HomeMy WebLinkAboutBOS MINUTES 3-13-13Board of Selectmen Minutes
March 13, 2013
Present: Olivier Kozlowski, Chairman; George Dentino, Vice - Chairman; Kevin Moran, Clerk; Jess Aptowitz,
Doug Armin, William Ross, Town Manager
Chairman Kozlowski called the meeting to order and stated that the meeting
live on
Mr. Lopes, in attendance, presented a PROPOSED budget for the Southeastern Regional School District. District
wide there is an increase in enrollment of 1.7% percent with Mansfield having the biggest increase in the district
of 14.8 %. Mr. Lopes reviewed the Recommended Budget Summary. Mr. Lopes reported that according to State
law the required spending for Southeastern is $20,816,397 and he is asking for an additional $200,000 to come out
of the E &D Account, which does not affect Mansfield's assessment. Mr. Lopes noted that concerning
transportation of students, the school cannot charge a fee because they are a regional school and that the State is
supposed to re- imburse 100% of costs. Currently the State is contributing about 50 %.
As part of an energy savings project the school reduced their water consumption from 15,000 gallons per day to
under 6 gallons per day, funded through a energy performance contract. After three years this must be shown
outside of the operating budget. This saved the school from a $5 million on a water treatment plant.
Mr. Lopes also reported $40,500 under a new law, Chapter 40, Section 13D, which is a future liabilities for
employees at retirement. It is a limited by back.
The budget is a 2.74% increase over last year's. For Mansfield, this means an increase of $69,498.
Mr. Dentino was intrigued by the statement of limited buy backs and asked how they are accomplished. Mr.
Lopes reported that the school did two things: 1) School Committee set a policy that cannot carry over unused
vacation days and comp days must be used in the year they are accrued and 2) sick day buy back set at 165 days,
in the District for more than 20 years, receive 15% of average over the last three years. Mr. Dentino complimented
Mr. Lopes on the Budget and gave credit to Mr. Flannery an integral part of Southeastern.
Mr. Annino thought the Budget looked good and questioned how the solar project is going. Mr. Lopes reported
the new roof, costing $980,000 and is in the process of being installed. The school was able to lease out the roof
to PC company for an upfront fee of $980,000 and they will install their PV panels and the school will by back
their energy at 40 % -50% less of what it cost now and produce about 70% of their own electricity. Mr. Annino
commended them for thinking outside of the box.
Mr. Moran felt the Budget was straight forward and the increase is primarily enrollment driven.
Mr. Aptowitz asked about staff levels given the 2.74% enrollment increase? Mr. Lopes reported there was no
change in the staffing requirements and all are highly qualified.
Chairman Kozlowski again thanked Mr. Lopes for his presentation.
Board Of Selectmen's Meeting March 13, 2013
Page 1 of 7
Town Manager, Bill Ross reported that the State has a program where they will assist local school districts with
energy efficiency and other programs and pay a portion of the cost. Mr. Ross spoke to the school administration,
Ed Vozzella, about filing an application with the State. Mr. Ross wasn't sure of the actual percentage the State
would pay but felt that it was worth it to complete the paperwork and see what happens. The State requirements
are that the schools file a preliminary application or notice of intent. Because the buildings belong to the Town the
State requires the application goes through school committee and on to the Board of Selectmen. Upon approval
by the Board of Selectmen the application is to be executed by the chief executive of the Town, Mr. Ross. Mr.
Ross believed this is a great way to save the taxpayers some money, short time in preparation and effort and there
is a chance for a partial refund. By State guidelines the application needs to be submitted by April lst. The School
Committee will approve this on March 26th and Mr. Ross advised the Board that it should approve contingent
upon the school committee approval.
Motion: Approve the resolution pending the School Committee's acceptance of the resolution at their meeting
(Moran/Annino)
Mr. Dentino asked if there were any energy savings with the windows? Mr. Ross stated he could only report that
on the windows already completed that the students are much more comfortable. Mr. Annino asked if, Mr. Ross
could follow up on the purchase of the windows already installed to see if there were any energy savings attached.
Motion: Approve the resolution pending the School Committee's acceptance of the resolution at their meeting
(Moran/Annino) PASSES 5:0
This was a concern brought to Mr. Ross' attention from Mr. Karl Clemmey and Mr. Bill Clemmey, in attendance.
Mr. Ross noted that all copies of correspondence received have been forwarded to the Board for review. Mr. Bill
Clemmey asked if there were any new developments since their last correspondence. Mr. Ross reported that
initially he thought the fee was high but after an analysis was done felt the Town is not that out of line on the
original fee but perhaps the Town can review the renewal.
Mr. Bill Clemmey noted for commercial parking lots in the Town, which there is 5, there is a license application
fee of $50 and a $6 per space charged annually. Mr. Clemmey noted the same question is still being asked year
later concerning why there is a $6 per space charge. When initially opening a lot there are required inspections by
the Town which would be covered by the charge for $6 per space, but what is the purpose of the $6 fee per space
going forward. According to the Attorney General's office the Town can have a fee for the license, which is
reasonable and covers the administrative fees for the license and Mr. Clemmey noted that on an initial license that
makes sense but this is a recurring fee that he does not understand or find reasonable. Currently, Mr. Clemmey is
paying $4,000 per year towards these fees. Mr. Clemmey asked what the purpose of the $6 fee is and the
possibility to review and consider removing the fee. He asked that if the Board reviews all of the Town's fees this
fee is out of proportion.
Mr. Aptowitz stated he is more comfortable with the discussion knowing the gross cost of the lot at the train
station. Mr. Clemmey stated that his lot at the train station has 175 spaces and the other lot has 172 spaces (not
owned by Mr. Clemmey). 175 spaces($6) is $1,050 and an additional $50 for license for $1,100 a year. He noted
the lot at the Comcast Center has 581 spaces($6) for $3,486 and additional $50 for license for $3,536 a year.
Mr. Clemmey went on to add that on top of those fees paid per year, he is also paying $6,940 towards contribution
of the police detail office outside of the train station (a 4 hour shift beginning at 4:O0p.m.). When this fee was first
Board Of Selectmen's Meeting March 13, 2013
Page 2 of 7
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Town Manager, Bill Ross reported that the State has a program where they will assist local school districts with
energy efficiency and other programs and pay a portion of the cost. Mr. Ross spoke to the school administration,
Ed Vozzella, about filing an application with the State. Mr. Ross wasn't sure of the actual percentage the State
would pay but felt that it was worth it to complete the paperwork and see what happens. The State requirements
are that the schools file a preliminary application or notice of intent. Because the buildings belong to the Town the
State requires the application goes through school committee and on to the Board of Selectmen. Upon approval
by the Board of Selectmen the application is to be executed by the chief executive of the Town, Mr. Ross. Mr.
Ross believed this is a great way to save the taxpayers some money, short time in preparation and effort and there
is a chance for a partial refund. By State guidelines the application needs to be submitted by April lst. The School
Committee will approve this on March 26th and Mr. Ross advised the Board that it should approve contingent
upon the school committee approval.
Motion: Approve the resolution pending the School Committee's acceptance of the resolution at their meeting
(Moran/Annino)
Mr. Dentino asked if there were any energy savings with the windows? Mr. Ross stated he could only report that
on the windows already completed that the students are much more comfortable. Mr. Annino asked if, Mr. Ross
could follow up on the purchase of the windows already installed to see if there were any energy savings attached.
Motion: Approve the resolution pending the School Committee's acceptance of the resolution at their meeting
(Moran/Annino) PASSES 5:0
This was a concern brought to Mr. Ross' attention from Mr. Karl Clemmey and Mr. Bill Clemmey, in attendance.
Mr. Ross noted that all copies of correspondence received have been forwarded to the Board for review. Mr. Bill
Clemmey asked if there were any new developments since their last correspondence. Mr. Ross reported that
initially he thought the fee was high but after an analysis was done felt the Town is not that out of line on the
original fee but perhaps the Town can review the renewal.
Mr. Bill Clemmey noted for commercial parking lots in the Town, which there is 5, there is a license application
fee of $50 and a $6 per space charged annually. Mr. Clemmey noted the same question is still being asked year
later concerning why there is a $6 per space charge. When initially opening a lot there are required inspections by
the Town which would be covered by the charge for $6 per space, but what is the purpose of the $6 fee per space
going forward. According to the Attorney General's office the Town can have a fee for the license, which is
reasonable and covers the administrative fees for the license and Mr. Clemmey noted that on an initial license that
makes sense but this is a recurring fee that he does not understand or find reasonable. Currently, Mr. Clemmey is
paying $4,000 per year towards these fees. Mr. Clemmey asked what the purpose of the $6 fee is and the
possibility to review and consider removing the fee. He asked that if the Board reviews all of the Town's fees this
fee is out of proportion.
Mr. Aptowitz stated he is more comfortable with the discussion knowing the gross cost of the lot at the train
station. Mr. Clemmey stated that his lot at the train station has 175 spaces and the other lot has 172 spaces (not
owned by Mr. Clemmey). 175 spaces($6) is $1,050 and an additional $50 for license for $1,100 a year. He noted
the lot at the Comcast Center has 581 spaces($6) for $3,486 and additional $50 for license for $3,536 a year.
Mr. Clemmey went on to add that on top of those fees paid per year, he is also paying $6,940 towards contribution
of the police detail office outside of the train station (a 4 hour shift beginning at 4:O0p.m.). When this fee was first
Board Of Selectmen's Meeting March 13, 2013
Page 2 of 7
assessed it was only a few details a week and was covered by officers on shift but through time the Town felt there
was a need for public safety and now the shift is every day for 4 hours. The bill per year for the detail officer is
$43,000 a year, where the Town's Enterprise Account picks up $29,000 of that bill and the other two lots pick up
$14,000 or $7,000 a piece per year.
Mr. Bill Clemmey made twelve phone calls concerning traffic officers at Train Stations between Providence and
Boston (Attleboro, South Attleboro, Canton, Canton Junction, Sharon, Stoughton, Hyde Park, Ruggles, Back
Bay) Mansfield has the only traffic detail officer located at the train station. Mr. Aptowitz noted that the Town's
train system has the highest ridership. Mr. Clemmey reported that there is a 4 hour shift covered (mandatory
minimum by the State) with a total of 7 trains in that time and by his estimate a total of 15 minutes to empty out
the lots for a total of 105 minutes but is there for a total of 240 minutes. Mr. Clemmey stated the reality is he is
paying 16% of the detail fee. Chairman Kozlowski noted that if there were no train station there would be no need
for the parking lots and Mr. Clemmey felt it was a fair statement. Mr. Ross felt the Town has a unique situation
given the access to Route 95.
Mr. Clemmey stated he is not questioning the traffic detail but the allocation of payment towards that detail and
for the Board and Town Manager to consider the reality of the cost associated between licensing and contribution
to the traffic detail. Mr. Karl Clemmey noted that when the Board chose to decrease the fee from $4 to $2 the
Clemmey's had to decrease their fee from $80 to $50 in order to keep customers costing them $15,000 - $20,000 in
revenue. Mr. Karl Clemmey noted also that the Town picked up an additional 69 cars which are parked on a right
of way, Allen Street, which leads to his property. The Clemmeys' displayed maps outlining this street and stated
that by having the cars parked there it is blocking access to his property.
Chairman Kozlowski stated that the Board voted to remove the Mansfield resident $2 spaces from his lot. The
Clemmeys' appreciated that but customers were still lost to move to the designated $2 spaces. The Chairman
asked if Allen Street is a public way and in fact it is. The Clemmeys' are stating that the Town is using the road to
park cars on. Mr. Bill Clemmey is stated he is informing the Board of this situation.
Mr. Bill Clemmey noted that the enterprise account for 2011 had a balance of $285,000 with private entities
picking up the tab on details and licensing fees.
Mr. Aptowitz asked what Mr. Bill Clemmey suggests to which Mr. Karl Clemmey responded that the Board
should review the 40 foot road before any type of decision can be made. Mr. Ross felt this is a question for Town
Counsel, Mr. Karl Clemmey said that when the Cleveland Twist wanted to expand they went to Town Meeting
and swapped with the Clemmeys' to build that road around. There are documents at the Registry of Deeds. Mr.
Karl Clemmey stated that he can open the whole road up or come to some type of agreement concerning the fees.
Mr. Aptowitz reported that the account was established to revamp the Town's infrastructure and believed the
money is needed to better the parking facilities and cover costs. Mr. Aptowitz stated that there is the fee issue and
detail issue and he does not have a problem reviewing this for next year given the renewal process is happening
now but takes issue with doing it this year. Mr. Karl Clemmey stated he is there to negotiate a new deal and if that
is not up for discussion he can just close the lot.
Mr•. Moran noted that the Allen Street needs to be addressed immediately. Mr. Moran's only issue is with the
details. The argument can be extended to any detail in Town. Mr. Moran looks at what event necessitates the
detail and in this case it is the train. Mr. Bill Clemmey stated they are only asking what percentage /portion the
consideration for cost of the detail, not eliminated, just review and consider lowering. Mr. Ross noted we can
review the cost but he hesitates to lower it.
Board Of Selectmen's Meeting March 13, 2013
Page 3 of 7
Chairman Kozlowski and Mr. Annino stated the fees should be the same for all lots. Mr. Annino agreed that the
process and fees need to be reviewed. Mr. Ross would appreciate Mr. Karl Clemmey forwarding the recorded
deeds.
Mr. Dentino stated it is painfully evident that an initial license would require more hours than a renewal. There
should always be a legitimate cost involved for the Board to look at.
Mr. Aptowitz noted the need to research and formalize a date for this discussion to be brought back again in front
of the Board. The consensus was a three week review, given Town Counsel would need to review the Allen Street
Dlans, which would be the April 3`d meeting.
Banner for Mansfield Youth Soccer for Annual Registration
Motion: To approve the Banner for Mansfield Youth Soccer's Annual Registration (Annino /Aptowitz)
PASSES 5:0
Banner for Mansfield Rotary Club for Annual Rotary Club Auction
Mr. Annino again noted that he would like to see Mansfield more prevelant on future banners.
Motion: To approve the Banner for Mansfield Rotary Club's Annual Auction (Aptowitz/Moran)
PASSES 5:0
Garden Club of Mansfield Annual Plant Sale
Motion: To approve set up on Friday, May 3`d through Saturday, May 18th two 8' by 4' signs on South
Common and North Common (Moran/Aptowitz) PASSES 5:0
Motion: To approve closing Park Row on Saturday, May 18th from 5a.m through 1p.m.
(Moran/Aptowitz) PASSES 5:0
Motion: To approve the use of Town Hall bathrooms from 6a.m through 1p.m, on Saturday, May 18th.
(Moran/ADtowitz) PASSES 5:0
None
A. Review /Approval of Minutes of Meetings
• February 13, 2013 BOS Meeting - Tabled
• February 20, 2013 BOS Meeting
Motion: To approve BOS Minutes from February 20, 2013 (Aptowitz/Dentino), No Discussion,
PASSES: 4:0:1 Moran Abstains
February 27, 2013 BOS Meeting
Motion: To approve BOS Minutes from February 27, 2013 (Dentin /Aptowitz), No Discussion, PASSES
B. Approval of Warrants
Town Vendor Warrant No. 13037T $256,225.42
Motion: To approve Town Vendor Warrant 13037T $256,225.42
(Aptowitz/Annino) 5:0 Passes
Electric Department Vendor Warrant No. 13037E $100,697.86
Motion: To approve Electric Department Warrant No. 13037E $100,697.86
(Aptowitz/Annino) PASSES 5:0
Town Payroll/Town Medicaid Payroll Warrant No. 13037PT $276,810.96
Motion: To approve Town Payroll/Town Medicaid Payroll Warrant No. 13037PT $276,810.96
(Aptowitz/Moran) PASSES 5:0
Board Of Selectmen's Meeting March 13, 2013
Page 4 of 7
Town Deductions - Vendor Payroll Warrant No. 13037TV $83,347.21
Motion: To approve Town Payroll Warrant No. 13037TV $83,347.21
(Aptowitz/Amrino) PASSES 5:0
School Payroll /School Medicaid Payroll Warrant No. 13037PS $1,434,659.78
Motion: To approve School Payroll/School Medicaid Payroll Warrant No. 13037PS $1,434,659.78
(Aptowitz/Moran) PASSES 4:1 Annino NAY
School Deductions — Vendor Payroll Warrant No. 13O37SV $479,865.80
Motion: To approve School Deductions —Vendor Payroll Warrant No. 13O37SV $479,865.80
(Aptowitz/Annino) PASSES 5:0
C. Licenses and Permits
2013 Mansfield Youth Baseball Parade, Saturday, April 20
Motion: To approve 2013 Mansfield Youth Baseball Parade on Saturday, April 2O
(Aptowitz/Annino) PASSES 5:0
D. Correspondence
• Letter from Kevin Caldwell, 8 Eddy Street, requesting amending parking regulations banning overnight
parking on Eddy Street and intersection of Branch Street
Mr. Caldwell, who is present, is asking to ban overnight public parking on Eddy Street and Branch Street
intersection, given that with police intervention there are continuous disturbances on a weekly basis. He
felt the police force has been very responsive but there is only so much they can do. He is asking for the
Board's help.
The Chairman noted a response from the Chief of Police, which Mr. Moran read and is part of the file,
where the Chief does not support an overnight ban. Ivlr. Dentine is not sure what can be done legally. He
suggested placing signs on the boundaries of the property. Mr. Caldwell is looking for a more permanent
solution. The Chairman asked if there are options concerning one particular house that is causing the
disturbances? Mr. Ross asked if it is the house and guests itself or the cars parking on the street because if
it is the guests within the house the police could have a better handle. Mr. Caldwell said it is both. Mr.
Aptowitz noted suggesting patrols in the area during specific times. Mr. Caldwell spoke to Lieutenant
Thompson about increased patrols and Mr. Caldwell noted he has seen them and has seen them issue
tickets. Mr. Moran asked that we give the increased police patrols the chance to work due to the fact that
spot regulations do not work. If that does not work the Town will need to escalate to the where the people
making the disturbances are coming from. Mr. Dentino stated to make sure Mr. Caldwell continues to
contact the police. Mr. Ross will speak with the Police Chief and Mr. Amiino asked for a report from Mr.
Ross in one month. Mr. Ross will also look into what can be done IF the increased police detail doesn't
work.
Letter from the American Cancer Society Relay for Life for sign placement on the South Common
Motion: To approve the placement of a sign on the South Common for the American Cancer Society's
Relay for Life (Aptowitz/Annino) Mr. Annino noted there are numerous requests for free standing
signs on the Commons and would like a gatekeeper for controlling /scheduling. Mr. Ross will spear Tread.
Mr. Dentin stated there needs to be monitoring of signs on telephone poles to which Mr. Ross stated the
Town is on top of it and take down as fast as they are put up.
Motion: To approve the placement of a sign on the South Common for the American Cancer Society's
Relav for Life (Aptowitz/Annino) PASSES 5:0
Mr. Ross reported that it appears that the solar project will not happen due to a drop in value of the federal tax
credit form.
Board Of Selectmen's Meeting March 13, 2013
Page 5 of 7
Mr•. Ross sent an email to Gary Babin concerning the number of streets lights that are out. As a response the Town
will reduce the payment until all the lights are back on. Mr. Ross noted the struggle is with the 106 underpass,
which needs wiring pulled and due to ice there it currently cannot be completed.
The Strategic Planning committee met earlier this week and suggested completing an Executive Summary for
Town Meeting with a summary of Articles. This would need to be out to the public before Town Meeting through
the Town website and Facebook, especially this year with 61 Articles. Walter Wilke was chosen as the chair and
reported to Mr. Ross that he spoke to Dr. Mullin, consultant who developed the Strategic Plan, concerning
meetings and summaries, where Dr. Mullin asked to be a part of the process.
Mr. Ross stated that the Finance Committee approved deficit spending on snow removal. It is estimated that the
Town is $350,000 — $400,000 in the hole, working to accommodate in budgeting process.
There will be a memo in the next few days, concerning the budget. Mr. Ross is working through the budget with
Brenda Hodges, Ed Vozzella and John Stanbrook. Mr. Ross stated the Town is 45 — 60 days ahead of previous
years in the process. The Committee has suggested a "public forum" with the School, Finance and Strategic
Committees meeting with the Board prior to Town Meeting.
There is a major employer in the Town that would like to donate a new table and chairs and filing system. Mr.
Ross will publicly acknowledge once that happens and credits Mike Ahern for all his work.
Mr. Ross will check on the Allen Way situation brought up earlier by Mr. Clemmey regarding the parking lot fees.
Mr. Aptowtiz noted that Mr. Ross announced the new Police Chief and Mr. Aptowitz congratulated Ron Sellon as
well as the other candidates. He noted Mr. Ross did a lot of work on this and thanked him.
Mr. Aptowitz congratulated the high school hockey and basketball teams for their great success. The success
comes from players, coaches, cheerleaders, student body and parents.
Mr. Aptowitz reported that the Audit is complete, an email was sent with final documents and noted that Jason
Porter will be invited to present on March 27tH
Mr. Aptowitz attended an event at St. Mary's over the weekend and was so impressed with the Town's public
safety officials who responded to a call.
Mi. Moran also congratulated Ron Sellon on his appointment to Police Chief. Mr. Moran would like to schedule
a date for the sub - committee. Mr. Ross suggested the end of April where all documents will be in hand. Mr. Ross
noted everyone has bought into that the Town is in this together and special note to John Stanbrook who has taken
the whole process to heart.
Mr. Aptowitz noted the Highway Department building is in need of an overhaul. He wanted to state publicly that
something needs to be done.
Mr. Dentino saw the work that went into the renewal license for the parking lots. In looking at the memo from a
staff member and the amount of resources dedicated to this he felt it went overboard and is unreasonable. Mr.
Ross agreed and would have it re- worked and that is why there is no recommendation from him at this time.
Board Of Selectmen's Meeting March 13, 2013
Page 6 of 7
Mr: Annino asked for an updated Municipal Building Committee project list and status. Mr. Ross reported the
well projects are complete and initial work on highway garage finished. Mr. Ross will ask Mr. Azinheira for a
report or list of projects and where they stand.
Chairman Kozlowski congratulated Police Chief appointee Ron Sellon and all the candidates. He also
congratulated the basketball and hockey teams.
The Chairman noted the Town Manager evaluation form went out to the Board.
Chairman Kozlowski was asked about snow removal on sidewalks. The Chairman confirmed with Lee Azinheira,
DPW, that there is no mandatory clearance of sidewalks in the by law and that would be something that would
have to change through Town Meeting.
.-.s_
Motion • adjourn at 9:16pin (Kozlowski/Aptowitz) All in favor. PASSES
liL -.
Signature of Clerk
/Tracey Whalen
Board Of Selectmen's Meeting March 13, 2013
Page 7 of 7
Date of Approval