HomeMy WebLinkAboutBOS MINUTES 2-12-2014Board of Selectmen Minutes
February 12, 2014
Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George
Dentino, Olivier Kozlowski and Nick Riccio; Acting Town Manager
Absent: William Ross, Town Mana1?er
Chairman Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is
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Mr. Moran read the public hearing notice into the record.
Motion: To open the Public Hearing (Kozlowski/Moran) PASSES 5:0
Arthur Pearlman, Counsel, for Kanku, Inc. dba The Store, is present before the Board and
explained that Hiteshkumar Parmar aka Harry, also present, will be purchasing the stock of the
company and that Kailash Patel, present as well, will be operating The Store and serve as manager.
Mr. Pearlman noted that Kanku, Inc. dba The Store will remain the same and that only the stock in
the business is being sold. Mr. Perlman reported to the Board that both Mr. Parmar and Ms. Patel
have experience in the retail package store business and are familiar with Massachusetts General
Law Chapter 138 and were just re- certified in regards to TIPS training.
Mr. Annino noted that the Board usually receives a more professional layout plan of the
establishment. Chairman Aptowitz inquired if there have been any recent renovations to which
Mr. Riccio stated he would need to check the file. Mr. Annino stated it is important that with an
alcohol license there should be an architecture type plan within the file. Mr. Kozlowski asked if
there was some type of change to the physical premises to which Mr. Moran said there was not.
Mr. Dentino was concerned about the egress explaining that there is a front and back egress but
that storage is there as well and felt an alleyway would always need to be opened. Mr. Dentino
explained his concern to Ms. Patel,
Mr. Moran stated his primary concern is how many hours the manager, Ms. Patel, would be at the
business to which Ms. Patel stated 40 hours. Mr. Moran noted there have been issues at the
business with previous management and asked that Ms. Patel be cognizant of the law and he hoped
that there would be no further violations.
Mr. Dentin followed up on Mr. Moran's questioning and inquired as to the hours of operation
which was noted to be 14 hours a day. Mr. Dentino was concerned that Ms. Patel would only be
available 40 hours a week but Mr. Pearlman explained that the owner, Mr. Parmar, who is TIPS
trained would always be on premises.
Chairman Aptowitz asked if there would be any other employees selling alcohol to which Mr.
Pearlman noted there would be and all TIPS certificates would be submitted. The Chairman also
Board Of Selectmen's Meeting February 12, 2014
Page I of 8
asked Mr. Pearlman to be sure to submit an architectural floor plan to scale as it goes on record and
is utilized in the Town's GIS for public safety purposes.
Mr. Kozlowski stated he cannot think of a recent license transfer where the Board, or at least in
connection with an alteration to the premises, asked for a layout of the establishment and believed
that was conducted for a new license. Chairman Aptowitz noted that a document was presented
within the application that a selectmen had an issue with in that it was not to the level it should be
and had that document not been presented the questions pertaining to it would not have been
asked. Mr. Kozlowski would like to ensure that this line of questioning is asked with all license
transfers going forward. He would just like to be sure the Board is treating everyone in the same
fashion. Mr. Amrino followed up by stating that he and Mr. Dentino do ask the question of a store
layout with every alcohol license.
Motion: To close the Public Hearing (Annino /Kozlowski) PASSES 5:0
Motion: To approve the change of officer /director, new stockholder, transfer of stock and change
of manager of Kanku, Inc. dba The Store (Moran/Dentino)
Chairman Aptowitz asked to make the motion subject to the submission of a architectural floor
plan to scale. Mr. Moran was uncomfortable to place the language into the motion as the Board
has not asked that of an existing business before. Chairman Aptowitz asked Mr. Pearlman to
ensure that the architectural drawing to scale would be submitted to which he stated he would.
Motion: To approve the change of officer /director, new stockholder, transfer of stock and change
of manager of Kanku, Inc. dba The Store (Moran/Dentino) PASSES 3:2
Mr. Riccio spoke with Gary Babin, Director MMED, and noted that Mr. D'Ambra had asked for
this pole to pick up slack for a 22Oft run between poles on the southside of Hillside Terrace and
Brooks Street. Mr. Riccio noted that this is a Verizon pole which would require Board of
Selectmen approval as Road Commissioners. The pole is slated to go into the grass strip which is
a public way. Mr. Riccio also noted that Lee Azinheira, DPW Director, wrote a memo in support
of the additional pole.
Mr. Dentino asked if it was to be an "unguide" pole but Mr. Riccio was unsure of that and would
follow up with Mr. Babin and Mr. D'Ambra. Chairman Aptowitz inquired if a push brace (pole
pushed in at a 45 degree angle) was to be used and Mr. Riccio stated he would ask Mr. Babin for
additional details and to verify the process.
Motion: To authorize the pole location subject to the review and approval of the pole by the Light
Commissioners (Annino/Kozlowski) PASSES 5:0
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Rich Hucksam, Town Counsel, is present before the Board. Chairman Antowitz reviewed for Mr
Hucksam that in previous meetings the Board had discussed its options (types, locations and
quantities) related to obtaining additional alcohol licenses.
Mr. Hucksam felt that the Board is stumbling on policy issues but as a general principle the general
concept for providing for additional licenses as an economic development tool is a valid concept.
He explained that in following that theme to designate particular areas that the Board has
determined as an appropriate target for economic development is a reasonable approach.
Board Of Selectmen's Meeting February 12, 2014
Page 2 of 8
Mr. Kozlowski inquired as to the provision of the $5,000 fee that is incorporated into draft and
asked if that does in fact create two separate classes of licenses (licenses the Town currently has
that is not subject to the fee and these new licenses that would in effect be more expensive). Mr.
Hucksam said it could be looked at that way. Mr. Kozlowski then asked other than a revenue
generator what would the point of the fee be. Mr. Hucksam stated that this draft was a model used
from Foxboro and he mentioned that this is a rough draft and to give an idea of what the article
could look like. Mr. Kozlowski noted that in targeting /defining areas there is a provision within
the draft that the license must remain at that site but what if the target area is anticipated/proposed
but not yet approved (is it wise to reserve a license for that). Mr. Hucksam explained if the Town
followed that approached then the idea is that certain areas have been identified as being targeted
for development within this kind of use would be appropriate. This would assume that the Town is
that far down the road in studying the issue (he analogized to the Planning process of an overlay).
Mr. Hucksam did state that if the Town is not in that process then the licenses should not be
designated.
Mr. Moran is looking at these licenses as a develop tool and inquired that if the Town designates a
license to a certain area and that area is not developed, what would happen to license. Mr.
Hucksam stated that if the licenses are designated to specific areas, passed through legislature and
then the area is not developed then there would need to be an amendment to move the licenses
elsewhere. Mr. Hucksam explained that unless there was a special provision built -in to be able to
have more flexibility there would be an amendment needed through legislation and is somewhat
cumbersome. It was Mr. Moran's thought to include a "sunset" clause where if the licenses are not
utilized they would then no longer be valid. He did note that he would like to have the flexibility to
allow for an area or establishment that the Board may not have thought of. Mr. Kozlowski felt that
could be dealt with through unrestricted licenses.
Mr. Annino agreed with Mr. Moran in that if these targeted licenses are not utilized he would like
for them to go away due to the fact that the Town is using them as a development tool and he did
not feel the Town needed to add to its general pool of alcohol licenses. Mr. Annino inquired as to
how the $5,000 fee was established to which Mr. Hucksam stated this is from looking at the model.
Mr. Annino further asked if the State would find that arbitrary to which Mr. Hucksam said possibly
however it does have the advantage that this has been approved previously. Mr. Annino then
asked if these licenses would be "special" licenses and does it make bookkeeping more difficult.
Mr. Hucksam stated it would be a different class of license pursuant to this evening's discussion of
clauses such as "sun- setting" and deeming the licenses targeted to a certain area which does make
them different than the typical licenses. Mr. Annino then asked if after the first year is the $5,000
fee no longer valid to which Mr. Hucksam stated it depended on how the language was fashioned.
Mr. Annino stated that whatever the Board does there needs to be specific reasons and whenever
the Board establishes a fee there has to be justification for it and felt now there is a fee that the
Board cannot really justify. Mr. Hucksam noted license /permit application fees have to have a
reasonable relationship to the cost of the Town to administer and is a good concept to keep in
mind.
The discussion then moved to the language in the draft where the fee would be deposited into an
Economic Development Account. The Board discussed if the Town did have an economic
development account who would administer and oversee the account and how decisions would be
made to utilize those funds. Mr. Dentine noted this would need to be addressed by the Board and
if the fee was to be deposited into an economic development account then the Town would need an
Board Of selectmen's Meeting February 12, 2014
Page 3 of 8
economic development committee and that is not an easy task. He felt that a committee of that
nature would have a tremendous amount of authority once established. He noted a committee of
that type would need a lot of consideration. Mr. Dentin felt the Board was being premature in
considering targeting areas and that in the previous meeting he mentioned that the Board should
have a map, colored in, showing all of the areas where zoning allows for these licenses. Mr.
Kozlowski stated this could be addressed by unrestricted licenses.
Chairman Aptowitz reminded that this is ultimately up to the residents to vote on at Town Meeting
and that the Board is putting the Article together to vote on.
Motion: To consider one additional package store license at a location to be determined and away
from the concentration of current package store licenses in the center of Town (Kozlowski/Moran)
Discussion:
Mr. Kozlowski questioned if the Town needs that type of license.
Motion: To consider one additional package store license at a location to be determined and away
from the concentration of current package store licenses in the center of Town (Kozlowski/Moran)
0:5 FAILS
Chairman Aptowitz stated that package stores are off the table.
Motion: Petition for eight additional all alcohol restaurant licenses at locations to be at
unrestricted locations or to be determined (Kozlowski /Moran)
Discussion:
Mr. Annino realized that Mr. Kozlowski is asking for eight because he believes the State may cut it
down. Mr. Kozlowski stated it is in part because he is thinking roughly a couple of the licenses to
be targeted and some un- targeted. Mr. Annino is concerned that the State may approve the eight
licenses.
Motion: Petition for eight additional all alcohol restaurant licenses at locations to be at
unrestricted locations or to be determined (Kozlowski/Moran) 2:3 FAILS Aptowitz, Annino,
Dentino NAY
Motion: Petition for two additional all alcohol restaurant licenses to be designated for the
Mansfield Crossing area and the area across the street from Mansfield Crossing
(Kozlowski /Annino)
Discussion:
Mr. Dentino is against targeting areas. IIe stated lie is for not having a bunch of licenses floating
around and felt it is pretty evident that the Board could acquire extra licenses when there is a desire
for it and he does not believe in targeting areas. Mr. Dentino would rather have a business look
around Town for the best location where they could make a living. Mr. Kozlowski stated he would
meet Mr. Dentino half way and amend the motion to include a sunset clause of seven years.
Motion: Petition for two additional all alcohol restaurant licenses to be designated for the
Mansfield Crossing area and the properties across the street from Mansfield Crossing with a seven
year sunset clause (Kozlowski /Annino) PASSES 4:1 Dentino NAY
Motion: Petition for a single all alcohol restaurant license for the Chocolate Factory property with
a seven year sunset clause (Kozlowski /Annino)
Mr. Moran asked Mr. Hucksam for his opinion on the process the Board is taking or would it be
better to get a policy. Mr. Kozlowski noted the Board is not making this up and that these are areas
that have been discussed previously and by previous Boards. Mr. Hucksam stated this is the Board
voting on elements of the Warrant Article. PASSES 4:1 Dentino NAY
Board Of Selectmen's Meeting February 12, 2014
Page 4 of 8
Motion: Petition for two all alcohol restaurant licenses in the downtown area (Main Street
between East and West and Route 106) with a seven year sunset clause (Kozlowski /Annino)
Discussion:
Mr. Dentino stated that it is not a good thing to pinpoint areas and questions how fair it is.
Chairman Aptowitz stated that part of their job as Selectmen is to question need and noted this is
an area that is pretty built up. Mr. Kozlowski felt that is a good point and questioned if the area
should cross Route 106. Mr. Moran noted the cluster is not about fairness but about the Board
trying to drive economic development and felt that the Town is not getting these extra licenses
because it wants bars at the train station but because it wants to develop that area and have licenses
available only for that area. Mr. Moran is worried in that three years from now with no economic
development it will be a much more unpleasant conversation. The discussion then moved to
clarification of the overlay district.
Motion: Petition for two all alcohol restaurant licenses in the downtown and train station area
with a seven year sunset clause pending clarification of the zoning map (Kozlowski /Annino)
FAILS 2:3 Aptowitz, Dentin, Moran NAY
Motion: Petition for four all alcohol restaurant licenses for the downtown and train station area
with a seven year sunset clause pending clarification of the zoning map (Moran/Annino) PASSES
3:2 Aptowitz, Dentino NAY
Motion: Petition for two all alcohol restaurant licenses that are not restricted (Kozlowski /Moran)
FAILS 2:3 Aptowitz, Annino, Dentino NAY
Motion: Petition for three all alcohol restaurant licenses that are not restricted
(Kozlowski/Moran) FAILS 2:3 Aptowitz, Annino, Dentino NAY
Mr. Moran didn't understand Mr. Dentino being against targeting licenses yet voted against the
"not restricted" licenses to which Mr. Dentine explained that he did not feel the answer to growing
development should be centered on alcohol licenses. Chairman Aptowitz explained that at this
point this is a working document and that changes can be made.
Motion: To not include the $5,000 issuance and renewal fees (Kozlowski /Moran) PASSES 4:1
Annino NAY
Chairman Aptowitz reported that there was a subcommittee meeting last Thursday (February 6 °').
Walter Wilk, Chairman of the Finance Committee, was present at the meeting and presented a
report out from that meeting and noted that it is posted online for review. Also present are Liz
Christo, Yogen Chemburkar and Scott Feely.
Mr. Wilk reported that the Town's Revenue Forecast Growth (taxing to the full amount plus
growth) for the year is 1.61% and that the Town's budget is $36.6 million, which is $997,000
increase representing 2.8% and leaves the Town with a $425,000 deficit. He then reported that the
School's budget came in at $45.3 million which is a 6.61% increase resulting in a $2.1 million
deficit at this point. Mr. Wilk stated that the Committee found in its five year analysis that the
Town budget has grown eight tenths of one percent with its population going down 2.5% and the
School's budget has grown 21.6% with student population down 13 %. The Committee has asked
the Schools to keep FTEs at a flat rate but noted even with flat FTEs the rate of growth for salaries
and wages is a little over 4.3% (with steps, lanes and COLA). Mr. Wilk explained that this is
Board Of Selectmen's Meeting February 12, 2014
Page 5 of 8
growing at 4.3% trajectory when the revenue is only growing at 1.61% trajectory. Mr. Wilk
also reported that the Town is faced with less kids entering the schools the State match is
decreasing at the same time. Finally, Mr. Wilk noted that the $1.5 million Free Cash plug from last
year will be reduced to $1 million this year as reported at last year's budget review. He stated that
no matter how its cut the revenue and expense numbers and revenue and salary increases are out of
whack.
Mr. Wilk reported that the Board of Selectmen, School Committee, Finance Committee and Town
Manager are working together on the budget process.
Mr. Dentino inquired that in terms of wage increases (whether it be lanes, steps or grades) what
does the Committee consider educational funding (furthering educational degrees) to be to which
Mr. Wilk explained that the lanes and steps are partly driven by years of service and educational
service (number of credits) and is a salary increase. He explained that if a salary is $50,000 at the
end of the year and an increase is received for completing a number of years of service of $2,500 it
is an increase to the salary and does not matter if it is a lane, step or grade. He stated that 82% of
the School's budget is made up of salary and that in comparison to other surrounding communities
the pay is very competitive in regards to Towns of our size explaining that the pay scale starts a
little lower but by the time the middle and top is reached the Town is in the top quadrant.
Mr. Wilk reported that Brenda Hodges and Bill Ross will work together and report back to the
Finance Committee with their first cuts. He stated it is important to know that the two sides are
working off of one budget document and working as a team.
Mr. Moran stated the economy did not provide the bump the Town had expected and is not
meeting the moderate projections and felt the Town was being exposed quicker that it can fix it.
Mr. Wilk explained the numbers are the numbers and the options are an override, cut to get into
balance, be more realistic in negotiations or maybe increase the plug for another year which has
issues. Liz Christo noted that this year's Free Cash has already been used and gone to Free Capital
and the unallocated Free Cash is only about $450,000 which the Town is anticipating using for
Snow and Ice and if the plug is moved up again then it is going to be Capital Projects that are
affected.
Chairman Aptowitz explained that this came about from both the c
rating process where it was recommended by
which could potentially increase the Town's bond rating even further.
Standard and Poors to have these policies in place
Scott Feely noted there are five policies which the Committee began working on last October and
included feedback from the Town Manager. Based upon discussion with Finance Director, John
Stanbrook, the Committee began working on five procedures which included Free Cash, Reserve
Fund, Capitalization, Stabilization and Long -Term Debt. The idea was to try and use the best
practices from other policies that the Committee had seen and from information gathered from
discussions from conferences attended. The Committee felt these policies reflect best practices
that would apply to the Town. Mr. Feely noted the policies reflect guidelines that the Town has
been trying to live under through this past budget cycle and into the current cycle but now are more
formalized.
Board Of Selectmen's Meeting February 12, 2014
Page 6 of 8
Yogen Chemburkar noted that the Committee spent a lot of time changing the wording to reflect
how the Town does business. The Committee used templates from other towns and best practices
but also used role playing. Mr. Wilk noted the Committee looked at three or four towns (in very
good financial shape in the State) and part of what they all had in common was policies and
procedures and regardless of good or bad economic times the policies and procedures were
followed. The Finance Committee is looking for the Board of Selectmen to review the policies
and procedures presented and send their comments.
The Finance Committee will then review the policies with the Schools and ultimately would like
both sides to vote to accept the policies.
None
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes January 22, 2014
Motion: To approve the Board of Selectmen Minutes for January 22, 2014
(Kozlowski /Annino) PASSES 4:0:1 Dentino ABSTAINS
B. Approval of Warrants
Town Vendor Warrant No. 14033T $446,919.13
Motion: To approve Town Vendor Warrant No. 14033T $446,919.13
(Kozlowski /Dentin) PASSES 5:0 Aptowitz Abstains Voucher #470564
Electric Department Vendor Warrant No. 14033E $2,228,735.73
Motion: To approve Electric Department Warrant No. 14033E $2,228,735.73
(Kozlowski/Dentino) PASSES 5:0
Town Payroll Town Medicaid Payroll Warrant No. 14033PT $309,526.73
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14033PT
$309,526.73 (Kozlowski /Annino) PASSES 4:1 Dentino NAY
Town Deductions Vendor Payroll Warrant No. 14033TV $97,336.34
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14033TV
$97,336.34 (Kozlowski /Annino) PASSES 5:0
School Payroll School Medicaid Payroll Warrant No. 14033PS $1,460,543.31
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14033PS
$1,460,543.31 (Kozlowski /Dentin) PASSES 4:1 Amrino NAY
School Deductions Vendor Payroll Warrant No. 14033SV $488,888.47
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14033SV
$488,888.97 (Kozlowski /Dentin) PASSES 5:0
C. Event Approval
• Request From The Garden Club of Mansfield For their Plant Sale May 171h At Town Hall
Parking Lot On Park Row
Tabled — Waiting for Banner and Signs
D. Correspondence
Mr. Riccio reported that trash pickup will be on schedule tomorrow (Thursday, February 13 "') and
for residents to follow Facebook and Twitter for any updates regarding the storm.
Board Of Selectmen's Meeting February 12, 2014
Page 7 of 8
Mr. Kozlowski reported there will be an informational forum at Mansfield High School on
February 25`h, 7:00pm regarding Common Core and educational standards. He noted there is a
well - rounded group of speakers and is free.
Mr. Dentine noted that Joe Courtemarche retired and the showing of the departments and citizens
at his party was a tribute to him. Mr. Dentino noted his sense of humor and ability to repair just
about anything will be missed.
Chairman Aptowitz also attended Mr. Courtemarche's party and echoed Mr. Dentino's thoughts.
He thanked him for his 36 years of service.
Chairman Aptowitz would like to sit down with Ms. Whalen and schedule additional boards and
committees to present a review of what they are working on.
Chairman Aptowitz noted that press releases regarding the budget process will begin once Mr.
Ross returns from vacation.
None
Motion: To adjourn the BOS meeting at 9:17pm
Lors_ '_ of Clerk
/Tracey Whalen
Board Of selectmen's Meeting February 12, 2014
Page 8 of 8
) PASSES 5:0
Date of Approval