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HomeMy WebLinkAboutBOS MINUTES 8-20-2014Board of Selectmen Minutes August 20, 2014 Present: George Dentino; Chairman, Jess Aptowitz; Vice Chairman, Doug Annino; Clerk, Frank DelVecchio, Olivier Kozlowski and William Ross: Town Manager Chairman Dentino called the meeting to order. Chairman Dentino reminded that this meeting is being broadcast live by Mansfield Cable Access and taped for future broadcast. Present before the Board is Matthew Cummings, 27 Fulton Street, who recently moved to Mansfield and has always wanted to be involved in local government and local policy. His interest in the Zoning Board of Appeals stems from graduating from law school with experience in real estate law and has dealt in real estate litigation. His experience also includes working closely with the Boston Zoning Board of Appeals. Mr. Aptowitz asked what Mr. Cummings present work experience included to which Mr. Cummings noted he works for a group Buyers /Brokers Only, a real estate brokerage company and noted he has a law office in Canton primarily in real estate transactions. Mr. Aptowitz explained that working on this particular board is quite difficult due to dealing mostly with issues and asked Mr. Cummings how he felt about saying no. Mr. Cummings noted he has had experience working with evictions and foreclosures and has been on the side of unpopular opinion but felt it is what is best for the community and understanding its overall scheme. Mr. Kozlowski thanked Mr. Cummings for volunteering, especially being new to Town. He felt the ZBA to be a great fit for Mr. Cummings given his skill set. Mr. DelVecchio felt Mr. Cummings to be well suited for the ZBA and thanked him for volunteering. Mr. Annino appreciated Mr. Cummings skill set and felt this to be a great way to get to know the community and its residents. He noted the importance of this board in protecting the Zoning By -Laws as they are the fabric of the community. Chairman Dentino thanked Mr. Cummings for coming forward and felt him to be a great fit for this Board. Motion: To appoint Matthew Cummings to an unexpired three year term, expiring January 1, 2015 as an alternate member to the Zoning Board of Anneals (Armin / Antowitz) PASSES 5:0 Present before the Board are Nancy Hinote, Assistant Town Assessor, and Greg Matoian, Chairman of the Board of Assessors. Board Of Selectmen's Meeting August 20, 2014 Page I of 8 Mr. Ross felt it important to note that this will be a discussion involving the conceptual ideas of difference possibilities for a new classification. He explained that it has been scheduled early enough so that if there is something that peaks the Board's interest, options could then be introduced. Ms. Hinote reported that she is still waiting for a list from the Executive Office of Labor and Work Force Management, which contains small businesses in Town having less than 10 employees. The list is then reviewed and businesses must meet specific criteria: be listed with the Labor and Work Force Management, parcel itself must be valued at $1 million or less and must be in Class 3 — Commercial zoning. She did note that if the classification was Mixed Use, ONLY the portion of the parcel that is Commercial would be eligible for the exemption. Once Ms. Hinote reviews the list she notes all the possible parcels eligible for the exemption. From there she calculates the total value of all of eligible parcels where the Board of Selectmen then decides up to 10 %. For this evening's meeting Ms. Hinote went off of last year's information and found that there were 47 potential parcels that qualified, she used 10% as the factor on a value of $12,461,000 to get $1,249,111 where that value will then be shifted to the remainder of the commercial /industrial properties in the Town. Ms. Hinote explained that when plugging that number into the formula the result was that the Residential Tax Rate remained the same, the Personal Property Tax Rate remained the same and the Commercial /Industrial Tax Rate increase by $.04. Ms. Hinote's concern was the benefit would go to the property owner and not to the small business that rents space and questioned the intent of the Board, is it to help the small business or the property owner. Mr. Matoian noted there is another mechanism to give relief to some of the small businesses and that would be through a tax that they all incur which is the Personal Property Tax. He explained this would be a direct relief to the small business if it could be conformed to do what the Board intends. Ms. Hinote noted the Town does have that now as it was voted in at the 2005 Animal Town Meeting and was to exempt any personal property account that has a valuation of $2,000 or less. She stated there are currently 101 "undervalued" parcels. Ms. Hinote then took that finther by raising the exemption from $2,000 to $5,000 which yielded 119 accounts (32 of which were in the downtown district). Mr. DelVecchio asked if the exemption was increased from $2,000 to $5,000 would that shift solely to commercial to which Ms. Hinote reiterated that it has no effect on real property at all. Mr. Ross asked if there was Town Meeting action required to increase the exemption to which Ms. Hinote reported yes. Mr. Aptowitz noted this has been discussed for years and has recently resurfaced in the most recent election with regards to revitalizing the downtown area and that is the concept he is interested in. He noted that at the end of the day it comes down to dollars and cents and is it worth going through. Mr. Aptowitz reminded that at Town Meeting last May the Town voted on what it is going to spend and now the Board will have to decide how to collect that. Mr. Annino stated the Board is trying to help the small business owner but felt this would not help with regards to revitalization of the downtown. Board Of selectmen's Meeting August 20, 2014 Page 2 of 8 Mr. DelVecchio asked what the limit of the exemption is to which Ms. Hinote noted $10,000. Mr. Ross reviewed the statute which clearly states the legislative body in order to raise the exemption must go to Town Meeting. Mr. Kozlowski asked what the $10,000 exemption is to which Ms. Hinote explained any business under $10,000 value. Chairman Dentino noted the Board went into this with the idea of assisting small business but not at the expense of the business that are not small. Mr. Ross felt if the Board wants to give relief to small businesses then the personal property tax exemption both because it is the easiest way to administer and secondly because there is no shift. The downside is the Town cannot do anything this year as there will be no Fall Town Meeting so there will be no immediate benefit. Mr. Ross felt the Town would need to start now in order to have the concept. Motion: To appoint election workers for a one year term from September 1, 2014 through September 1, 2015 as presented (Kozlowski /DelVecchio) PASSES 5:0 Mr. Ross noted that this is a donation to purchase and bench and install along the bike path. Mr. Ross reported the donation is for $1,200. Motion: To accept the offer of the gift from the Justin Dye Memorial Fund for purchase of a bench in memory of Justin Dye to be located on the bike path (Aptowitz/Kozlowski) PASSES 5:0 Mr. Annino asked to send a letter to the Justin Dye Memorial Fund. Motion: To accept the surrender of the all alcoholic club license for the VFW Post No. 3264 YANNhN J:U Mr. Kozlowski asked if the substance was to have this read more clearly. Mr. Ross noted ves and explained that Town Meeting gave the Board of Selectmen approval to make editorial changes as long as it did not change the intent of the legislation. This will be the final step to move this bill forward. Motion: To accept the changes to the Home Rule Petition Legislation (Kozlowski /Armin) PASSES 5:0 This was a topic that was suggested by Mr. DelVecchio. It is his thought that perhaps the Board should set aside time at each meeting to discuss some of the broader issues such as Board Of Selectmen's Meeting August 20, 2014 Page 3 of 8 communications, budget /finance and other specific topics which could enhance or augment Mr. Ross' list which was distributed at a previous meeting. Mr. Annino felt this topic to be important. It was his hope to compile all the lists with Mr. Ross' so that the Board is aware and work to prioritize. Mr. Ross felt this discussion to be timely as the Town has asked Dr. Mullen to return to assist in reviewing the Strategic Plan, Chairman Dentino asked each Board member to submit their list for compilation and upon review the topics will be discussed in conjunction with the appropriate Boards and Committees. Mr. Ross noted the importance of prioritizing due to the Town having limited resources. None. Y. �l mi . h *: ra %'-i Yn.:,..x. i .+.��.. n. . ✓... a., c. li lfr .wiim.. n�.-. nom. � .. :.-. .. ..3=J rt A. Review and Approval of Minutes of Meetings • Board of Selectmen Minutes August 6, 2014 Motion: To approve the Board of Selectmen Minutes for August 6, 2014 (DelVeechio /Aptowitz) PASSES 5:0 B. Approval of Warrants • Town Vendor Warrant No. 14058T $36,920.72 Motion: To approve Town Vendor Warrant No. 14058T $36,920.72 (Aptowitz/Kozlowski) PASSES 5:0 • Town Vendor Warrant No. 15007T $3,824,670.19 Motion: To approve Town Vendor Warrant No. $3,824,670.19 (Aptowitz/Kozlowski) PASSES 5:0 • Town Payroll /Town Medicaid Payroll Warrant No. 15007PT $364,850.06 Motion: To approve Town Payroll/Town Medicaid Payroll Warrant No. 15007PT $364,850.06 (Kozlowski/DelVecchio) PASSES 3:1:1 Dentin NAY, Aptowitz ABSTAIN (Voucher #3927 1) • Town Deductions — Vendor Payroll Warrant No. 15007TV in the amount of $107,639.36 Motion: To approve Town Deductions — Vendor Payroll Warrant No. 15007TV $107,639.36 (Aptowitz/Kozlowski) PASSES 5:0 • School Payroll School Medicaid Payroll Warrant No. 15O07PS $1,167,660.61 Motion: To approve School Payroll /School Medicaid Payroll Warrant No. 15007PS $1,167,660.61 (Aptowitz/Kozlowski) PASSES 4:1 Annino NAY • School Deductions Vendor Payroll Warrant No. 15007SV $343,727.20 Motion: To approve School Deductions Vendor Payroll Warrant No. 15007SV $343,727.20 (Aptowitz/Kozlowski) PASSES 5:0 • Town Vendor Warrant No. 15008T $73,371.86 Motion: To approve Town Vendor Warrant No. 15008T $73,371.86 (Aptowitz/Kozlowski) PASSES 5:0 • Electric Department Vendor Warrant No. 15008E $643,767.76 Board Of Selectmen's Meeting August 20, 2014 Page 4 of 8 Motion: To approve Electric Department Vendor Warrant No. 15008E $643,767.76 (Aptowitz/Kozlowski) PASSES 5:0 • School Department Vendor Warrant No. 15008S $289,192.59 Motion: To approve School Department Vendor Warrant No. 15008S $289,192.59 (Aptowitz/Kozlowski) PASSES 5:0 • Town Payroll /Town Medicaid Payroll Warrant No. 15008PT $350,750.15 Motion: To approve Town Payroll /Town Medicaid Payroll Warrant No. 15008PT $350,750.15 (Kozlowski/DelVeechio) PASSES 3:1:1 Dentine NAY, Aptowitz ABSTAIN (Voucher #39477) • Town Deductions — Vendor Payroll Warrant No. 15008TV $105,914.99 Motion: To approve Town Deductions - Vendor Payroll Warrant No. 15008TV $105,914.99 (Kozlowski /Aptowitz) PASSES 5:0 C. Licenses and Permits • Consideration Of Banner Request By Mansfield Pop Warner 5K Monster Dash Motion: To approve banner as presented (Kozlowski /Annino) PASSES 5:0 • Consideration Of Banner Request By Mansfield Parks And Recreation Departments Annual Arts And Craft Show Motion: To approve banner as presented (Kozlowski /Aptowitz) PASSES 5:0 • Consideration Of Banner Request By Hearts Of Hope Foundation's Race For A Cure Motion: To approve banner as presented (Kozlowski /Aptowitz) PASSES 5:0 • Consideration Of Banner Request By Mansfield Mothers' Club, Shop Til You Drop Event Motion: To approve banner as presented (Kozlowski /Aptowitz) PASSES 5:0 • Consideration Of Block Party Request Of Charles Woods For A Block Party On Shawmut Ave. On August 23, 2014 Motion: To approve block party request for Shawmut Avenue on August 23, 2014 subject to restrictions listed by Public Safety Departments (Kozlowski /Aptowitz) PASSES 5:0 • Consideration Of Application For Common Victualler License To Be Issued To The Firebox Cafe, LLC, For A Food Establishment Located At I Crocker Street, The Mansfield Train Station Mr. Kozlowski recused himself and approached the podium. He noted that he and two partners have formed an LLC to open a coffee shop in the property located at the train station. Currently, the group is waiting for equipment deliveries, which is holding up the final inspection from the Board of Health. Due to the scheduling of the Board's next meeting Mr. Kozlowski is asking for the Board to approve the common victualler license subject to a satisfactory final inspection from the Board of Health to which Mr. Kozlowski felt would be completed by early next week. Chairman Dentine noted that the Town's jurisdiction would only be for the Board of Health but that the location would also be subject to State inspections for electric and plumbing. Mr. Ross felt that as far as the common victualler license it appears everything is in order but recommended if the Board were to approve to do so subject to the final inspection Motion: To approve Common Victualler License for Firebox Cafe, LLC upon satisfactory inspection by Board of Health (Aptowitz/Annino) PASSES 4:0 Board Of Selectmen's Meeting August 20, 2014 Page 5 of 8 W Mr. Ross distributed to the Board an updated FYI Capital Project Request and Funding Sources. He noted a few major accomplishments include: the installation of the new Town wide phone system, the Robinson School windows, new police cruisers (which came in under budget due to the efforts of Lieutenant Archer). Mr. Ross noted he has signed contracts with regards to the new carpeting, and tennis court refurbishing. Mr. Ross noted there was a demonstration of the new voting machines on Monday evening (August 18t") which Mr. Aptowitz and Mr. Kozlowski attended. Mr. Aptowitz spoke to the ease of the new machines and how modern and simple they were to use. He reported that there would be training for election workers and that a representative from the company would be on hand during the upcoming September 91h election. Mr. Kozlowski noted that Jack O'Neil from Mansfield Cable Access was filming the demonstration that will be broadcast for the residents. He also noted that Mansfield is the representative to test these machines. Mr. Ross reported that the Electric Department audit will be next week by R.E Brown & Company. Mr. Ross reported that Franklin Street has received the base and one leveling course. Curb work and sidewalks will now begin. Mr. Ross reported that the visual budget process, which is a way to reach out to the public, is in the process of uploading data and numbers to a private website. This is one of the steps the Town is taking to be more transparent. Mr. Kozlowski state that the site will be private at first with a password to ensure all the data and site is correct. Mr. Ross noted that tonight's agenda included a collective bargaining discussion within the Executive Session which will be tabled due to not having all the necessary information. Mr. Annino noted how nice the North Common looks and credited all those who have dedicated time and effort. Mr. Ross furthered that it really has become a community project with the Keep Mansfield Beautiful Committee and Garden Club assisting. Mr. DelVecchio noted he has received questions about when the train station would be open again and was excited to hear that it appears imminent with Mr. Kozlowski's new business. Mr. DelVecchio is also excited about the progress of the North Common and thanked all involved. Mr. Aptowitz noted the amount of marijuana fines still outstanding and asked if there is a mechanism to the collection of those fines. Mr. Ross was unsure but would investigate. Board Of Selectmen's Meeting August 20, 2014 Page 6 of 8 Mr. Aptowitz reminded residents of the upcoming Deutsche Bank Championship and advised residents about traffic in that area. Mr. Aptowitz congratulated Mansfield resident, Tom Gilson, who will be playing for the Cleveland Gladiators in the upcoming Arena Bowl. Mr. Kozlowski thanked the Board for their approval of the Common Victualler license for the Firebox Caf6. Mr. Kozlowski will be participating in the Jamie Fund 5K race this weekend which benefits children with disabilities. Chairman Dentine noted the Deutsche Bank Championship as a great addition to the surrounding communities. Chairman Dentine referenced the street listing for roadway repairs distributed recently and mentioned the disrepair of Gladiola Terrace. Chairman Dentine noted that he, Mr. Aptowitz and Senator Timilty had the privilege of attending the Council On Aging's summer bar- b -que. None. • Under Exception No. 4, To Discuss The Deployment Of Security Personnel Or Devices, Or Strategies With Respect To The Xfinity Center Venue • Under Exception No. 3, To Discuss Strategy With Respect To Collective Bargaining Concerning The Mansfield Police Association, As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town • Under Exception No. 3, To Discuss Potential Litigation Concerning 1 Foundry Street Commercial Parking Lot License, As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town • Under Exception No. 3, To Review and Approve Minutes Of The August 6, 2014 Executive Session — Discussion Of Strategy With Respect To Collective Bargaining Concerning Mansfield Police Association, As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town • Under Exception No. 3, To Review and Approve Minutes Of The August 6, 2014 Executive Session — Discussion of Potential Litigation Concerning 1 Foundry Street Commercial Parking Lot License, As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town And Not To Re -Enter Open Session Board Of selection's Meeting August 20, 2014 Page 7 of 8 Motion: To enter into Executive Session (Annino/Kozlowski) Kozlowski (AYE), DelVecchio (AYE), Aptowitz (AYE), Annino (AYE) and Dentino (AYE) PASSES 5:0 at 8:24nm The Board will adjourn this meeting during Signature bf Clerk Date of Approval /Tracey Whalen Includes: Property Tar E,remptio�tsNlemo/Btdletin Small Commercial Exemption — Bureau of Local Assessment Informational Guideline Release No, 00 -403, October 2000 Goads and Objective fi•onn Selectman Doug Amtino Board Of Selectmen's Meeting August 20, 2014 Page 8 of 8