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HomeMy WebLinkAboutBOS MINUTES 4-24-13Board of Selectmen Minutes April 24, 2013 Present: Olivier Kozlowski, Chairman; George Dentin, Vice - Chairman, Jess ;Apt gwitz Toug Almino, Nick Riccio, Acting Town Manager F h� Absent: Kevin Moran, Clerk: 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 viewindj' are two to Ambulance Trust Fund, Robin Sarro and Ken Parsons, and there are two spots to fill. Fire Chief Neal Boldrighini was in attendance. Ms. Sarro, who owns Dubb's Liquors in Mansfield, noted that her father had been a part of the Ambulance Trust Fund since its inception and she would like to continue that tradition. Mr. Parsons noted that lie too has been involved with the Ambulance Trust Fund since its beginning. Mr. Aptowitz noted that both Mr. Parsons and Mr. Sarro (Robin's father) were instrumental in purchasing the first ambulance in Mansfield. Mr. Aptowitz was happy to see the two stepping up to assist the Town and noted the importance of this Fund and its purchasing to ensure proper stocking of equipment for the Fire Department's ambulances. Mr. Annino stated that there are two outstanding members from the community who contribute a lot to the Town and he was happy to see them seeking reappointment. Chairman Kozlowski thanked both Ms. Sarro and Mr. Parsons. Chairman Kozlowski noted that the Board and the Town Manager each have an appointment. Mr. Riccio stated that Mr. Ross will appoint Ms. Sarro and asked that the Board look favorably on Mr. Parsons' application. Motion: To appoint Ken Parsons as the Board's representative of Trustee to the Ambulance Trust Fund (Aptowitz/Annino ) PASSES 3:0 � u ubl Hg ran on�fh� hea�i4 of�LI��K , ��` oInc'��/� %a�yofo,Tapanes�sSteak oaf e fa Change anQl �� s 3rnecfprs Bit- 9W m o_.gingLinounghuen�Xmg�� a d Xiu Hui Lrn Mr. Aptowitz read the Public Notice into record. Motion: To open the public hearing on the application of LR Kyoto, Inc. (Aptowitz/Annino) PASSES 4:0 Andrea Kor, Counsel, is present representing LR Kyoto. Ms. Kor gave a brief summary of the transaction taking place where Younghua Ren would be selling his interest in the establishment to Long Xing Lin, who will remain, and Xiu Hui Lin who would become a new officer /director and managaer. Mr. Aptowitz noted that Kyoto Japanese Steak House came before the Board in December and asked how this transaction differs from that. Ms. Kor noted that there was a shareholder conflict and due to that conflict the establishment would be adding Xiu Hui Lin as officer /director and also as manager. The Chairman inquired if Long Xing Lin would still be part of the operation to which Ms. Kor responded yes. Mr. Annino asked if Ms. Lin has ever been a manager before to which she gave a summary of her managerial experience. Mr. Annino noted that the Town takes serving alcohol very seriously. Mr. Dentin reminded Ms. Lin that she has a very responsible position and probably the most important position. Board Of Selectmen's Meeting April 24, 2013 Page 1 of 7 Chairman Kozlowski noted there were no comments from the public. Motion: To close the public hearing on the application of LR Kyoto, Inc. d /b /a Kyoto Japanese Steak House (Aptowitz/Dentino) PASSES 4:0 Motion: To approve the application for Change in Officer /Director and Stockholders (Aptowitz/Dentino) PASSES 4:0 Motion: To approve the application for Transfer of Stock from Long Xing Lin and Youngua Ren to Long Xing Lin and Xiu Hui Lin (Aptowitz/Dentino) Motion: To approve the application for Change of Manager from Youngua Ren to Xiu Hui Lin (ADtowitz/Annino) PASSES 4:0 Mr. James Ragazzo and Mr. Richard LeBlanc appeared before the Board for consideration of the one opening on the Planning Board. Both gentlemen introduced themselves and gave a background on why they applied and the skill set they could bring to the Planning Board. Mr. Dentino began by asking each applicant why they applied for the opening. Mr. Ragazzo noted that he was previously on the Planning Board for two years but due to health issues, had to resign, but is happy to say those issues are no longer relevant. He would like to continue to serve the community on the Planning Board and felt he has the experience to do that. Mr. LeBlanc stated he would like the opportunity to serve on this board and felt his experience in physical planning and his background in architecture are an asset. At this time, with his family growing older, he is able to fill a missed opportunity of serving his conummity. Mr. Annino thanked both gentlemen for appearing before the Board and appreciated their volunteerism. Mr. Annino wanted assurances from both gentlemen that they can devote time to the Board and assist in managing the growth of Mansfield. Mr. LeBlanc stated that various backgrounds lend to having different perspectives on a Board. He felt that his experience at the medical school has afforded him three areas of expertise that he can bring to the table: GIS, information systems /construction management and physical planning opportunities such EMS or simply finding a person a desk. Mr. Armin asked Mr. Raggazo if this was the best Board for his talents? Mr. Annino felt that with more and more people applying, and well qualified at that, he wanted to be sure Mr. Raggazo's talents were not wasted. Mr. Aptowitzjumped in to say that both candidates have excellent backgrounds. He noted to Mr. Ragazzo that the Chairman to the Audit Committee, Jason Porter, announced at a previous meeting that he would be stepping down from his position. Mr. Aptowitz felt that with Mr. Ragazzo's background (internal audit) he would be well- suited for that position on the Audit Committee. Mr. Aptowitz would like Mr. Ragazzo to really consider that position. Chairman Kozlowski thought both candidates were well qualified and thanked them for applying for the position. Mr. Ragazzo stated he has done hundreds of hours of service on various boards and capacities in and out of Town. He felt that what is important is his willingness to serve. He stated he was willing to apply for the position on the Audit Committee as soon as it is vacated by Mr. Porter if that is what the Board felt would be best. Chairman Kozlowski stated that the Board will need to investigate the terns before and ensure the vacancy before they can appoint Mr. Raggazzo. Mr. Aptowitz gave Mr. Raggazzo specifics on the Board. Motion: To appoint Richard LeBlanc to the position on the Planning Board vacated by Anthony Jodice (Annino / Aptowitz) PASSES 4:0 Board Of Selectmen's Meeting April 24, 2013 Page 2 of 7 Chairman Kozlowski stated that the interview for Mr. Raggazzo will be considered completed and the Board can vote at the time the seat is vacated by Mr. Porter to appoint Mr. Raggazzo to the position on the Audit Committee. Mr. Raggazzo does not need to be present at the time of the Mr. Ed Rosenberg and Ms. Julie Dermoss from the Mansfield Lodge of Elks are present before the Board. Chairman Kozlowski asked Mr. Riccio what he had concerning the request. Mr. Riccio stated the request is to conduct their annual carnival, which the Elks have done in previous years. The Elks are looking for both an Entertainment License as well as a Sunday License. Mr. Rosenberg stated the Farnelli Brothers will be handling the carnival and there have never been any issues. Mr. Riccio stated that the Elks are also looking for a permit for a firework display. Chief Boldrighini noted that the Elks have already filed an application with his department for fireworks and noted that it is through a reputable company, American Thunder. Both the police and fire departments have no issues with these permits. Mr. Aptowitz inquired if the patrons pay an admission fee to which Mr. Rosenberg stated the only charge is for tickets. Mr. Annino noted this is an annual tradition. Mr. Dentino was very comfortable with the Farnelli Brothers and felt they were extremely experienced and reputable. Mr. Rosenberg noted that the State inspects the carnival at each and every location. Motion: To grant the Entertainment License for May 2nd through May 5d' for the Mansfield Elks Annual Carnival at the Comcast Center (Aptowftz/Annino) PASSES 4:0 Motion: To grant the Sunday Entertainment License for the Mansfield Elks Annual Carnival at the Comcast Center (Aptowitz/Anmino) PASSES 4:0 Motion: To waive the Town Municipal fee (Aptowitz/Annino) PASSES 4:0 Bruce Montgomery, General Manager for the Live Nation Worldwide, Inc. is present. Chairman Kozlowski noted that Mr. Aptowitz reported earlier on a meeting at Sturdy Hospital regarding EMS services and that the Board has been brought up to speed on the most recent changes to the license from that meeting. The Chairman also noted the Town Manager had circulated to the Board the entertainment license for their review. Chairman Kozlowski stated there are a few new details to this year's license. Mr. Dentino inquired if parking was included in the price of the ticket to which Mr. Montgomery stated that yes parking is included in the ticket price for the licensed lot only. Mr. Dentino asked for further details on "performances" in the parking lot. Mr. Montgomery explained that that was one year for the Ozzfest and has not been done again and would have no problem striking that. Chairman Kozlowski noted to Mr. Montgomery that the Antique Car Show was before the Board previously and asked if that event falls outside the scope of the Entertainment License. Mr. Montgomery stated that the Comcast Center does not consider that part of their license as they are not providing anything other than the land. He stated that the payment of rent for the space is conducted through gate collections by the Comcast Center. It is charged per person per car and there is no charge to park. It is not run by the Comcast Center but by the South South Antique Auto Club. Mr. Dentine, felt that if the patrons parked there should be some type of fee. Mr. Aptowitz would like to commend Chief Bolriglrini and his team as well as Lieutenant Seekall, Lieutenant Thompson and Chief Sellon for their tireless efforts. He noted to the public that this is a comprehensive plan that really hones in on making things better on the Police, Fire and EMS Board Of Selectmen's Meeting April 24, 2013 Page 3 of 7 sides. Mr. Aptowitz noted the document is comprehensive and would like to see the patrons /employees safe. Mr. Aptowitz thanked Mr. Montgomery for his efforts and would like to see Comcast succeed. Mr. Dentino also conrrrrended all involved and expressed his thanks on how the process was handled. He was particularly happy with the authoritative presence in the grassy area of the complex. He felt improvements were made at the end of last year and now with the new additions he is very happy. Mr. Aptowitz noted that Chief Sellon had only had a few weeks to grasp and improve this license and has been a key player in drafting this document. He believed that the centralized cormvand center has everyone on the same page and at the end of the day that is what is critical. He ended by saying he is looking forward to seeing this process implemented. Chairman Kozlowski noted there were some issues that delayed the process one being the changing of the guard at the police department. The Chairman stated good job all around. He thanked Mr. Montgomery for stepping up, particularly concerning the solution of a medical doctor at specific events. Motion: To sign the Entertainment License for Live Nation Worldwide Entertainment (Annino /Aptowitz) PASSES 4:0 Mr. Montgomery noted patron safety is their number one priority and felt that the public safety enhancements will only assist patrons to be more comfortable and enjoy the entertaimrrent. ee o ° e '>I ` t � �7t► � iv9 c>Ilth _ nsxd ;<�iQn Q£ The Chairman asked Mr. Riccio to renort on the revised fee for Comtercial Parking Lots. Mt Riccio noted that the Town Manager, Bill Ross, did a comprehensive analysis of the $6 per space fee and $50 renewal fee that commercial lot owners currently pay each year. This was brought to the Board's attention by Mr. Bill Clemmey and Mr. Karl Clemmey at a previous meeting. Mr. Riccio reported that the Town Manager came up with a formula, using the time used by Department Heads and the Executive Secretary (which is laid out in a memo in the Board's packet and made part of the record), noting a renewal is not as time consuming. It is the Town Manager's opinion that the fee be reduced to a flat $200 fee on renewals only. Mr. Riccio noted that for new applications or expansions the $6 per space fee will be instituted. Mr. Annino asked what the result was on the public safety fee. Mr. Riccio reported that there is no change in the charge of the public safety fee. Mr. Annino felt that it is important that everyone pay their fair share and not just put on certain business owners. Motion: To agree with the recommendation of the Town Manager concerning the fee for Commercial Parking Lot Facilities (Annino /Aptowitz) PASSES 4:0 Motion: To approve the Commercial Parking Facility License for Live Nation Worldwide, Inc. (Aptowitz/Annino) PASSES 4:0 Motion: To approve the Commercial Parking Facility License for 888 South Main Street (Aptowitz/Annino)) PASSES 4:0 Motion: To approve the Commercial Parking Facility License for Foundry Street, LLC PASSES (Aptowitz/Annino)4:O Motion: To approve the Commercial Parking Facility License for Rumford, LCC PASSES (Aptowitz/Annino) 4:0 Motion: To approve the Commercial Parking Facility License for 75 Chauncy Board Of Selectmen's Mecting April 24, 2013 Page 4 of 7 Mr. Aptowitz would like to table this discussion due to outstanding tax payments. The Board is in agreement. Mr. Aptowitz brought up the point that the Town does not meet again prior to expiration of the license and if the lot is not licensed what are the Town's choices other than to close the lot until payment is made. Mr. Riccio stated that would have to be carried out through the Parking Enforcement Officer. Mr. Riccio stated that the license could be issued with the condition of payment. Mr. Annino asked what the total amount of the outstanding payment is to which Ms. Whalen reported over $7,000 (first three quarters with the fourth quarter due just after the license expires). Ms. Whalen did reach out to Mr. Ditchman's office on two occasions with no reply. Mr. Aptowitz stated that commuters will be affected if there is no resolution. Mr. Annino noted this is not fair to the other lot owners who pay and that this is not the Town's issue. Mr. Dentino is concerned for the commuters from outside of Town as well as the residents who park there. Mr. Aptowitz is fine with granting a license subject to payment but Mr. Annino is not. Chairman Kozlowski stated if the identified problem is rectified prior to expiration and all that is holding up granting the license is the Board's meeting not happening until after the fact, that is unfair to the commuters. Mr. Annino stated that it is not okay for businesses to wait until the last minute to pay their bills to the Town. Mr. Dentino stated the damage is if the business does not pay but he has no problem with granting the license on the condition of payment. The Chairman asked if interest is included in the late payment to which Ms. Whalen responded yes. Ms. Whalen also reported that the owner has paid their public safety fee on time. Motion: To approve the Commercial Parking Facility License for 75 Chauncy A -C Ditclunan on the condition of payment of outstanding amounts due to the Town (Dentino /Kozlowski) Mr. Aptowitz completely agreed with Mr. Annino but seeing that there are only four members and in the spirit of moving this along 3:1 PASSES Annino NAY Mr. Annino would like to see that after two quarters of non- payment establishments be shut down and would like to have this as a future agenda item. Mr. Riccio also noted that Mr. Ross in his memo did address the Mr. Clemmey's question of the Town using Allen Street as a right of way. None A. Review /Approval of Minutes of Meetings • Board of Selectmen Minutes for April 10, 2013 Motion: To approve the Board of Selectmen Minutes for April 10, 2013 (Annino /Aptowitz) PASSES 4:0 B. Approval of Warrants Town Vendor Warrant No. 13043T $364,122.00 Motion: To approve Town Vendor Warrant 13043T $364,122.00 (Annino /Aptowitz) PASSES 4:0 Electric Department Vendor Warrant No. 13043E $2,497,760.67 Motion: To approve Electric Department Warrant No. 13043E $2,497,760.67 (Annino /Dentino) PASSES 4:0 Town Payroll /Town Medicaid Payroll Warrant No. 13043PT $288,897.72 Motion: To approve Town Payroll /Town Medicaid Payroll Warrant No. 13043PT $288,897.72 (Amiino /Aptowitz) PASSES 3:1 Dentino NAY Town Deductions - Vendor Payroll Warrant No. 13043TV $88,103.01 Motion: To approve Town Payroll Warrant No. 13043TV $88,103.01 (Annino /Aptowitz) PASSES 4:0 School Payroll /School Medicaid Payroll Warrant No. 13043PS $1,430,347.82 Board Of Selectmen's Meeting April 24, 2013 Page 5 of 7 Motion: To approve School Payroll /School Medicaid Payroll Warrant No. 13043PS $1,430,347.82 (Aptowitz/Dentino) PASSES 3:1 Annino NAY School Deductions - Vendor Payroll Warrant No. 13043 S $482,757.96 Motion: To approve School Deductions - Vendor Payroll Warrant No. 13043SV $482,757.96 (Amino /Aptowitz) PASSES 4:0 C. Licenses and Permits • Application for Street Closure for the Downtown Business Associations Family Fun Night, July 9th Motion: To approve application for street closure for the Downtown Business Associations Family Fun Night (Aptowitz/Amiino) PASSES 4:0 D. Correspondence • Invitation from Boy Scouts of America Annawon Council Troop 17 to participate in its 90th Anniversary Celebration June 1, 2012 at the Mansfield South Common Mr. Aptowitz and Chairman Kozlowski noted that they will be in attendance. • Letter from the West Bridgewater Board of Selectmen regarding Target Share, Southeastern Regional High School Mr. Annino asked that the Town send a letter back to the West Bridgewater Board of Selectmen in support. The Chairman would like to delay on that action to which Mr. Annino inquired as to why. The discussion amongst the Board was what in particular is the Board asking. Chairman Kozlowski and Mr. Dentin would like further clarification. Mr. Riccio asked if it would be ok to have the Town Manager reach out to the West Brideewater Board for clarification. All Board members aereed. Mr. Riccio reported to the Board that the flag pole at the North Common has a broken ring at the top which does not allow for the Town to fly a flag. It is believed that the pole has reached the end. Mr. Riccio noted that Mike Ahern and Mark Cook will be meeting with Lee Azinheira to come up with solutions and costs which will be made available to the Board. Mr. Aptowitz stated that the pole will be identical to the pole at the South Common but as far as concrete work that may have to happen down the road. Placement of the pole will be at the new location of the North Common per the plan, which have been discussed at previous meetings. Mr. Aptowtiz noted there was a meeting today at Sturdy Memorial Hospital with Fire Chief Boldrighini, Dr. Kelly, Justin DesRosiers (EMS), Bruce Montgomery and the owner of Events EMS, concerning the details of the EMS Medical Plan for the Comcast Center. It was an extremely positive meeting which Mr. Aptowitz was pleased to see. Mr. Aptowitz noted that the process has come a long way and believed this agreement would make for a safe environment. Mr. Aptowitz stated that although he is sad about the flag pole breaking at the North Common lie is glad that the Town will have a newer, cleaner and more attractive look to the North Common. Chairman Kozlowski noted that there is a Special Primary for US Senate next Tuesday (April 30) and Town Election on May 14"'. The Chairman noted that absentee ballots are available at the Town Clerk's office if anyone feels they may miss voting on those dates. Mr. Aptowitz noted that Easton has withdrawn from the Crossroads Veterans District. It was Easton's decision and there will be a meeting at the Town Hall on Tuesday (April 30th) regarding Board Of Selectmen's Meeting April 24, 2013 Page 6 of 7 this latest surprising decision. The District is still in -tact with Norton, Mansfield and Foxboro as members. f2 1 iiin n4 i9i�Th Meef_g None Motion: To adjourn � '" at, 9:17pm (Kozlows q , / f " — Signature of Clerk /Tracey Whalen Board Of Selectmen's Meeting April 24, 2013 Page 7 of 7 All in favor. PASSES 4:0 .,5 of I g07 Date of Approval