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HomeMy WebLinkAboutBOS MINUTES 8-14-13Board of Selectmen Minutes August 14, 2013 Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, George Dentino, Olivier Kozlowski William Ross, Town Manager Absent: Kevin Moran Chairman Aptowitz called the meeting to order. Chairman Aptowitz reminded that the meeting is beine broadcast live and taxed for future broadcast. Lou Andrews, President and Gerry Huiskamp, Vice President of the Natural Resource Trust, is present before the Board. Mr. Andrews noted that with the assistance of Shaun Burke of the Planning Department the NRT acquired 17 acres of the remaining Lincoln Estates off of Branch Street. Mr. Andrews presented a slide presentation, which has been made a part of public record. Mr. Huiskamp noted that the NRT will be placing signs and a bulletin board with trail information along with boundary markers. Mr. Andrews stated that the NRT did meet with the Parks and Recreation Department regarding hiking programs and noted that all of the NRT trails /property is open to the public. Mr. Andrews is asking for the Board's support and asked that the NRT be allowed to establish access directly from the Rails to 'f rails to their property. Mr. Andrews stated there is a little dip to the entrance and the NRT would like to level that off. The NRT is looking to have the trail opened in the Spring, 2014 and ready for public use. Mr. Ross asked that Mr. Andrews please follow up with Rick Alves, Town Engineer, concerning any drainage issues where they are looking to level the trail entrance. Mr. Kozlowski inquired if the entrance is currently visible to which Mr. Andrews noted there are two entrances and both are visible. Mr. Annino inquired about parking to which Mr. Andrews reported that there is no parking other than existing parking at the beginning of the Rails to Trails. Mr. Annino suggested that going forward the NRT should have its logo visible on any signage. Chairman Aptowitz asked if the house lots abut the trail to which Mr. Andrews noted that they do. The Chairman asked if the property owners can place a fence and Mr. Andrews stated as long as it is on the home owner's property. Motion: To allow the NRT, in conjunction with Town Staff, to create an entrance to the new WWII Veterans Memorial Nature Trails and to continue access along the existing Rails to Trails along Branch Street (Annino/Kozlowski) PASSES 4:0 Chairman Aptowitz stated that present before the Board, representing the Town is Paul DeRensis, Town Counsel, Chief of Police Ron Sellon and Detective Sergeant Larry Crossman, who conducted the alcohol violation compliance check. Chairman Aptowitz read as follows: Public Hearing Regarding Possible Violation of Alcohol License, Asia Grill & Sushi, Inc., Licensee, Mr. Bobby Lau — Manager, Licensed Premises Located at 287 School Street, Mansfield Board Of Selectmen's Meeting August 14, 2013 Page 1 of 13 Motion: To open the public hearing for Asia Grill and Sushi (Kozlowski /Annino) PASSES 4:0 Mr. DeRensis explained to the Board that instead of a full trial the Town will present these hearings in summary form of the facts and evidence as each establishment has been spoken to previous to this hearing by Town Counsel and the Police Department in regards to the violation and have agreed to a plea agreement and to be present before the Board. Mr. DeRensis stated that the Board is not bound by the plea agreements and that the agreements are consistent with the ABCC violation guidelines. Mr. Dentin questioned if the alleged violating establishments were sent certified letters prior to the hearing to which Chairman Aptowitz stated yes and that the letters were also hand delivered. Tracey Whalen confirmed receipt of the certified letters. Mr. Dentin asked how the plea agreements came about without it first coming before the licensing authority. Mr. DeRensis stated that the Board is not bound by the agreements. Mr. Dentino understood that the Board was not bound to the agreements and asked again why the local licensing board did not have knowledge of the plea prior to the hearings. Mr. DeRensis explained that the Board sits as a judge and should not have knowledge of a plea agreement until it is presented. Chairman Aptowitz explained that the Board will still hear the facts and evidence in the cases and, based on counsel and the police department's opinion, a plea will be entered. Mr. Dentin stated that in all his years on the Board he has never witnessed a "hotly contested" hearing or a plea bargain reached outside of the local licensing board. Mr. Kozlowski noted that the Board will hear from both the police and alleged violating establishments during the hearing and if at that time Mr. Dentino did not feel he had enough information he would be able to reject the plea agreement and the Board could discuss having a "full blown" hearing. Mr. DeRensis called Police Chief Ron Sellon, Detective Sergeant Lawrence Crossman and Mr. Bobby Lau, Manager, Asia Grill and Sushi, before the Board and swore each in. Mr. DeRensis asked Chief Sellon to explain the alcohol enforcement program that was conducted in Town in June 2013, Chief Sellon reported that the Town has, in his opinion, an underage drinking epidemic. One of the avenues that that Town had decided to take to combat this was an underage sting, which would send an underage individual, under the supervision of Detective Sergeant Crossman and the Mansfield Police, into an establishment, order an alcoholic beverage with no identification, and see if they were served. Once the decision to conduct the sting was decided, a letter was sent to all duly licensed alcohol establishments outlining the program (Exhibit 1). Chief Sellon reported that the sting was conducted approximately three weeks after the letters were sent. Mr. DeRensis asked Detective Sergeant Crossman what his role was to which he explained that he was assigned to organize the sting operation. Detective Sergeant Crossman explained the procedure to the Board in that two twenty year old males were used as undercover operatives, photographed, checked for identification, given portable breathalizers, and explained that none of the establishments required identification to enter (ie a club). The undercover operatives are then read a procedure on how to conduct themselves if they are served, which would be to not pick it up or sip the alcoholic beverage and to leave the establishment. Relative to Asia Grill and Sushi, Detective Sergeant Crossman then presented /read the incident report (Exhibit 2), authored by Detective Michael Ellsworth, who was assigned with Detective Wright and one of the undercover operatives. Mr. DeRensis then entered into the record the letter that was sent to Asia Grill and Sushi, from Chairman Aptowitz, scheduling the hearing and Board Of Selectinen's Meeting August 14, 2013 Page 2 of 13 incorporating the description of the violation (Exhibit 3). Chairman Aptowitz stated that all establishments were notified via certified mail and by hand delivery. Mr. Bobby Lau, Manager of Asia Grill & Sushi, was present and explained that in speaking with his server, who was working at the time of the sting, she has apologized and admitted it was a lapse in judgment. Mr. Lau presented the Board with his action plan to remedy that this never happens in his establislnnent again (Exhibit 5). He stated that this incident was a wake -up call. Chief Sellon reported that he received an outpouring of response from the alleged violating establishments, including Asia Grill and Sushi, which in no way criticized the sting but' was positive in nature to combat underage drinking. Chief Sellon's recommendation is a letter of reprimand, mandatory TIPS re- training for all employees, and up to two mandatory compliance checks within the next six months following the hearing. Mr. DeRensis then submitted the signed plea agreement into the record (Exhibit 4). Chairman Kozlowski asked if each establishment's plan was in need of the Chiefs approval. Chief Sellon stated that Asia Grill's in -house plan is above what his recommendation/mandate is and a wonderful first step. Mr. Annino is extremely upset that there are eight violating establishments, especially given that a letter was sent prior to the enhanced compliance checks. Mr. Annino stated that the Board is very cognizant of the alcohol and drug issues in the Town, State and Country and in his opinion this is an easy thing to prevent. Mr. Annino understands that mistakes are made but felt that this is a huge one that affects safety. Mr. Amiino stated the Board goes to great lengths to ensure establishments have licenses and are responsible and have managers that can control alcohol and it concerned him that eight establishments are not protecting that. Motion: To suspend the public hearing for Asia Grill and Sushi (Kozlowski/Annino) 8:15pm Motion: To open the public hearing for possible violation of alcohol license for Cork's Fine Wine and Liquors, LLC (Kozlowski /Annino) PASSES 4:0 8:15pm Motion: To suspend the public hearing for possible violation of alcohol license for Cork's Fine Wine and Liquors, LLC until the previous hearing is concluded (Kozlowski /Amiino) PASSES 4:0 8:15pm Motion: To re -open the public hearing for Asia Grill and Sushi (Kozlowski/Dentino) PASSES 4:0 8:16pm Mr. Annino explained that the Town is always reminded of the dangers of alcohol and with all due respect he does not feel that the recommendation is severe enough and does not go far enough. Mr. Dentin felt that the sting operation was done in a very professional manner. He noted that Asia Grill and Sushi has not had a violation in the past three years. Mr. Dentino stated that the wake -up call for Mr. Lau should have been the notice his establislnnent received prior to the sting. He had a hard time rationalizing that businesses were notified and yet there were eight establishments that did not pay attention. Mr. Dentin stated he was fine with the recommendation. Chairman Aptowitz echoed both Mr. Annino and Mr. Dentino's thoughts. He was upset that there were eight violating establishments. The Chairman noted that the Board cannot levy a financial fine to the violating establishments due to the ABCC regulations. The Chairman does not want to see local businesses hurt and can imagine the embarrassment they are feeling. The Chairman agreed with the Chiefs recommendation but stated if any of the eight violators come before the Board Of Selectmen's Meeting August 14, 2013 Page 3 of 13 Board again there will be a much bigger problem. He appreciated the fact that the Chief and his department will be following up with two additional compliance checks to the violating establishments. Mr. Annino noted there are other options, including a one — three day suspension. He felt that this is a real simple thing and the Chief and his department have other responsibilities to focus on in the community. Motion: To close the evidentiary portion of the public hearing for Asia Grill and Sushi (Kozlowski /Annino) PASSES 4:0 8:23pm Motion: To accept the proposal as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees (Kozlowski/ ) Discussion: Mr. Annino is concerned that the Board has before them eight violators. He questioned what happens if there are an additional eight violators in the next sting in regards to punishments as lie felt the Board is setting a precedent. Chairman Aptowitz felt that the Board would have to look at each establishment and the violation(s) independently. He wished the Board had the ability to fine the establishments. Mr. Kozlowski stated if there were new establishments caught in the next sting, given the publicizing of these violations, the Board could go further with punishments. Mr. Dentine noted that the Board is boxed as to first time violating establishments who fail to ask for identification. Mr. DeRensis stated that in speaking with Chief Sellon it was thought that in order to have effective law enforcement there needs to be a partnership, not adversarial. This agreement is meant to have the establishments work together with law enforcement and invest in protecting young people. This is not a bad time to have a teachable moment. Mr. Annino felt the teachable moment was the letter. Motion: To accept the agreement as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees at Asia Grill and Sushi (Kozlowski/Dentino)PASSES 3:1 Annino NAY Motion: To re -open Public Hearing Regarding Possible Violation of Alcohol License, Cork's Fine Wine and Liquors, LLC, Licensee, Ms. Megan Foley — Manager, Licensed Premises Located at 390 West Street, Unit C, Mansfield (Kozlowski /Annino) PASSES 4:0 8:3Opm Mr. DeRensis reiterated to the Board that the purpose of the hearing is to present evidence that a person under the age of twenty -one was served alcohol, which is a violation of Chapter 138, at the above referenced establishment during a compliance check conducted by the Mansfield Police Department. Mr. DeRensis reminded the Board that this will be a summary form hearing. Chief Sellon reiterated that in acknowledgement of the significant underage drinking issues in the Town, the Police Department conducted an underage drinking sting of all the duly licensed alcohol establishments in the Town. Chief Sellon tasked Detective Sergeant Crossman with this and in the early portion of June sent a letter to all those establishments delineating what the sting would consist of, how the sting was to be conducted and that each establishment would have one. There was a three week period between the letter (Exhibit 1) and the sting. Board Of Selectmen's Meeting August 14, 2013 Page 4 of 13 Detective Crossman reiterated the process of the sting, which used two twenty year old undercover operatives, with no identification and who followed police guidelines. In respect to Cork's Fine Wine and Liquors one of the undercover operatives was accompanied into the establishment by an undercover officer. Detective Sergeant Crossman read for the record the detailed report (Exhibit 2) from Detective Michael Ellsworth, who was assigned to the undercover operative. Mr. DeRensis then offered the letter sent to Cork's Fine Wine and Liquors by Chairman Aptowitz noting the violation and scheduling the establishment to appear before the Board (Exhibit 3). Mr. DeRensis then offered the plea agreement signed by Ms. Megan Foley, Manager of Cork's Fine Wine and Liquors (Exhibit 4). Chief Sellon reported that the plea agreement is the same as the agreement offered to Asia Grill and Sushi, which was letter of reprimand, TIPS re- training and two compliance checks within the next six months, and is the outcome of the establishments wanting to correct the issues and fix the inadequacies they may have in process. Present before the Board is Megan Foley, Manager of Cork's Fine Wine and Liquors. Mr. DeRensis swore in Ms. Foley. Ms. Foley noted that the establishment is embarrassed by these events and try their best to ensure that everyone has identification. Ms. Foley noted that the establishment has an advanced ID machine, which scans licenses including military id's and out of state licenses. Ms. Foley stated that Cork's puts their faith in their employees. Ms. Foley stated that all employees received additional TIPS training on August 4, 2013 and they do not want to contribute to the underage drinking problem and are song. Mr. Dentine brought to the Board's attention that Cork's has not had a violation in the eight years since they have opened and that is something to be proud of Mr. Dentine stated that unfortunately this violation has made that sad due to the fact that Cork's was warned in advance of the sting and was unable to pass. Mr. Dentino does not have a problem with the plea agreement since Cork's has not had a violation and supported Chief Sellon's recommendation. Mr. Annino realized that Cork's was embarrassed but stated that they have to remember that what happens in the community reflects on the community, and for that, he too is embarrassed, especially given that there were eight violators. Mr. Annino explained that Ms. Foley must tighten the ship so that this does not happen again. Mr. Kozlowski acknowledged that Cork's had TIPS training on August 4th and asked if they do that annually. Ms. Foley responded that TIPS training lasts three years but instead of having just those who were due for certification, all employees were told to attend. Chairman Aptowitz was glad that Cork's has the advanced id machine but stated Cork's HAS to use it. Motion: To close the public hearing for Cork's Fine Wine and Liquors, LLC (Annino/Kozlowski) 8:45pm Motion: To open the public hearing for possible violation of alcohol license for Kanku, Inc. d /b /a The Store (Kozlowski /Annino) PASSES 4:0 8:45pm Motion: To suspend the public hearing for possible violation of alcohol license for Kanku, LLC d /b /a The Store until the previous hearing is concluded (Kozlowski /Annino) PASSES 4:0 8:45pm Motion: To re -open the public hearing for Cork's Fine Wine and Liquors, LLC (Kozlowski /Annino) PASSES 4:0 8:46pm Board Of Selectmen's Meeting August 14, 2013 Page 5 of 13 Motion: To accept the agreement as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees at Cork's Fine Wine and Liquors LLC (Kozlowski/Dentino) PASSES 3:1 Annino NAY Motion: To re -open Public Hearing Regarding Possible Violation of Alcohol License, Kanku, Inc. d/b /a The Store, Licensee, Ms. Madhuben R. Patel — Manager, Licensed Premises Located at 213 South Main Street Mansfield (Kozlowski /Armin) PASSES 4:0 8:47pm Mr. DeRensis re- stated that this hearing is in regards to the possible violation of State law where persons tinder the age of twenty -one were served alcohol. Mr. DeRensis reminded the Board that a sting operation was conducted and that the violating establishments have agreed to a plea. Therefore, this hearing will be conducted in summary form. There are two witnesses to be called on behalf of the Town, Chief of Police Ron Sellon and Detective Sergeant Lawrence Crossman, Chief Sellon stated that he directed Detective Sergeant Crossman to conduct and underage sting operation. The Chief reported that a letter (Exhibit 1) was sent to all duly licensed alcohol establishments outlining what the sting would entail and how it would be conducted. Chairman Aptowitz would like it noted that both Chief Sellon and Detective Sergeant Crossman have been sworn in previously. Chief Sellon reiterated that the sting took place two to three weeks after the letters were sent and that Detective Sergeant Crossman conducted the sting operation. Detective Sergeant Crossman stated that the sting was conducted with two teams and used two twenty year old undercover operatives, both male. Detective Sergeant Crossman reported that both operatives were given breathalizers and that their wallets were taken and held and therefore the operatives carried no identification. The operatives were given strict guidelines when purchasing alcohol and what to do with the open container once purchased. Detective Sergeant Crossman then read into the record the report from Kanku d /b /a The Store (Exhibit 2). Mr. DeRensis noted that a letter was sent to Kanku d/b /a The Store of the alleged violation by Chairman Aptowitz, which also scheduled a date of the hearing (Exhibit 3). Mr. DeRensis read into the record the plea agreement signed by Kanku d/b /a The Store (Exhibit 4). Chief Sellon stated that the recommendation of a letter of reprimand, TIPS re- training and two compliance checks within the next six months came about from the outpouring of response by the violating establishments. Arthur Pearlman, counsel representing Kanku d/b /a The Store, is present before the Board. Mr. Pearlman has represented the establishment since its inception, fourteen years ago. Mr. Pearlman noted that in this instance it was bad timing. With Mr. Pearlman is Bhikhji Pamar, who is the primary person overseeing The Store when Madhuben Patel is not there. Mr. Pamar also lives upstairs to the establishment. On the day of the sting Mr. Pamar's wife came downstairs to watch over the store as he need to be relieved. Mr. Pearlman noted that the entire transaction does not make sense from selling the alcohol to a minor to just the not even being courteous and talking on the phone during the transaction. Mr. Pearlman advised Mr. Pamar that his wife can either never work there again (even for a brief relief period) or will need to be TIPS trained and fully Board Of Selectmen's Meeting August 14, 2013 Page 6 of 13 understand the seriousness of the law. Mr. Pearlman noted that all other employees of The Store are TIPS trained. Mr. Annino stated that safety is the Board's primary concern and that an alcohol license is a privilege. Mr. Annino stated he does not want to see this establishment before the Board again and to remember that they have a huge responsibility to the community. Mr. Kozlowski asked if Mr. Pearlman was testifying for his client that this person who covered for Mr. Pamar and who is not an employee will be TIPS trained. Mr. Kozlowski would rather here that from the employee. Mr. Pearlman clarified that the situation has been explained and that the person who covered on that evening will be TIPS trained. Mr. Dentino noted there are in fact two violations where 1) an employee served someone under the age of 21 and 2) the employee was not TIPS trained. Mr. Dentino inquired as to if the establishment received the advanced letter to which Mr. Pearlman responded yes. Mr. Dentino asked how can the notice be received in advance of the sting operation and still be ignored in that there is a violation. Mr. Pearlman indicated that if Mr. Pamar or Madhuben Patel been working the evening of the sting, there would have been no violation. Mr. Dentino stated that Mr. Pamar had to know that the person covering (his wife) was not TIPS trained. Motion: To close the public hearing for Kanku, Inc, d /b /a The Store (Kozlowski /Armin) 9:02pm Motion: To accept the proposal as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees covering the store at Kanku, Inc. d/b /a The Store (Kozlowski /Aptowitz) Discussion: Chairman Aptowitz noted the Town takes alcohol violations seriously and anyone who is selling alcohol needs to be TIPS trained, there is no excuse. The Chairman noted that if someone cannot do the job properly then close down for the allotted time. The Chairman noted that he does not want to see The Store again. Mi. Dentino stated that The Store runs a decent operation but felt this particular instance calls for an additional measure due to the fact that The Store had put an employee in charge who did not know the rules. Mr. Dentino stated this goes beyond failure to ask for identification and that there is a lesson here and he cannot see any way that they did not know there was a person covering who did not have the proper training. Mr. Dentino felt that this should be a one day suspension. Mr. Annino inquired as to why the Board can only look back three years for violations. Mr. DeRensis noted that is what is in place as the Town's guidelines that were adopted in 2005 and also recommended by the AB CC. Motion: To accept the proposal as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees covering the store at Kanku, Inc. d/b /a The Store (Kozlowski/Aptowitz) 2:2 Dentino and Annino NAY Chairman Aptowitz noted that there are only four members of the Board present and in order for a motion to pass it must have three votes. Motion: To accept the proposal as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees covering the store at Kanku, Inc. d/b /a The Store and a one day suspension (Annino/Dentino) Discussion: Mr. Kozlowski asked how this motion will change the scenario if the Board has an agreement before them of expected consequences. Chief Sellon noted that no promises were made Board Of Selectmen's Meeting August 14, 2013 Page 7 of 13 in regards to the agreements and that the agreements are a recommendation only and do not bind the Board. Chairman Aptowitz asked Mr. Dentino if his sole reasoning behind the one day suspension is due to the employee not be TIPS trained to which Mr. Dentino stated yes. Chairman Aptowitz offered a point that the Board did not question the previous establishments as to if the employees were TIPS trained. Mr. Dentino noted that Mr. Pearlman offered this information. Chair Aptowitz is only trying to be fair to everyone but does agree with the Chairman. Motion: To accept the proposal as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees covering the store at Kanku, Inc. d/b /a The Store and a one day suspension (Annino/Dentino) 2:2 Aptowitz and Kozlowski NAY Motion: To accept the agreement as presented by Chief Sellon of a letter of reprimand, two compliance checks within six months and mandatory TIPS re- training for all employees covering the store at Kanku, Inc. d /b /a The Store (Dentin /Kozlowski) 3:1 Annino NAY io r u , lc of larcons�, -� �Ymolr � ; a o i ee pis ana eit, 3M d Preen ses Motion: To open Public Hearing Regarding Possible Violation of Alcohol License, Heymohn, LLC d/b /a Cibo Matto, Licensee, Mr. Peter Kuplast — Manager, Licensed Premises Located at 254 Chauncy Street, Mansfield (Kozlowski/Dentino) PASSES 3:0:1 Annino ABSTAINS Mr. Annino excused himself from the hearing due to a conflict of interest and stepped outside during the proceedings. Mr. DeRensis reiterated that the Board is here to consider violations of State law where a person under the age of twenty -one is prohibited to be served or sold alcoholic beverages. Mr. DeRensis noted that the Town has conducted a sting operation and this hearing is to find if Cibo Matto has violated that law. Mr. DeRensis stated that an agreement has been reached regarding the facts between the Town and the establishment therefore the hearing will be in summary form. Chief Sellon explained that he directed Detective Sergeant Crossman, due to the significant underage drinking issues plaguing society, to conduct an undercover sting of all the duly licensed alcohol establishments in the Town of Mansfield. Chief Sellon stated that as a result letters were sent to all establishments notifying them of the sting and outlining the process (Exhibit 1). Chairman Aptowitz noted that both Chief Sellon and Detective Sergeant Crossman were sworn in earlier in the evening. Detective Sergeant Crossman described the execution of the sting in that it took place over two days in June with two plain clothed teams each with a twenty year old undercover operative, both males. The undercover operatives were given portable breathalizers before and after the stings, removed all identification and money and held by MPD and given extensive guidelines on how to conduct themselves and not consume any alcohol during the sting. Detective Sergeant Crossman read into the record the written report of the violation on the night in question, which was provided by Detective Kerr (Exhibit 2). Mr. DeRensis then acknowledge the letter sent by Chairman Aptowitz notifying Cibo Matto of the violation and a date to appear before the Board (Exhibit 3). Mr. DeRensis then submitted for the record a signed plea agreement between the Town and Cibo Matto as to the sufficient facts of the case (Exhibit 4). Chief Sellon explained that due to the numerous establishments that contacted him regarding the sting and how to correct their Board Of Selectmen's Meeting August 14, 2013 Pages of 13 deficiencies, the Town decided to put forth a recommendation of a public reprimand, TIPS re- training of all employees and two compliance checks within the next six months. Mr. DeRensis swore in Peter Kuplast, Owner of Cibo Matto. Mr. Kuplast explained to the Board that on the evening in question there was a bartender, on his second day of training, working. Mr. Kuplast noted that this bartender did not work out and therefore was let go. It was after the bartender was let go that Mr. Kuplast found out about the violation. Mr. Kuplast also reported he met with all of his staff in regards to ensuring all patrons are asked for identification and that all of his staff is TIPS certified. Mr. Dentino stated that he knows Mr. Kuplast knows better but yet it still happened. Mr. Dentin has seen Mr. Kuplast in action and knows he is a good owner and manager and stated how important it is to keep that image. Mr. Dentino felt that the police have been very fair in terms of their recommendation and that this is an eye opener. Chairman Aptowitz stated that the Board wants to see all businesses succeed but the Chairman stated to please not come before the Board in regards to a violation again. Motion: To close the public hearing for Heymohn, LLC d /b /a Cibo Matto (Kozlowski /Dentin Motion: To accept the agreement as presented by Chief Sellon of a letter of reprimand, mandatory TIPS re- training for all employees and two compliance checks within six months for Heymohn, LLC d/b /a Cibo Matto (Kozlowski/Dentino) PASSES 3:0 Chairman Aptowitz thanked Chief Sellon and Detective Sergeant Crossman, None A. Review /Approval of Minutes of Meetings • Board of Selectmen Minutes for July 24, 2013 Motion: To approve the Board of Selectmen Minutes for July 24, 2013 (Kozlowski/Dentino) PASSES 3:0 (Mr. Annino excused himself from the table) B. Approval of Warrants School Payroll/School Medicaid Payroll Warrant No. 13057PS $6,376.55 Motion: To approve School Payroll/School Medicaid Payroll Warrant No. 13057PS $6,376.55 (Kozlowski/Dentino) PASSES 3:1 Annino NAY School Deductions Vendor Payroll Warrant No. 13057SV $2,130.13 Motion: To approve School Deductions Vendor Payroll Warrant No. 13057SV $2,130.13 (Kozlowski /Annino) PASSES 4:0 Town Vendor Warrant No. 14005T $1,238,271.21 Motion: To approve Town Vendor Warrant No. 14005T $1,238,271.21 (Kozlsowski /Annino) PASSES 4:0 Electric Department Vendor Warrant No. 14005E $29,151.89 Motion: To approve Electric Department Warrant No. 14005E $29,151.89 (Kozlowski /Annino) PASSES 4:0 Town Payroll Town Medicaid Payroll Warrant No. 14005PT $364,031.31 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14005PT $364,031.31 (Kozlowski /Annino) 3:1 Dentino NAY, Aptowitz ABSTAINS from Voucher # 28899 payable to Laura Aptowitz Board Of Selectmen's Meeting August 14, 2013 Page 9 of 13 Town Deductions Vendor Payroll Warrant No. 14005TV $105,897.90 Motion: To approve Town Deductions Vendor Payroll Warrant No. 140O5TV $105,897.90 (Kozlowski /Annino) PASSES 4:0 School Payroll School Medicaid Payroll Warrant No. 14005PS $1,059,675.12 Motion: To approve School Payroll School Medicaid Payroll Warrant No. 14005PS $1,059,675.12 (Kozlowski/Dentino) PASSES 3:1 Annino NAY School Deductions Vendor Payroll Warrant No. 14OO5SV $310,686.50 Motion: To approve School Deductions Vendor Payroll Warrant No. 140O5SV $310,686.50 (Kozlowski/Annino) PASSES 4:0 Town Vendor Warrant No. 14O06T $4,054,890.64 Motion: To approve Town Vendor Warrant No. 14006T $4,054,890.64 (Kozlowski /Annino) PASSES 4:0 Electric Department Vendor Warrant No. 14006E $29,592.47 Motion: To approve Electric Department Vendor Warrant No. 14006E $29,592.47 (Kozlowski/Annino) PASSES 4:0 School Department Vendor Warrant No. 14006S $248,912.04 Motion: To approve School Department Vendor Warrant No. 140O6S $248,912.04 (Kozlowski/Annino) PASSES 4:0 Town Payroll /Town Medicaid Payroll Warrant No. 14006PT $310,034.52 Motion: To approve Town Payroll /Town Medicaid Payroll Warrant No. 140O6PT $310,034.52 (Kozlowski/Annino) PASSES 3:1 Dentino NAY, Aptowitz ABSTAINS Voucher # 29090 payable to Laura Aptowitz Town Deductions - Vendor Payroll Warrant No. 14O06TV $92,902.67 Motion: To approve Town Deductions — Vendor Payroll Warrant No. 140O6TV $92,902.67 (Kozlowski /Annino) PASSES 4:0 Town Vendor Warrant No. 14007T $215,695.64 Motion: To approve Town Vendor Warrant No. 14007T $215,695.64 (Kozlowski /Annino) PASSES 4:0 Electric Department Vendor Warrant No. 14007ES $1,838,711.69 Motion: To approve Electric Department Vendor Warrant No. 14007E $1,838,711.69 (Kozlowski/Annino) PASSES 4:0 School Department Vendor Warrant No. 14007S $164,217.60 Motion: To approve School Department Vendor Warrant No. 14007S $164,217.60 (Kozlowski /Amrino) PASSES 4:0 Town Payroll Town Medicaid Payroll Warrant No. 14007PT $330,333.17 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14OO7PT $330,333.17 (Kozlowski /Annino) PASSES 3:1 Dentino NAY Aptowitz Abstains from Voucher #29286 Payable to Laura Aptowitz Town Deductions Vendor Payroll Warrant No. 14007TV $97,260.16 Motion: To approve Town Deductions Vendor Payroll Warrant No. 14007TV $97,260.16 (Kozlowski /Annino) PASSES 4:0 School Payroll School Medicaid Payroll Warrant No. 14007PS $1,110,859.58 Motion: To approve School Payroll School Medicaid Payroll Warrant No. 14007PS $1,110,859.58 (Kozlowski /Dentin) PASSES 3:1 Annino NAY School Deductions Vendor Payroll Warrant No. 14007SV $319,193.85 Motion: To approve School Deductions Vendor Payroll Warrant No. 140O7SV $319,193.85 (Kozlowski/Annino) PASSES 4:0 C. Events and Banners • Hearts of Hope Foundation's Race For A Cure 5K/10K on November 30th Board Of Selectmen's Meeting August 14, 2013 Page 10 of 13 Motion: To approve Hearts of Hope Foundation's Race for a Cure 5K/10K (Kozlowski/Dentino) PASSES 4:0 • Hearts of Hope Foundation's Race For A Cure 5K/1 OK Banner Motion: To approve the banner for Hearts of Hope Foundation's Race for a Cure 5K/1 OK (Annino/Kozlowski) PASSES 4:0 • Mansfield Women of Today Second Annual Touch -A -Truck Event Banner Motion: To approve the banner for Mansfield Women of Today Second Annual Touch -A -Truck Event (Annino/Kozlowski) PASSES 4:0 D. Correspondence • Letter from Department of Environmental Protection regarding Sanitary Survey Report of the Mansfield Water Division Mr. Annino asked if the Town still does the comparisons between towns to which Mr. Ross noted that we do and it is actually a requirement. Mr. Ross reported that all the work that has been done has set the Town up for excellent sources of supply for the next 20 to 25 years. • Resignation Letter from Mary Butler — Council On Aging, Effective September 1, 2013 Chairman Aptowitz would like a Thank You Letter with Mansfield Town Seal Pin sent to Ms. Butler Motion: To accent the resienation letter of Mary Butler (Kozlowski/Annino) PASSES 4:0 Mr. Ross began his report by giving an update to the Capital Projects • Fire Turn Out Gear and Squad 4 Purchase: Ordered and Deliver 9 -2013 • Town Wide Phone System — Design Phase • Public Buildings: Library and Town Hall Improvements (Spring 2014), Plymouth Street Fire Station Repairs (Spring 2014 and Coordinated w/FEMA due to damages during Blizzard) • Schools: include the High School Stage Vent (Spring 2014), Qualters Stage Vent (Spring 2014), High School Gym Floor (Summer 2014), Replacement Windows at Robinson (Summer 2014, the Town did apply for State assistance but they did not ask for final application) and High School Gym Wall (Under Construction — Mr. Annino would like Mr. Ross to obtain the plans for the wall) • Highway: include DPW Sidewalk Snowblower (Received), Memorial Park Tennis Court Repairs (Design Phase), 4x4 SUV/Pick Up (Received), 4x4 SRW Pickup/Plow (Ordered, Delivery 9- 2013), 4x4 DRW Pickup/Plow (Ordered, Delivery 9- 2013), Brush Tractor (Received) • Highway: major Road work includes — Bird Road (Scheduled to Start on August 19, 2013 and be completed by August 26, 2013), East Street at North Street to Easton Line (Scheduled to Start August 26, 2013 and be completed by September 30, 2013), Oakland and Maple Street (Postponed — due to underground electric work), Crack Sealing (Begin September, 2013 and continue to completion), Chip Sealing (Scheduled to start August 26, 2013 and continue until complete), Sidewalk Replacement (Scheduled to start September 16, 2013 to be completed in mid - October), Town Hall and Plymouth Street Fire Station Repairs and Repaving of Lots (Scheduled to start in mid- October and continue until complete). Mr. Annino asked if the water main repair is a large cost to which Mr. Ross reported yes, primarily due to the fact that the particular pipe is no longer used. Board Of Selectmen's Meeting August 14, 2013 Page I I of 13 Mr. Ross spoke concerning the nine year Reassessment. Mr. Ross explained that this assessment is required by the State and Department of Revenue every nine years to conduct an internal and external assessment of each property in the Town and the purpose is to ensure that the assessment records in the Board of Assessors office are accurate (ie finish basement, adding rooms over a garage). Mr. Ross stated that residents are not obligated to let the assessors into their home but that this is a fairest way to ensure fair and equitable property values throughout the conummity. A private firm has been hired by the Town of Mansfield and come with all of the required credentials. Mr. Kozlowski wanted to ensure that if the assessors are not allowed in the home that there would be no "guessing or increasing of numbers" and putting the burden on the home owner to correct. Mr. Ross had not heard of any instances of that happening. Chairman Aptowitz asked if the homeowner did make a large renovation (ie new kitchen) if there was any type of punitive action if a permit was not pulled. Mr. Ross stated that pulling the proper permit is a safety factor and protects the homeowner in case of an accident or for resale value. Mr. Ross followed up with the Board concerning their original motion of the Comcast Center overage during the Eagles concert on July 19t1'. The motion read that the Town Manager could inquire as to the attendance number but did not state that the Town Manager could send a letter to fine the Comcast Center. Motion: To allow the Town Manager to send a letter to the Comcast Center levying a fine for a three minute overage (Aptowitz/Kozlowski) PASSES 4:0 Mr. Ross followed up on the cost analysis that Mr. Dentino asked for concerning the chip seal Mr. Annino asked where the sewer municipal inter - agreement stood with Notion and Foxboro. Mr. Ross reported that it is very close. Mr. Annino stated that the Board should send a letter of congratulations to the Town of Sharon as it was just voted one of the most desirable communities. Mr. Dentine noted an email exchange trying to set up a meeting with the Town departments and Comcast Center personnel at the end of the season. He questioned what the goal is if it is scheduled for after the season. Mr. Ross noted that due to the changes in the Comcast Licensing Agreement that there was a consensus, during the process, that there should be an end of season critique where all parties, including the new medical staff, should be present. Chairman Aptowitz noted that the entire Board should go to the meeting. Chairman Aptowitz noted that he has had conversations with Bruce Montgomery, General Manager of Comcast, over the past few shows where there have been differences in opinion as to how certain things have been handled. Chairman Aptowitz felt that the Town should maintain the services being provided by Mansfield and then meet after the season's end to discuss. Mr. Dentino felt that the Board and public has been informed throughout the season and that Comcast/LiveNation should have a representative come before the Board prior to the end of the season to discuss the process and if there are any differences. Mr. Dentino felt that after the season, no one is paying attention. Mr. Ross stated that the Town has considerably changed the safety portion of the agreement, due to demand, and all of Board Of SelechneWs Meeting August 14, 2013 Page 12 of 13 those changes came out of the previous year's end of season review. Mr. Kozlowski noted the season is pretty much over and that the Board's schedule is full through the middle of September. Chairman Aptowitz noted there have been differences with the handling of medical issues regarding protocols on transports. Mr. Ross asked that Chief Boldrighini contact the State OEMS office to have the highest ranking person present at the meeting as there seems to be a discrepancy as to who should handle the medical issues. Mr. Dentino asked if the Rewards Programs for suggestions was still in existence that Mr. Kozlowski created to which Mr. Kozlowski report to his knowledge it was. Mr. Dentino brought a letter in regards to the use of lighting and would like to nominate this particular resident. Mr. Kozlowski asked about the Chapter 90 funding. Mr. Ross noted that the Governor is holding what was to be the Town's increase (as well as all the other Town's increases) over the previous year. Mr. Ross discussed the topic of all the State's increases (ie gas tax, tolls in Western Massachusetts) with Secretary Davey, who felt in their (Legislature's) opinion in analyzing the increases received, they were not enough to justify the increase in Chapter 90 but could maintain the level from previous years. Mr. Kozlowski met with the new Conservation Agent Kaitlyn Merrill and was very impressed and looking forward to working with her. Chairman Aptowitz inquired as to the next Light Commissioners' meeting. Mr. Ross reported that there has not been one set yet. The Chairman would like to discuss the collection policy, particularly due to citizens' requests regarding if that policy has been properly followed. Chairman Aptowitz spoke to the actions of the youth at the Wiz Kalifa concert and the disrespect for public safety officials. He noted this isn't a Town or a Comcast Center issue but an issue for society. Mr. Ross noted how professional our public safety officials handle themselves. Mr. Kozlowski noted that the First Annual Run from the Cops, organized by Detected Sergeant Crossman, was a huge success. j None. Motion: To adjourn the BOS meeting at 10:11 pm (Aptowitz/Kozlowski) PASSES 4:0 i Signature of Clerk 6allkl Aoz czus" /Tracey Whalen ��� Board Of Selectmen's Meeting August 14, 2013 Page 13 of 13 Date of Approval