural Resources Trust of Mansfield, Inc. Regarding Honoring Phil Finer's 25 Year's of Service to the Airport Commission and Paul Boyden's Retirement from the Conservation Commission Reading of Proclamation for Recognition of 25 Years of Service Phil Finer Motion to Execute the Proposed Proclamation for Mr. Finer (Aptowitz/ Amrino) PASSES 5:0 Reading of Proclamation for Retirement of Paul Boyden Motion to Execute the Proposed Proclamation for Mr. Boyden (Moran/Dentino) PASSES 5:0 Please ensure Gold Seal and Town Stamp are placed upon certificates and there will be a small token of appreciation. E. Letter from Assistant Attorney General Concerning Sun Chronicle Open Meeting Law Violation Claim Mr. Moran summarizes the letter as stating that there was no fault found and issue is closed. Chairman Kozlowski would like to recognize Michele White for her years of service on the Conservation Commission, Mr. Ross will have a proclamation at the next meeting. need for sanitary sewer. Research was done and sewer available or can be easily extended. Mr. R found that virtually all of Copeland Drive has oss believes that this is just a misunderstanding and the Planning Board will be notified. No further action needed. Mr. Ross, John Stanbrook, Brenda Hodges, Ed Vozzella and Chairman Kozlowski participated in a conference call with the Lieutenant Governor related to the Governor's proposals in the Budget regarding Chapter 70 and Unrestricted Local Aid. Based on assumptions used presented earlier this month, for Chapter 70 we assumed revenue would be $17,700,000.00. The Governor's Board Of selectmen's Meeting January 23, 2013 Page 5 of 7 Budget would provide $18,654,00.00. For Unrestricted Local Aid the Town assumed $1,849,000.00 and the Governor's Budget would provide $1,968,000.00. However, the caveats of this are that the Governor's Budget is based on the assumption that ALL of the tax increases will be passed by the legislature. The Town's attitude at this point is to stay with our moderate assumptions and wait to see what legislature does. Mr. Dentino questioned when we will be re- visiting the Montessori School issue. Mr. Ross explained that with Mr. Dentino being gone for the next two weeks, we will work to put them on the Agenda for the following meeting, which will be February 131". Mr. Ross assured that all information will be forwarded to Mr. Dentino while he is out. Mr. Annino had no Questions and Continents Mr. Moran apologized for missing last week's meeting due to illness. He expressed the need to develop our industrial cluster, where he feels government has an important role in intervention. Chairman Kozlowski would like a follow up with Mr. Burke to see where the Planning Board stands on the industrial park changes. Mr. Moran feels we need to have additional revenues to fill the gap of the Budget so that there is no need to have to make decisions on the services side. Mr. Aptowitz questioned the process of finding the Police Chief replacement. Mr. Aptowitz is getting questions from residents concerning salary. Mr. Ross explained that the chief draws a salary with no stipend or compensation from the Comcast Center. A payment is made for public safety which goes into the General Fund as a General Fund Receipt. Mr. Aptowitz is putting on the table a request to look at town vehicles. Mr. Ross is constantly looking into how to save money in this area. Mr. Dentino questioned the influx of SUVs he is seeing, particularly in the police department. Mr. Ross explained the use of the Tahoes is proven to be lower in gas mileage and is accommodating in size. Mr. Aptowitz reported on meeting with the Audit Committee. Mr. Ross feels that significant progress has been made but we are not yet where we need to be. There will be a meeting with SoftRite tomorrow, January 24"', 2013 concerning the utility billing process. Mr. Ross is concerned that the numbers going into this project four years ago may not have been accurate and this is why we are seeing discrepancies. Mr. Aptowitz suggested to Chairman Kozlowski that a member of the BOS prepare Mr. Ross's performance evaluation. Chairman Kozlowski noted that there will be two missing Board members next week. He is inviting the remaining members to meet with the Chairs of the Departments. Meeting will post for 5:30pm for January 30 "i, 2013. Tri -Town Chamber meeting will be held tomorrow, January 24t11, 2013. Mr. Ross and Chairman Kozlowski will be attending. Board Of Selectmen's Meeting January 23, 2013 Page 6 of 7 Representative Barrows will be filing two bills on the Chairman's behalf under new legislation. State has overhauled the Children in Need of Services Law. Prior to Comcast Center season opening the Town needs assurances that we are operating in accordance with the law. Mr. Ross has completed his first 3 years of service and appreciates working with the Board and the Town of Mansfield and he welcomed working with the Board and its future members in moving the community forward. Move to reappoint Joe Flynn to the Library Board of Trustees Motion to Reappoint Joe Flynn to the Library Board of Trustees (Moran/Dentino) PASSES 5:0 Mr. Ross thanked the Board as the Library Commission will have a huge undertaking with the upcoming Library Director's retirement and finding a replacement. tea- Motion to adjourn at 9:53 pm (Aptowitz/Annino) All in favor. PASSES Signature of Clerk /Tracey Whalen Board Of Selectmen's Meeting January 23, 2013 Page 7 of 7 Date of Approval