HomeMy WebLinkAboutBOS MINUTES 1-29-2014Board of Selectmen Minutes
January 29, 2014
Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George
Dentino, Olivier Kozlowski and William Ross; Town Manager
Chairman Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is
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Mr. Ross distributed to the Board the Home Rule Petition for the Town of Foxboro which happens
to have been drafted by the Town of Mansfield's current Counsel, Rick Hucksam, who represented
Foxboro at that time. Mr. Ross explained that this would give the Board an idea of what would be
included but ultimately the decision on the number and types of licenses would be theirs to draft.
Mr. Ross then reviewed for the Board a map which displayed the current alcohol license holders in
Town and their locations.
Mr. Ross asked if the Board had any additional comments for him to pass along to Town Counsel.
Mr. Dentino inquired as to who would designate the suitable locations for the additional licenses to
which Mr. Ross stated that the Board would identify areas throughout Town where additional
licenses could be located and that would be incorporated into the special legislation. Mr. Dentino
felt there is a big difference between the Town of Mansfield and Patriots Place and stated he does
not believe in designating areas as it should be left up to businesses to decide where they felt their
business would thrive. Mr. Moran explained that the thought process of having the licenses in
concentrated areas was to use the licenses as an engine to drive economic development and also
stated it was to support what Chief Sellon had stated at last week's meeting where if the licenses
were in a targeted area the impact could be minimal to the police force and its staffing rather than
having the additional licenses peppered throughout the Town. Mr, Moran felt it would be
counterproductive to obtain additional licenses that could then potentially tax the police force. Mr.
Moran did feel that the Town should have a few licenses that were not tied to a specific location. It
was Mr. Kozlowski's understanding, that if the Town designated areas it would appear more
organized and would define a need rather than just requesting a number of licenses and also as far
as selecting areas (ie train station) it assists the Town in encouraging development in those areas.
It was Mr. Kozlowski's concern that if the Town did not tic a few of the licenses to a specific area
the licenses could then potentially be snapped up with no licenses left for areas such as the train
station.
Mr. Dentino stated he is all for business but was unsure that liquor licenses was the way to drive
economic development. He inquired as to the process and turnaround time regarding additional
licenses to which Mr. Ross explained that once the Board decided to move forlXard, the petition
would be introduced at Town Meeting where there would be a vote to adopt the article and request
by Horne Rule Petition. From there Mr. Ross explained the Home Rule Petition would require
sponsorship from a member of State Legislature to introduce the Petition on the floor to be passed
and then approved by the Governor. Mr. Ross felt there would then be a period of time before the
licenses could become available and would then move through the normal application process of
submitting an application to the Board's office for review (proper location, proper owner and
need) and then State approval. Mr. Dentino felt loading up on the restaurant licenses could have
Board Of Selectmen's Meeting January 29, 2014
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serious implications over time. He noted that the Town has had a shortage for years and there
hasn't been a cry for them. Chairman Aptowitz felt that the Town is in a different position now
with the building of the mall and potential chocolate factory area. Mr. Dentine stated he is not
against requesting some licenses but felt the number and target area are issues. Mr. Kozlowski
thought that thinking about where the licenses could potentially go assists with the number of
licenses to request. He felt some should be saved for certain areas but that a few should be left
unattached. He wanted to begin a discussion of where the licenses should go and put forth the
suggestion of one license at Mansfield Cross (the pad). Chairman Aptowitz felt there should be a
total of three licenses with target areas and three freestanding. Mr. Ross felt there was really only
the need for one restaurant license at Mansfield Crossing.
Mr. Ross asked the Board to keep in mind that zoning for construction of a new restaurant is
probably limited. He felt that outside of the downtown area, Mansfield Crossing and Route 106
there probably wasn't much else that would allow for that type of construction. Chairman
Aptowitz noted that the Town is not going to go through this every year so with that being said
should the Town not ask for additional licenses. There was a discussion between Chairman
Aptowitz and Mr. Kozlowski about targeting a license for the train station area. Mr. Kozlowski is
concerned that if one is not designated for that area it could potentially lose out with the
freestanding licenses. The Chairman is unsure of and concerned about that area as he felt it was
saturated but Mr. Kozlowski felt that was the primary area to target. Mr. Dentino asked how the
Town could have restaurants in the train station area without a complete concept of how the space
would be developed. Mr. Kozlowski noted it is being studied.
Mr. Annino stated the Board needs to go back to the beginning and first determine a) if the Town
needs additional licenses and b) how many and what type of licenses. Mr. Annino, felt from there
the Board could then decide the geographic areas to target. Mr. Ross noted that he and Tracey
Whalen had informal discussions with the State who advised that when requesting additional
licenses to consider adding a few more so that the Town would not have to repeat the process on a
regular basis. Mr. Kozlowski noted that if the supply of licenses goes up then the value of the
license diminishes. Mr. Annino would like to leave this evening's meeting knowing if the Board is
going forward and if so, with what types of licenses. Mr. Annino could see the Board approving a
certain number of pouring licenses but felt that the Town had enough package licenses and felt that
those licenses do not add to the community. Mr. Kozlowski would entertain a package license
outside the 495 loop (West Mansfield) and the Chairman agreed with that.
Mr. Dentino agreed with Mr. Annino in that the Board should be looking at areas and its zoning. It
was his thought that once the zoning was studied there would not be many "mecas" in Town. He
felt that in doing that, the numbers would then fall into place. Mr. Moran noted that Chief Sellon
summarized that communities using micro- development are using alcohol licenses in an area. He
stated this isn't going to happen all at once and felt that if the Town is looking in the future and if it
wants to try to develop the train station area then it should look at an all alcohol license in that area.
He noted that businesses do not want to hear that the Town has to go to legislature and so the
licenses should be readily available. Mr. Moran further noted that big chain restaurants do better
when they are in clusters as it provides different options to the consumers. Mr. Moran stated that
as far as the package stores are concerned, he is more willing to live by what the State allots which
is based on population.
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Mr. Kozlowski stated he will reach out to the Airport Commission but asked if there should be
follow up from Planning regarding zoning. Mr. Ross reached out to the Tri -Town Chamber who
felt that with respect to restaurants they felt that would work. Mr. Ross explained to the Board that
if this passes at Town Meeting in May, the Town is still looking at 14 -16 months before the
licenses could be available and that could be used as a tool to promote to developers. Mr.
Kozlowski would also like to hear from Shaun Burke.
Mr. Ross reported that the first budget sub - committee meeting was last week and the focus was on
the mandates the School Department is facing and the concern with the Governor's budget
presentation coming out flat in terms of revenue. Mr. Ross spoke regarding one of the MMA
Conference speakers was the Speaker of the House who indicated that the House did not agree
with the Governor's budget and would be looking to increase the local government aids. Mr. Ross
felt it would not be a significant number as there are many demands of the State.
Mr. Ross reported there will be another sub - committee meeting scheduled soon and he will be
having ongoing Denartment Head meetings.
Chairman Aptowitz collected the Town Manager Evaluations. Mr. Kozlowski will submit his
evaluation in the next few days. Mr. Ross will have evaluation by the Board at next week's
Wayne Smith, 6 Judy's Lane, liked the dialog and hoped the Board would look at the sustainability
of adding another package store. He noted that the Town is maxed out and that the population has
dropped since the last Census. He felt that adding another package store would be detrimental to
the community. Mr. Ross asked if Mr. Smith had an opinion with respect to restaurants to which
Mr. Smith responded that he felt it would good for the downtown area but that some of the viable
establishments could become less viable as they cannot really grow their business due to space.
John McIntyre, 21 Landry Road, North Attleboro felt that the Board would be killing the
downtown area with the addition of licenses as it would draw other businesses out of the
downtown area. He stated there is a process of allotting licenses and if those are gone then a
potential business would have to look at purchasing an already established business for that
license. Mr. Moran stated that the Board's target areas are the downtown and train station with one
or two licenses at Mansfield Crossing. He stated that the Mansfield MBTA line is the busiest line
on the MBTA and the Town currently gets nothing out of that and the Town needs to find a way to
get the approximately 900 cars that go through that area a day to get them to stop and drive
business in the Town. Mr. McIntyre pointed out the Attleboro train area and that those commuters
lust get into their cars and go home.
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes December 11, 2013
Motion: To approve the Board of Selectmen Minutes for December 11, 2013
(Annino/Kozlowski)
Mr. Dentino would like to make a correction to the minutes regarding his comments
congratulating Mansfield High's football team as Super Bowl Champs. He wanted to be
sure to congratulate the entire team and to not single out any particular player. PASSES 5:0
B. Approval of Warrants
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Town Vendor Warrant No. 14031T $594,909.73
Motion: To approve Town Vendor Warrant No. 14031T $594,909.73
(Annino/Dentino) PASSES 5:0
Electric Department Vendor Warrant No. 14031E $32,597.44
Motion: To approve Electric Department Warrant No. 14031E $32,597.44
(Annino/Dentino) PASSES 5:0
School Department Vendor Warrant No. 14031S $56,657.84
Motion: To approve School Department Warrant No. 140315 $56,657.84
(Annino/Dentino) PASSES 5:0
Town Payroll Town Medicaid Payroll Warrant No. 14031PT $314,717.62
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14031PT
$314,717.62 (Annino /Kozlowski) PASSES 4:1 Dentino NAY
Town Deductions Vendor Payroll Warrant No. 1403 ITV $103,492.21
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14031TV
$103,492.21 (Annino /Moran) PASSES 5:0
School Payroll School Medicaid Payroll Warrant No. 14031PS $1,479,991.69
Motion: To approve School Payroll School Medicaid Payroll Warrant No. 14031 PS
$1,479,991.69 (Dentin /Moran) PASSES 4:1 Amrino NAY
School Deductions Vendor Payroll Warrant No. 14031 SV $472,530.04
Motion: To approve School Deductions Vendor Payroll Warrant No. 14031SV
$472,530.04 (Annino/Kozlowski) PASSES 5:0
C. Banner Approval:
• Consideration of Banner Application from Mansfield Park and Recreation for
• Summer Camp — April 24, 2014
Motion: To approve Mansfield Park and Recreation Summer Camp Banner
(Annino/Moran) PASSES 5:0
• The Great Duck Race — June 3, 2014 (Annino/Dentino)
Motion: To approve Mansfield Park and Recreation Duck Race Banner
(Annino/Dentino) PASSES 5:0
D. Correspondence
• Consideration of Application by CNC Yogurt Inc. dba Orange Leaf Frozen Yogurt for a
New Common Victualler's License
Mr. Ross asked the Board to hold the license at this time as this is in process of being built
and there is no sign off from Building or Board of Health.
E. Correspondence
• Letter from Chair of the Planning Board, Tom French, Regarding Consideration of
Lowering Speed Lirnit On School Street Between Plymouth Street and Route 140
Mr. Ross reviewed with the Board the process of changing speed limits on municipal
roadways. I-Ie noted it is far more than just a request and action by the Board of Selectmen
and stated it is a lengthy process. Chairman Aptowitz would also like to look at the Route
106 area in East Mansfield as he has heard from residents that it is a speedway. Mr.
Kozlowski reported that he has heard from residents in that same area who do not have the
same sentiment. Chairman Aptowitz asked what the Town can do in the meantime and
suggested additional signage. Mr. Moran suggested the trailer but Mr. Ross reported that it
is not in service and would be repaired after July 151 if it stays in the Budget. Mr. Ross
suggested selected enforcement. Chairman Aptowitz agreed with that and Mr. Ross will
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follow up with Chief Sellon as well as Mr. French. Mr. Ross will also investigate the
engineering study cost.
The Town has been going through its fire hydrants to ensure they are working properly,
specifically to see if any were frozen. He noted two were found and have been pumped out and are
now functioning but that the Town is actively investigating. Chief Boldrighini wanted to pass
along his thanks to the residents for shoveling out hydrants after storms and was impressed by the
effort.
Mr. Kozlowski attended the MMA conference. He felt it was informative and attended a few
breakout sessions, including data security and municipalities on the cutting edge regarding the use
of apps that make communicating with residents easier.
Mr. Moran noted it was good to hear the House state that they may try to do more. In his six years
the Town's best year was in 2008 in terms of aid. He stated communities like Mansfield who are
trying to do their best and do a good job are really getting the short end of the stick. He was
concerned about the date of Town Meeting and wondered if the State's numbers would affect the
Town. Mr. Ross noted the numbers do not go into the warrant and the State should provide those
in April.
Mr. Dentino was saddened to hear that Mr. Moran wasn't ruining again. He felt Mr. Moran has
been a great asset to the Board and it has been a pleasure. He felt the Board has worked well
together and that Mr. Moran was an integral part of that. Mr. Moran responded by saying he has a
great deal of respect for the Board and has been great to work with.
Chairman Aptowitz noted there were a lot of good things coming out of this year's MMA
Conference, one of which was the paving (mirco overlay) which he felt was a great alternative.
Chairman Aptowitz sat in on the telephone consultant meeting today with MIS, Mr. Ross and
Mike Ahern. Mr. Ross noted there were six proposals, where the lowest and best included seven
years of maintenance. He stated that Doug Collette felt it was excellent equipment. A background
check is being conducted and Mr. Ross has confidence that the installation could be completed by
the end of the fiscal year with some cost savings which would go back to Free Cash.
Chairman Aptowitz attended the Budget Sub - Committee /Finance Committee meetings where he
felt all were in agreement that a lot of work needs to be done and it is a process.
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Motion: To adjourn the BOS meeting at 8:45pm (Kozlowski /Amrino) PASSES 5:0
k
Sign tune of Clerk Date of Approval
/Tracey Whalen
Board Of Selectmen's Meeting January 29, 2014
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