HomeMy WebLinkAboutBOS MINUTES 2-26-2014Board of Selectmen Minutes
February 26, 2014
Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George
Dentine. Olivier Kozlowski and William Ross: Town Manager
Chairman Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is
being broadcast live by Mansfield Cable Access and taped for future broadcast.
Police Chief Ron Sellon and Officer Gregg Kennedy are present before the Board. Chief Sellon
introduced Officer Kennedy and noted he is a Mansfield resident and 2006 graduate of Mansfield
High School and graduated with a Criminal Justice Degree from Norwich University. Chief
Sellon explained that his hire was delayed due to the fact that he is the first commissioned officer,
hired by the Police Department, currently in the US Army and had been deployed oversees. Chief
Sellon stated there were three things that came tip during Officer Kennedy's background check:
motivated, disciplined and a leader, which is what the Town is looking for. Town Clerk, Marianne
Staples then swore in Officer Kennedy.
The Board offered their congratulations to Officer Kennedy and welcomed him to a great police
department and commended the leadership of Police Chief Sellon.
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Randv Waters. 29 Kingman Avenue. has been a resident of Mansfield for 12 vears. Over the nast
30 years Mr. Waters has had experience in public and affordable housing, construction and has
worked for the State for 25 years as their construction advisor with the Department of Housing and
Community Development. He is currently employed by the Watertown Housing Project as their
Assistant Manager. Mr. Waters would like to assist in making the community and environment
better and assist those who are in need.
Mr. Dentino noted Mr. Waters' impressive background and asked about Mr. Waters education to
which he reported he graduated from Oliver Ames High School and is a graduate of UMass
Dartmouth. Mr. Waters also noted he has numerous certificates from various establishments
(Northeastern, Wentworth). Mr. Dentino asked if Mr. Waters if he has any plans for the
procedures in Town. He noted he doesn't come into this with any preconceived notions and would
like to sit down and gather information. His philosophy is to keep the good and get rid of the bad.
Mr. Dentino applauded Mr. Waters for volunteering and felt he brought a lot to the table.
Mr. Annino noted it makes the Board's job much easier when quality people step forward and fill
positions. Mr. Annino found Mr. Waters's application admirable. He felt Mr. Waters brought
great experience especially from such a large community as Watertown, which has such great
diversity. He asked that Mr. Waters be sure to attend Town Meeting.
Mr. Kozlowski thanked Mr. Waters for stepping up and volunteering and felt his background
brought many facets relative to the Housing Corporation.
Mr. Moran felt although the committee is new it plays an important role. He noted that the
Corporation will go a long way to help maintain the fact that there is a place for all levels of income
Board Of Selectmen's Meeting February 26, 2014
Page 1 of
in Mansfield. He stated that the Housing Corporation has the ability to go out and do things and be
very effective. Mr. Moran felt that Mr. Waters experience would only help in pushing that along.
Chairman Aptowitz noted everything has been said and thanked Mr. Waters for stepping up.
Motion: To appoint Randy Waters to the unexpired term on the Mansfield Housing Corporation,
expiring December 31, 2017 (Kozlowski /Annino) PASSES 5:0
Rich Hucksam, Town Counsel, is present to answer any questions the Board may have in regards
to the Draft Home Rule Petition. Mr. Ross noted that the Board's office received a letter from Karl
Clemmey, Clemco, asking the Board to consider their location at Erin's Center (Route 140
corridor) for an additional alcohol license. Mr. Moran read the letter into the record.
Mr. Moran noted that the Board put forth a motion to have two untethered licenses available to any
businesses which were voted down. Chairman Aptowitz felt it was only fair to allow an additional
license in that area in order to be supportive of both shopping areas since there are pads available.
Mr. Kozlowski inquired if the area is able to accommodate a license.
Bill Clemmey, 55 Fowler Street, was present before the Board and explained that last year the six
acres behind Shaws was rezoned as I1 and is now available for retail, which adds an additional
40,000 square feet on that location. Mr. Clenuney also noted that within Erin's Center Plaza itself
there is currently 4,000 square feet to build for retail /restaurant use and noted that over the years
they have been approached for development there. Mr. Kozlowski was looking for clarification of
the land behind Shaws to which Mr. Clenuney explained it is congruent with Erin's Center and
runs along the service road behind Shaws. Mr. Clemmey explained it encompasses three lots but
will provide a zone map to the Board for review of the area. Mr. Kozlowski asked if there is
immediate space available to which Mr. Clemmey stated there was in a 4,000 sq. ft. area out front
of the plaza. It is the Clemmey's plan to expand the plaza to the lots for retail use behind the plaza
as well. Mr. Clemmey also noted that sewer and water has already been completed.
Mr. Dentino reiterated his thought from the Board's previous meeting that he is against targeting
an area and this is a prime example. He felt it becomes a situation where the Selectmen control the
license and the area and is not fair and business should be able to find their own opportunity. He
stated the licenses should be open. Mr. Moran is not looking at this whole process as "fair or not
fair" and he does agree that there should be some licenses left opened but he firmly believes that
part of the reason the Town is doing this is as a way to drive development. He stated this is not a
fairness questions but a policy and trying to drive development through this policy. Mr. Moran
stated that unfortunately in these economic times if the Town does not expand its
commercial/industrial base it will drown quicker than we currently are. He felt the fairness of the
alcohol licenses has been dealt with at the State level where the Town's population numbers
defines the number of licenses these are additional licenses to be used as a tool and likened it to a
TIF (tax increment financing). Mr. Dentin is not fighting policy but didn't believe that the
driving of development should be achieved through liquor licenses and noted there are other things
that could be done.
Mr. Kozlowski inquired that if the Board had voted for seven unrestricted licenses would that have
decreased the chances of gaining the licenses from the State. Mr. Hucksam stated the targeted
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licenses have the argument that these licenses have a rational basis for believing they will have the
effect of driving development.
Mr. Annino felt that the Board needs to have reasons for doing things. He felt it did not make sense
to ask for seven arbitrary licenses and is not a reason. He explained that the State says we are
allotted a number of alcohol licenses to give out and now the Town is asking for more therefore,
the Board needs to have reasons to ask for additional licenses. Mr. Annino agreed with Mr. Moran
that if this is a development reason or assisting the downtown or shopping center these are rational
reasons.
Chairman Aptowitz reminded that in this case the residents will be making the call and that the
Board is crafting the Article.
Mr. Karl Clemmey, 175 Essex Street, stated it is fine what the Board is doing but that they are the
big tax payers in Town. Mr. Clemmey stated that as the Licensing Authority the Board must
realize that designating a license for the Chocolate Factory area which is an I2 zone, currently does
not allow for liquor licenses. Mr. Clemmey was upset that the Board did not seek advice from the
existing businesses in Town and did not understand why his property at Erin's Center was
considered.
Mr. Ross explained to Mr. Clemmey that this was simply an oversight and frankly not thought of
and it was discussed at staff level that the Town did not realize there was space still available there.
Mr. Ross did apologize to Mr. Clemmey for that. He suggested with the realization that there is
space there, that the Board increase the licenses to eight and target that license for the Erin Center
area to put them on equal footing with the other establishments. Mr. Ross also noted that in
speaking with Mr. Hucksam and some members of the legislature that the legislature looks more
favorably on these if they have an area targeted and reasons for that.
Mr. Annino did not mind editing the warrant to include Erin's Center.
Mr. Kozlowski noted that the Board put two licenses at Mansfield Crossing which included the
area across the street and one at the Chocolate Factory and felt it would be fair to allot one
additional license at Erin's Center and then two unrestricted licenses overall.
Mr. Moran felt that due to the acreage available at Erin's Center he would not be opposed to two
targeted licenses there. He felt the Town cannot go back and ask the legislature for more and that
the time to do this was now.
Chairman Aptowitz reminded the Board that the Draft Article currently contains seven licenses
(designated as follows: two at Mansfield Crossing, four for the downtown/train station (which
need to be defined) and one for the Chocolate Factory).
Motion: To add an additional all alcohol restaurant license with a 7 year sunset clause for Erin's
Center (Kozlowski/ )
Motion failed for lack of a second.
Motion: By the ways and means of the Erin's Center area (I1 zoned area) to add two all alcohol
restaurant licenses with a 7 year sunset clause included (Moran/Annino)
Discussion:
Board Of Selectmen's Meeting February 26, 2014
Page 3 of 9
Mr. Kozlowski felt that only one license has been designated for other developments and would
only make sense to designate one for this development and to have a couple that are unrestricted.
He felt that the Board has gone from not including them to allotting more for them. Chairman
Aptowitz noted that the Board is hearing from the owners that there is room for additional licenses.
Mr. Kozlowski stated that had his motion passed he would have made an additional motion for
unrestricted licenses.
Motion: By the ways and means of the Erin's Center area (I1 zoned area) to add two all alcohol
restaurant licenses with a 7 year sunset clause included (Moran/Annino) PASSES 3:1:1 Kozlowski
NAY, Dentino ABSTAIN
Motion: For three unrestricted all alcohol restaurant licenses with a 7 year sunset clause
(Kozlowski/Moran)
Discussion:
Mr. Moran would like to amend the motion to include that the target area license would need to be
used first. Mr. Amrino felt that to be too arbitrary.
Motion: For three unrestricted all alcohol restaurant licenses with a 7 year sunset clause
(Kozlowski /Moran) 2:3 FAILS Annino, Aptowitz, Dentino NAY
Motion: For two unrestricted all alcohol restaurant licenses with a 7 year sunset clause
(Kozlowski/Moran) FAILS 2:3 Annino, Aptowitz, Dentino NAY
Motion: For one unrestricted all alcohol restaurant license with a 7 year sunset clause
(Kozlowski/Moran) FAILS 2:3 Annino, Aptowitz, Dentino NAY
Mr. Dentin would like to explain his abstention in that he is against targeting licenses and
secondly he thought in fairness there should be a license there and where they are in conflict with
each other he abstained.
Mr. Kozlowski would like to amend the motion from the previous meeting in regards to clarifying
the downtown area to include the map defining that area by Shaun Burke, Town Planner. Mr. Ross
explained that the blue area is the proposed TOD area and the red over which overlaps is the
downtown area following Main Street. Chairman Aptowitz noted that he had voted against this
motion due to the possibility that all four licenses could be used downtown with nothing left for
the train station area. The Chairman suggested proposing for separate zones.
Motion: Amend previous meeting's motion for a total of five all alcohol restaurant licenses with a
7 year sunset clause where three licenses are to be designated for the blue area and two licenses are
to be designated by the red area as defined by the map provided (Kozlowski/ )
Motion failed for lack of second.
Motion: Amend previous meeting's motion for a total of four all alcohol restaurant licenses with
a 7 year sunset clause where three licenses are to be designated for the blue area and one license are
to be designated by the red area as defined by the map provided (Kozlowski/Moran) 2:3 FAILS
Armin, Aptowitz, Dentino NAY
Motion: Amend previous meeting's motion for a total of four all alcohol restaurant licenses with
a 7 year sunset clause as defined by the map provided within the red and blue lines
(Moran/Annino) 2:3 FAILS Aptowitz, Dentino, Kozlowski NAY
Board Of Selectmen's Meeting February 26, 2014
Page 4 of 9
Motion: For the four all alcohol restaurant licenses with a 7 year sunset clause that were
designated to the downtown/train station area at the previous meeting be targeted to the blue area
only as defined by the map ( Aptowitz/ )
Motion fails for lack of second.
Motion: For the four all alcohol restaurant licenses with a 7 year sunset clause that were targeted
to the downtown/train station area at the previous meeting be designated as two for the blue
highlighted area and two for the red highlight area as defined by the map (Annino/Moran)
PASSES 3:2 Aptowitz, Dentino NAY
There was a discussion following the motion that the overlap area on the map would be included
with the blue highlighted area.
Mr. Ross noted there will be a placeholder on the warrant as the deadline for Articles is Monday,
March 3`d and Rich IIucksam will draft the Article.
Mr. Ross reported that one of the items included in the Strategic Development Plan was the
possibility for the Town to create an Economic Development Corporation (EDC). He explained
that EDCs have a significant amount of authority to work in economic development areas where
they can buy and sell properties, with the approval of Town Meeting can issue bonds, with Town
Meeting approval they can take condemned property by eminent domain and can engage in
economic development activities. The Town is not allowed to create an EDC by State law because
it does not meet the standards in State law for unemployment but noted that other communities
around the State have done so through Home Rule Petition and are active and functioning.
Mr. Ross pointed out that there are safeguards so that the EDC could not get too out of field. One
that he felt was extremely important was that the EDC has to prepare development plans to be
presented and approved at Town Meeting before it may proceed. He also noted approval will be
needed at Town Meeting for any condemnation action, which is a two thirds vote, and if the EDC
is going to issue debt that is not supported by revenue of a project it will also need Town Meeting
approval. Mr. Ross explained that the Board of Selectmen will appoint the members of the EDC
and specific skills are needed.
Mr. Ross is bringing this before the Board for two reasons. First, the Town is taking the Strategic
Plan and are working to implement that plan. Secondly, especially in the Cabot Park area, the
EDC provide a tool for the Town in working to assemble land to work with diverse owners and act
as an agent of the Town. He referenced the Industrial Development Commission but unfortunately
the IDCs have little or no authority as an entity to accomplish goals and are more promotional. Mr.
Ross personally felt it was a good idea but that it is a major policy decision for the Board to
consider. A final decision is not needed tonight but at this point it is a complex document to read
through and Mr. Ross will continue working on this unless otherwise told.
Mr. Kozlowski commented that he has general questions such as why and does the EDC have the
right to change zoning that exists. He noted it doesn't have sovereign immunity and it can borrow
but noted so can a private developer. IIe keeps going back to why?
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Mr. Moran stated he is a big proponent of Town Meeting government but the facto of the matter is
that it moves slowly. He felt an EDC would allow the Town to react quickly and make
autonomous decisions and in today's world you need to react quickly. Mr. Kozlowski debated that
a private entity can move even faster. Mr. Annino commented that the private entity would not be
acting in the Town's best interest.
Mr. Dentino has previous experience with EDC and was disheartened by some of the practices. He
felt that some of the wording that was expected in order to obtain grants depicted Mansfield in a
negative light. He is proud of what Mansfield is and has a personal opinion of negativity when it
comes to EDC grants.
Chairman Aptowitz suggested an additional workshop regarding the EDC to which Mr. Ross
agreed and would schedule. Mr. Ross re- emphasized that he is bringing forward the items within
the Strategic Plan for the Board's decision to make.
Mr. Ross reported there will be a Budget Committee meeting next Thursday, March 6 "'.
Mr. Ross also received an email from the MMA that reported the House Committee is starting to
mark up their version of the budget and vote. Mr. Ross placed phones calls with our
representatives regarding support of MMA's position for increasing in the unlimited general
government aid as well as the funding for the School's account specifically transportation and
special education.
Mr. Ross noted he met with Brenda Hodges, Ed Vozzella and John Stanbrook today and it appears
the budget is still about $600,000 off but they continue to work together to bring the numbers
together.
Mr. Ross reported that the recommended health insurance rates were voted on and will be a 3%
increase but where the Town originally budgeted for 5% there will be about a $200,000 savings.
He noted that Town Treasurer Jackie Boudreau is working on that calculation. IIe noted that the
State reauired audit of eligible emDlovees for health insurance is ongoing.
Karl Clemmey, 175 Essex Street, wanted to bring two issues to the Board's attention. The first
was regarding an electronic voting system for Town Meeting. Mr. Clemmey distributed
information to the Board and asked that they review it and felt they would find it interesting. He
explained the process would make for a smoother Town Meeting and provided anonymity for the
residents when voting. He also noted that the process is currently being used in Framingham and
Chelmsford and stated he would be willing to contribute to the cost through the collection of funds
for a stipend with the assistance of other local businessmen. Mr. Clemmey would be willing to
coordinate the demonstration of the system if the Town would like his assistance.
Secondly, Mr. Clemmey was frustrated with the lack of lighting in the commuter parking lights.
He stated that his business pays its taxes and detail fees and found it frustrating that there is still
limited lighting for the commuters, which 90% are Mansfield residents, in his lot since the former
Town Manager removed them.
He also informed the Board that on Sundays during the NFL season there is an increasing amount
of commuters (about 200 — 300) parking at the train station taking advantage of the train heading to
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Page 6 of 9
Gillette Stadium. He wanted the Board to be aware that there is tailgating occurring on Town
property and brought a number of photos taken from several games as evidence. He felt it was
getting out of hand and noted it is not to the Town's advantage. Mr. Clemmey's concern is that he
is charged a fee for a detail during the week and it appears that the Town of Foxboro is not
compensating Mansfield for what seems to be an increasingly popular destination to tailgate prior
to games at no charge.
Chairman Aptowitz appreciated Mr. Clemmey bringing this to the Board's attention and stated
that he had no idea of this occurrence. Mr. Ross stated he too did not know this was happening and
he would follow up with Police Chief Sellon immediately.
Mr. Dentino inquired as to how the Town could stop people from parking there when it states
FREE parking on.Saturdays and Sundays. Mr. Ross noted that the Town cannot stop people from
parking BUT that the tailgating (drinking) is prohibited is not appropriate. Mr. Dentino furthered
his point by stating if the Town was to do it there why the Town wouldn't include the Comcast
Center. Mr. Ross noted the difference is that the Cornetist Center is private property.
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes January 29, 2014
Motion: To approve the Board of Selectmen Minutes for January 29, 2014
(Annino/Kozlowski) PASSES 5:0
B. Approval of Warrants
Town Vendor Warrant No. 14O34T $188,672.08
Motion: To approve Town Vendor Warrant No. 14034T $188,672.08
(Annino/Kozlowski) PASSES 5:0
Electric Department Vendor Warrant No. 14034E $765,313.72
Motion: To approve Electric Department Warrant No. 14034E $765,313.72
(Annino/Kozlowski) PASSES 5:0
School Department Warrant No. 14O34S $461,054.64
Motion: To approve School Department Warrant No. 14034S $461,054.64
(Kozlowski /Moran) PASSES 5:0
Town Payroll Town Medicaid Payroll Warrant No. 14034PT $276,451.94
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14034PT
$276,451.94 (Annino /Kozlowski) PASSES 4:1 Dentino NAY
Town Deductions Vendor Payroll Warrant No. 14034TV $86,090.42
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14O34TV
$86,090.42 (Annino/Kozlowski) PASSES 5:0
Town Vendor Warrant No. 14O35T $351,318.60
Motion: To approve Town Vendor Warrant No. 14035T $351,318.60
(Amiino /Kozlowski) PASSES 5:0
Electric Department Vendor Warrant No. 14035E $34,185.67
Motion: To approve Electric Department Warrant No. 14035E $34,185.67
(Annino/Kozlowski) PASSES 5:0
Town Payroll Town Medicaid Payroll Warrant No. 14035PT $340,628.59
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14035PT
$340,628.59 (Annino /Kozlowski) PASSES 4:1 Dentine NAY
Town Deductions Vendor Payroll Warrant No. 14035TV $106,705.31
Board Of Selectmen's Meeting February 26, 2014
Page 7 of 9
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14035TV
$106,705.31 (Annino /Kozlowski) PASSES 5:0
School Payroll School Medicaid Payroll Warrant No. 14035PS $1,429,414.51
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14035PS
$1,429,414.51 (Dentino /Kozlowski) PASSES 4:1 Annino NAY
School Deductions Vendor Payroll Warrant No. 14035SV $484,075.88
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14035SV
$484,075.88 (Annino /Dentino) PASSES 5:0
C. License and Permit Approval
• Consideration of Common Victualler Application for CNC Yogurt Inc. dba Orange Leaf
Frozen Yogurt
Motion: To approve the Common Victualler License for CNC Yogurt Inc, dba Orange
Leaf Frozen Yogurt subject to final inspections from Board of Health and Building
Department (Moran/Kozlowski) PASSES 5:0
• Consideration of Common Victualler Application for White's Pastry Shop
Motion: To approve the Common Victualler License for White's Pastry Shop subject to
final inspections from Board of Health and Building Department (Annino/Kozlowski)
PASSES 5:0
• Consideration of Application for Mansfield Youth Baseball Spring Parade, April 26, 2014
Motion: To approve the application for Mansfield Youth Baseball Spring Parade
(Annino/Kozlowski) PASSES 5:0
• Consideration of Application for 2014 Water Installers License for Christian & Feck
Development Corp.
Motion: To approve a 2014 Water Installers License for Christian & Peck Development
Corp. (Annino /Kozlowski) PASSES 5:0
W
The Town has received a letter from the Southeastern Regional School District scheduling a
meeting and public hearing on Tuesday, March 11 °i at 6:30pm regarding the FYI budget. It will
be held in the media room at the school. Mr. Ross noted the Town has still not received
information from Southeastern regarding its budget.
Mr. Ross reported the DPW took advantage of the good weather over the weekend and has been
able to do some patching on the streets with two sets of crews. The Town is working diligently and
has created space on its Facebook page for residents to report any holes so that we can get them
into the record and dispatch crews.
Nick Riccio and Shaun Burke joined Mr. Ross in a meeting with members of Covidien regarding
alternatives for their site as their lease is up in 2017.
Mr. Ross received and will distribute a copy of the initial fiscal impact analysis for the Chocolate
Factory to the Board.
Mr. Ross reminded that the Warrant for Town Meeting closes this Monday, March 3rd at 4:00pm.
Mr. Ross will be meeting with the appropriate staff to ensure that everything needed is in place and
noted it is important that except for Citizen Petitions and items for appropriations (required by law)
the Board of Selectmen are the gatekeepers on the final Warrant.
Board Of Selectmen's Meeting February 26, 2014
Page 8 of 9
Mr. Ross asked the Board to reserve May 6 for Town Meeting.
Mr. Moran would like to wish his father a Happy 84 "' Birthday.
Mr. Kozlowski thanked Brenda Hodges for use of the high school for the Common Core Forum
last evening on educational standards. He felt it was a well - balanced panel and great discussion.
Mr. Kozlowski reported that the group spearheading the revitalization of Memorial Park went
before the Parks and Recreation Commission last evening and would be scheduling some time
before the Board on their plans.
Mr. Kozlowski met with the At Noor Academy earlier and found it very interesting that all their
Juniors /Seniors are dual enrolled in college therefore graduating from high school with an
Associate's Degree.
Mr. Dentino felt that Mansfield did a decent job with the last few snow storms and liked the stripes
and acquired about the cost differentiation. Mr. Ross noted it is about a third to a quarter of the
cost of spreading salt. Mr. Dentino felt it will be a horrible season for repairs of the frost heaves
and pot holes and is a losing battle not germane to Mansfield.
Chairman Aptowitz reported that the Snow and Ice Budget is currently about $185,000 short
(rough numbers). He had attended the Finance Committee's meeting a few weeks ago and spoke
that it could be about $200,000 - $300,000 at least. Mr. Dentino asked if that included the
Overtime Budget to which Mr. Ross noted it did. Mr. Ross stated that in going through the Capital
Budget items there is some Free Cash available and some of that could be allocated at Town
Meeting for payment of the overage.
Chairman Aptowitz has contacted the new director of the Deutsche Bank Championship Mike
Antolini regarding receipt of donation due from last year's Deutsche Bank Championship and to
also schedule a meeting between he and Mr. Ross.
Chairman Aptowitz wished his son Mark a happy 16th birthday as well Mr. Moran's dad.
None
Motion: To adjourn the BOS meeting at 9:12pm (Kozlowski /Annino) PASSES 5:0
Signature of Clerk 066 -Er^ moils j
/Tracey Whalen �fi t, C(erl<
Board Of Selectmen's Meeting February 26, 2014
Page 9 of 9
-1 7 - Zo1
Date of Approval