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HomeMy WebLinkAboutBOS MINUTES 3-05-2014Board of Selectmen Minutes March 5, 2014 Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George Dentine, Olivier Kozlowski and William Ross; Town Manager Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is for the Town of Mansfield are present before the Board. Mr. Lopes stated that this budget has yet to be approved and is only a proposed budget. He noted that the public meeting regarding this budget is next Tuesday, March I Id'. Chairman Aptowitz mentioned that he and Mr. Ross met with Mr. Lopes, Mr. Flannery and Mark Morris, Business Manager, for Southeastern Regional School District earlier in the week. Mr. Lopes reported that the budget is based on student enrollment and that in total the budget for FYI is $23,092,871, which represented a 1.73% increase over the previous year. The budget is broken down in several components: Foundation (what the school is proposing for operating budget) and Required Foundation (what the State deems necessary, ic: Chapter 70 aid plus net school spending). The State's portion of the budget is $21,227,292 but Mr. Lopes noted he is requesting an additional $115,325 but has recommended to the Committee to take that out of the District's E &D (excess and deficiency account). These are set numbers proposed by the Governor and Mr. Lopes explained that as they found out last year there were changes that resulted in an adverse effect to the Town of Mansfield. Mr. Lopes explained that in terms of transportation costs (down over 5 %) regional school districts are not allowed, under law, to charge for transportation and must provide transportation to all students who live more than a mile and a half from the district. He noted that under the law, Towns are to be reimbursed by the State 100% but in his eight years at Southeastern it came as close as 90% one year and as low as 25% another year. Of the $757,299 cost, communities have to pay $556,000 and noted that is divided according to the regional agreement where Mansfield pays 4.6 %. Other expenditures included Capital Equipment, which has always been $192,000 and has not been increased in 15 years. Mr. Lopes reported that although not part of the budget, the school district is required to disclose other assessments which included escrow payments and accrued unused vacation time and sick days (Chapter 40, Section 13d). Mr. Lopes explained that the Operating Budget is up 1.65% and that the Operating Local Assessment has increased 5.63% which he noted is set by the State and that the school has no control over. IIe further explained that this number is based on 25% Target Sharing where Mansfield is one of six out of the nine communities that pay more than its fair share according to the formula. He stated that in FY15 Mansfield's Target Aid is over $2 million (not just for Southeastern but for all education spending) and is being shorted over $2 million in State aid. He explained that under the law the Town was supposed to be made "whole" over a five year period, Board Of Selectmen's Meeting March 5, 2014 Page I of 7 meaning slowly receive back the funds but that has not happened. He noted that the Governor is recommending 50% this year and the numbers assume that Mansfield will receive 50% of that $2 million. Unfortunately, Superintendent Lopes pointed out that last year's numbers were 100% receipt but were revised, after Town Meeting, to only 25 %, which caused a lot of Towns to scramble. Chairman Aptowitz noted that this document was received last Thursday in Mr. Ross' office. When reviewing the document it was noted that the increase over last year's local assessment number was $171,513 and was not what the Town had budgeted. Chairman Aptowitz asked Mr. Ross to set tip a meeting prior to the presentation to review the numbers. Mr. Ross stated that he has reviewed the Assessment Data historically from FYI through FYI ($312,312 to $690,358) and was astounded to note that it has been an average increase of 20% per year. Mr. Ross also found it troubling that the Town is dealing with required school spending when apparently Southeastern Regional can set whatever number that is and then Mansfield has to make up that difference which leaves the Town less to spend on its own students. I-Ie felt it is taking resources away from the students in the Mansfield schools to pay these bills and indicates a problem at the State level especially where Mansfield is pay $10,000 a student and Brockton is only paying $3,000. Mr. Moran explained that the State's philosophy is income redistribution and is to the point now that it is redistributing to the Town's detriment. He felt it is not something can be solved at a local level and noted that students in Mansfield will suffer because the Town is subsidizing for student going to the Regional schools. Mr. Kozlowski stated he understands the value of what is provided to the students at Southeastern Regional and is not pointing fingers but the cost of a student attending Southeastern who lives in Mansfield is 3x higher than what the Town of Brockton is paying to send a student for the same services. Mr. Flannery noted that once the budget is set Southeastern cannot go up, it can only go down. Chairman Aptowitz asked if Mr. Flannery's counterparts are discussing these same issues to which he explained that Sharon and Foxboro who are also upgraded higher are concerned as well. Superintendent Lopes reported that on the School Committee along with MMA and other educational representatives testified in front of the House Ways and Means pushing funding of Target Aid and adding $30 million this year. Mr. Ross explained that the Board's function is to make a recommendation at Town Meeting of how much to put in the budget and if 2/3 of the member communities accept then the budget is approved. I-Ie further explained that if 2/3 does not accept the school then operates on a month to month budget but noted there is a bear trap there because you can't accept a budget less than what the State says it can be. Chairman Aptowitz noted it really isn't the budget but the allocation. Mr. Annino commended Superintendent Lopes on keeping his Operating Budget at only an 1.73% increase and is admirable. Mr. Dentin stated that in his experience over the years no one has been able to explain the formula and that in the earlier years Mansfield's allocation was always lower than what it should have been in comparison to other surrounding communities. He felt that the change carne about from the Board Of Selectmen's Meeting March 5, 2014 Page 2 of 7 State trying to make up for what happened in previous years. Superintendent Lopes furthered Mr. Dentino's point and stated the change came from a case in 2004 - Hancock vs. Commonwealth of Massachusetts. Mr. Ross reported that his office has prepared a letter to each of the Town's State Representatives and State Senator addressing the issue of Target Aid for the Board to review and sign. Mr. Ross' office has also contacted each of these representatives and invited them to attend the Board's meeting on March 121" or the 19 °' to discuss Budgetary and Legislative issues. He reported that the only issue is that the Legislature is in session on Wednesdays and it could be hard for the members to commit. Mr. Dentin inquired as to the number of buses the school has and if they are leased. Superintendent Lopes reported there are 26 buses and all are owned by the school with over 24 rums. He reported there are some students that are on the bus for about an hour and buses are at capacity. Mr. Dentino did note that great strides have been made and is very pleased with the consistency of the budget and noted that is due to Superintendent Lopes. lie also had great respect for Mr. Flannery's involvement in the process as Mansfield's representative for over 15 years. Mr. Ross reported that the Health Group Board has approved rates, which when run in detail through the Town's system (each individual), amount to a reduction of approximately $600,000. The Town had originally budgeted for 5% and the number was actually 3% and Mr. Ross noted that new Town Treasurer Jackie Boudreau then ran detailed numbers per person which made tip the difference. Mr. Ross noted that the Town is still waiting for the rates on the Dental side. He felt an excellent job has been done with these numbers and felt that the Health Group has adequate reserves to absorb costs. Mr. Dentine felt it Nyasa super job done. Mr. Ross noted that the Budget Sub - Committee will be meeting tomorrow night (March 6th) and that the Finance Committee is meeting Saturday morning (March 8t) with various municipal departments. He reminded that these meetings are open to the public. Mr. Ross noted that he; John Stanbrook, Brenda Hodl;es and Ed Vozzella have pledi4ed to work together. Michael Galanti, 265 Willow Street, is questioning when the Board became aware of the Mansfield School System outsourcing the maintenance department. He distributed a document (Press Release) to the Board and Mr. Ross which stated that in FY14 the School and Town came together and balanced the budget with no reductions in staff on the School or Town side. Mr. Galanti is questioning the timing of the memo and the decision to outsource the maintenance department. Chairman Aptowitz explained that the Schools do not consult with the Board of Selectmen as to decisions of this nature and have complete statutory control over their budget. Mr. Galanti also wanted to make the Board aware that on many occasions in the past the Mansfield School's maintenance department (which included a licensed electrician and a heating and air conditioning technician), under the direction of Mike Ahern, assisted on many Town projects. These projects included at Town Hall (creation of office space on lower level for MIS), security camera installation at Memorial Park and projects for the Housing Authority and Council On Aging. Chairman Aptowitz suggested for Mr. Galanti to address the School Committee as the Board of Selectmen do not make those decisions. Mr. Ross and Ms. Hodges he explained work collaboratively as the two Chief Executives of the Town to balance the budget. Board Of Selectmen's Meeting March 5, 2014 Page 3 of 7 A. Review and Approval of Minutes of Meetings • Board of Selectmen Minutes February 5, 2014 Motion: To approve the Board of Selectmen Minutes for February 5, 2014 (Kozlowski /Annino) PASSES 5:0 B. Approval of Warrants Town Vendor Warrant No. 14O36T $1,404,684.80 Motion: To approve Town Vendor Warrant No. 14O36T $1,404,684.80 (Kozlowski /Moran) PASSES 5:0 Electric Department Vendor Warrant No. 14036E $20,620.78 Motion: To approve Electric Department Warrant No. 14036E $20,620.78 (Kozlowski/Moran) PASSES 5:0 School Department Vendor Warrant No. 14O36S $426,686.79 Motion: To approve School Department Warrant No. 14O36S $426,686.79 (Kozlowski /Annino) PASSES 5:0 Town Payroll Town Medicaid Payroll Warrant No. 14O36PT $288,586.46 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14O36PT $288,586.46 (Kozlowski /Annino) PASSES 4:1 Dentino NAY Town Deductions Vendor Payroll Warrant No. 14O36TV $89,726.66 Motion: To approve Town Deductions Vendor Payroll Warrant No. 14O36TV $89,726.66 (Kozlowski /Annino) PASSES 5:0 C. Banner Approval • Consideration of the Keep Mansfield Beautiful Banner Application for The Great American Cleanup Motion: To approve the banner for the Great American Cleanup (Amiino /Kozlowski) PASSES 5:0 D. Correspondence • Notification of the Serving Alcoholic Beverages Through a Caterer's License By Russell Morin Fine Caterinp As Required by the Massachusetts General Laws 12C Caterer License Chairman Aptowitz asked Mr. Moran to first read the letter being sent to the Town's State Representatives from the Board, regarding support of Target Aid. Mr. Ross. The letter explained the Town is asking for their fidI support of Chapter 70 and Target Aid. Motion: To sign and send the letters to each of the Town's State Representatives and Senator (Moran/Annino) PASSES 5:0 Mr. Ross reminded the Board that Mr. Clemmey had suggested using electronic voting at a previous meeting. Mr. Ross found the information intriguing but through some research done by Town Clerk, Marianne Staples, there is a Town By -Law that requires a show of hand vote or secret ballot of 25 %. So, although he felt it was a good idea, a change in the By -Law would be needed and if the Board would like to move forward it is something that could be scheduled for next year's Warrant. IIe also noted that more serious research would need to be completed regarding the security of the system. Mr. Ross did inform Mr. Clemmey. Mr. Ross reported that Wastewater District Agreement was very close to completion. Mr. Ross informed the Board that the Town continues to work with the Town of Norton on the possible extension of the trail. The status of the extension is that Norton has filed an application Board Of Selectmen's Meeting March 5, 2014 Page ,t of 7 with the State regarding funding. Mr. Ross felt that the Town was not in a position or should be in the position to put money towards that as it is their extension. Mr. Ross reported that Katelyn Merrill and Sherri Gurnon have been working on an update to the Open Space Recreation Plan. He noted to Ms. Merrill's credit she was able to receive a grant through SERPDD and move fonxard at a lower cost to the Town. Mr. Kozlowski reported that he went to his Alma mater to view presentations /proposals by the Northeastern engineering students regarding the corridor between 140 and the train station and then the train station as a whole. He felt the presentations would spark some debate and noted they are planning to come before the Board in late April. Mr. Kozlowski noted there was an Xfinity Center Sub - Committee meeting yesterday (Tuesday, March 4'h) and felt they are close to where they need to be and was progressing smoothly. Chairman Aptowitz asked those minutes from the meeting to be distributed to the Board. Mr. Kozlowski had mentioned in an online discussion that perhaps society should look at the laws we have and whether they are relevant and outdated. He felt that maybe the Town should review its By -Laws. He then asked for the status of the codification process to which Mr. Ross stated they are close to having it in order but still need to review and identify any conflicts. Mr. Ross noted a By -Law will be needed to accept the codification and that will not happen for this Town Meeting. Mr. Kozlowski noticed and found it interesting that Attleboro will begin quarterly reports between a representative of the School Committee and its City Council. He felt it may be something that this Board should think about. Mr. Dentino noted that the Board has not discussed a number of legal cases that are ongoing. He would like to see an Executive Session scheduled prior to Mr. Moran leaving. Mr. Ross will follow up with David Jenkins, Counsel, to schedule that discussion. In a final note on the evening, Chairman Aptowitz spoke regarding a meeting with Mike Antonelli, the new VP of the Deutsche Bank Championship. Mr. Antonelli donated, on behalf of the Tiger Woods Foundation, $25,000 for last year's tournament. Motion: To accept the $25,000 donation (Atmino /Moran) Discussion: Mr. Dentine, would like to table the motion for next week. Mr. Annino tabled the motion. Chairman Aptowitz also wished his wife a None Mr. Ross presented a slide show addressing the Strategic Plan's proposed creation of an Economic Development Corporation (EDC). Mr. Ross defined the EDC area as including "blighted open Board Of Selectmen's Meeting March 5, 2014 Page 5 of 7 area" or "decadent area" as defined in M.G.L. ch. 121B, §1. He noted that establishing the Corporate Body would include seven members, for a three year term, and to be appointed by the Board of Selectmen. The members would include: member with industrial /commercial development experience, member with financial experience, member with real estate experience, member with municipal government experience, member from community at -large plus two additional. He noted that the key element here is that the Board of Selectmen can remove any member at any time, without cause or public hearing. Mr. Ross explained that the EDC can do a lot of things which included: enter into contracts, receive aid from Federal, State, Town and other sources, borrow money and issue bonds, prepare plans and estimate costs of construction and redevelopment, designate economic development areas (with Town Meeting approval), acquire property (through the use of eminent domain after public hearing and 2/3 majority vote at Town meeting), accept tax title property. Mr. Ross presented that the ECD project can only be undertaken after: 1) Public Hearing and 2) Plan has been approved by 2/3 vote of Town Meeting. Mr. Kozlowski in reviewing what was distributed last week noted a contradiction regarding the removal of a member. Previous information showed the removal of a member would require notice and a public hearing which differed from this presentation. Mr. Ross would investigate the contradiction. Chairman Aptowitz noted establishment of the EDC would mirror an Ad Hoc Committee. Mr. Ross stated that the set -up of the committee would require a Home Rule Petition to the Legislature and is the purpose of this discussion. He explained to the Board that as a policy matter it needed to decide if it wants the petition on this spring's Town Meeting Warrant. He went on to explain that if the Board decides to move forward then the residents will then vote at Town Meeting. Mr. Annino asked how the EDC borrowed money to which Mr. Ross explained it could borrow money on its own against proceeds from projects but must demonstrate a cash flow to service that debt. Mr. Annino asked how the EDC would get started. Mr. Ross stated that it could receive an infusion of funds from Federal, State, Town or other sources. Mr. Annino asked if the EDC could obtain State and Federal Grants to which Mr. Ross stated yes and could write their own grants. Mr. Kozlowski inquired if a non - profit (not created by Special Legislation) could receive the same grants to which Mr. Ross noted that there are quite a number of grants, especially Federal, that are available only to governmental entities and this is considered a governmental entity. Mr. Kozlowski felt through his research (where he found a Massachusetts Association of Community Development Corporations) it seems that the focus is on different things than what the Town is considering. Mr. Kozlowski is still trying to get an answer as to why and what are the advantages. Mr. Ross noted an EDC can move faster once the plan is approved. Mr. Kozlowski felt a non -profit or a private entity could move even faster. Mr. Kozlowski also noted that from the Northeastern presentation he attended that the younger generation is focused on the "live- work" concept and what attracts them to settle in area. He noted that regionally there is a NFL stadium, a slots parlor coming soon, airport and golf course, which are draws for development, and perhaps a discussion should be had with surrounding communities. He again questioned whether an EDC or the private sector would be best suited to managing the redevelopment. Board Of Selectmen's Meeting March 5, 2014 Page 6 of 7 Mr. Dentino has two issues. First he did not feel that the hiring of Mansfield residents would stand up in a court of law. Secondly, Mr. Dentino is against anybody (an EDC, BOS, Town Manager or committees) making the declarations to put down things, that in his mind, are untrue just to gain a grant, plan or economic committee and noted Mr. Ross is correct in that the Town won't get it if it doesn't do this. Mr. Dentino didn't see the Town trying to start an EDC at the cost of making the Town look bad. He read from Mr. Ross' memo regarding the definition of decadent and blighted areas and felt if that was put on a sign in Mansfield — we wouldn't look very good and felt that making the Town look bad on paper is not the way to go. Chairman Aptowitz asked if Mr. Ross is looking for the Board's support in placing this on the Town Warrant to which Mr. Ross noted that since the deadline was last Monday it is currently on the warrant as a placeholder but it is the Board's decision as to whether it stays there. Chairman Aptowitz did not feel comfortable voting for or against at this time. Mr. Kozlowski is open to hearing more evidence as to why it is needed. Mr. Moran felt there are certain projects that private entities may not want to get involved with unless they could partner with a committee of this nature. Mr. Ross noted one of the things that the EDC can do in cooperation with the private sector is to bring outside funding, primarily State and Federal money, to bear on, for example assembling property. He noted that the private sector would look at assembling that property and say it's far more expensive and trouble and will go to a brand new site and build. Mr. Ross explained the difference in the two really comes down to subsidizing. Mr. Moran felt that the EDC is a useful tool and natural extension to drive development. Mr. Annino stated the easiest thing to do is look at the train station, where there are three entities, the Town and two private developers (that own parcels of land in that area) and how does the Town want to develop that area. He explained that if you have an EDC they could guide the development of that area by either lease /sell the Town's land or buy other land and structure it ourselves instead of letting private concerns develop it. He noted this is not something the Town/Board can do because we don't have the money, time or expertise to do that. Mr. Annino felt that was the strongest example. He did agree with Mr. Dentino's comments that he is wary of placing that amount of power in one board's hand. Mr. Annino felt this is an important enough decision that the board needs to be unanimous as the Board will need to stand up at Town Meeting and answer to the residents and be strong in its convictions. Mr. Annino asked what other towns have EDC's to which Mr. Ross noted Acton. Mr. Kozlowski will forward Mr. Annino the list. There was a discussion involving a company within Cabot Park that met with Mr. Ross, Mr. Riccio and Shaun Burke regarding their desire to find a location within the Town to handle its growth. At this time there are no locations with which the company can work with. It was discussed how the formation of the EDC could assist. Motion: To adjourn the BOS meeting at 924pm (Kozlowski /Amiino) PASSES 5:0 3 ---Z6- zaILI Signature of Clerk OltWei vzlaWS Date of Approval /Tracey Whalen ACfN9 cer* Board Of Selectmen's Meeting March 5, 2014 Page 7 of 7