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HomeMy WebLinkAboutBOS MINUTES 4-29-2015Board of Selectmen Minutes April 29, 2015 Present: George Dentin, Chair; Jess Aptowitz, Vice Chair; Doug Annino, Clerk; Frank DelVecchio; Olivier Kozlowski; William Ross, Town Manager Chairman Dentin called the meeting to order. The Chairman reminded everyone the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. -2 Publ><c- FTcarmg Ip Accor�an�e 'Syrth�'1'he Prop is>ions `O,f� ass_�chu�etf�i= General =Laws Ch�a tee r I48get►o5i3, Tlge Ma�isfield.Bo�r Ic 9fSelectmen WWIIontluct A Public Hear m Qn W_ecln�sslap?ltP OnPlte APph�a10► Of DLC @orp dba: �i�g ahon�Q n�Am n mein. 'o�ie= �ce�tseTor heft ro ageOfAClassIAl�la mabl - - t 'Lrqu►t��rom °4;�0 To TTl��'0 X000 Gallons Located Afi;85 �ou�h lam Sheet, Man�fiels�_ Mr. Armin read the Public Notice into the record. Motion: To open the Public Hearing (AptowiWDelVecehio) PASSES 5:0 Present before the Board is Victor Manougian, MacLean Law Offices, representing DLC Corporation dba LiveNation and Verizon Wireless. Mr. Manougian summarized that applicant is requesting that the Board amend the flammable materials storage license located at the Xfinity Center at 885 South Main Street from 4,000 gallons to 6,000 gallons. Mr. Manougian summarized that the facility that Verizon is building will require a back -up generator powered by liquid propane gas, which would be stored in two 1,000 gallon tanks. He described the site to include two tanks enclosed (on cement pads) within a 8' high security fenced -in area (anti cut/anti climb mini mesh with barbed wire) with a roof. The site plan has been approved by the Planning Board, Building Department and that Captain Tebeau has endorsed the amended license. Mr. Manougian distributed the site plan to the Board, which has been made a part of the record. Mr. Annino asked if the steel roof is non - combustible to which it was noted it was not combustible. Captain Tebeau and Chief Boldrighini are also present to answer any questions. Mr. Annino asked Captain Tebeau if there were any concerns to which Captain Tebeau felt all concerns were addressed at the site plan meeting and that the plans presented this evening have been update to address all Town officials' concerns. Mr. Annino asked what the purpose and size of the building is to which Mr. Manougian noted it is a single story building to be used for storage (antennas). Mr. Aptowitz asked when construction was to begin to which Captain Tebeau noted as soon as possible and it was the hope of the applicant to complete the project by May 16 "i. It was felt this to be an ambitious time schedule. Mr. Annino asked if there would be lighting to which Mr. Manougian stated there is not but Captain Tebeau corrected stating there is security lighting per requests by both the Fire and Police Departments. Chairman Dentino was looking for clarification of the location site to which Captain Tebeau referenced it is at the end of the VIP Premiere Lot. Chairman Dentino asked, with regards to the current 4,000 gallons, what is that used for to which Mr. Manougian noted cooking. Captain Tebeau furthered it is mostly used for cooking but there is some used for heating (administration building). Chairman Dentino asked what the ground around the tanks looks like to which Captain Board Of Selectmen's Meeting April 29, 2015 Page 1 of 14 Tebeau explained that the tanks are set on a solid concrete surface and thought it would be surrounded by stone. The Chairman asked what the advantage was to have these tanks above ground rather than underground. Captain Tebeau stated it is typically the less expensive route and easier to access the tanks and to remove. The Chairman prefers underground because the tanks are covered. Chairman Dentino asked if barbed wire was acceptable to which Captain Tebeau noted it is as long as it is not razor. With regards to the antennas, Mr. Annino asked for the height to which Mr. Manougian explained nine of the antennas will be fixed (extending approximately 2') to the top of light poles. Mr. Annino asked if there would be a concern with noise with regards to the generator. Mr. Manougian noted the noise from the generator is below the permitted threshold and would run only if power is lost. There were no Public Comments. Motion: To approve the amendment to the license from 4,000 gallons to 6,000 gallons of on -site propane (Aptowitz/DelVecchio) PASSES 5:0 Motion: To close the Public Hearing (Aptowitz/Amiino) PASSES 5:0 M. -- — – – ;- 'RAW e Sons derafion A a Apjioal 01L mss} ron =Sorld vide e n erfa1nment Police Chief Ron Sellon and Fire Chief Neal Boldrighini are present before the Board to answer any questions. Mr. Aptowitz questioned the inner fencing repair (from last season) and the angle of the entrance for ambulances, which was also an issue. Chief Sellon explained that the entrance was altered during the course of last year's season and is now acceptable and that they continue to work to repair the fencing. Mr. Aptowitz asked if the License Reader has been acquired to which Chief Sellon stated they will take any tool that they can. Mr. Aptowitz asked if the Chiefs were satisfied that their requests have been met. Both Chief Sellon and Chief Boldrighini felt LiveNation and Bill Shinkwin, Aegis Security, to be accommodating to the requests of equipment, supplies and staffing made by Public Safety. Chief Boldrighini felt all sides work diligently to improve areas where they can. Mr. Ross noted that the License Reader is incorporated into the License Agreement, Mr. Annino, as a Sub - Committee member, noted the group worked very well together and he commended the Chiefs for their ideas and felt there to be complete cooperation from LiveNation and Aegis. Mr. DelVecchio thanked the professionals as well as the Board members who he felt worked diligently on the license. In reference to Section 11, Paragraph A, Public Safety Fee, Mr. DelVecchio asked if that fee has changed over the past years to which Mr. Ross noted not in the past five years and noted that money is deposited into the General Fund. Mr. DelVecchio noted for future consideration that items (ie golf carts) be more of a contribution that could be used in the Capital Plan and purchased as the Town's. Mr. Aptowitz had done some research with regards to details and asked for assurances that those have been paid in full. Lee Zazofsky, Acting General Manager, stated as far as he is concerned Board Of Selectmen's Meeting April 29, 2015 Page 2 of 14 they are up to date to which Mr. Ross reported lie did not recall seeing LiveNation on the listing of owing detail fees. Chairman Dentino expressed his frustration that the process of this Agreement did not begin earlier where the first Sub - Committee meeting took place in March. The Chairman is not taking issue with the hard work put forth by the Committee (including LiveNation), but it was the Chairman's intention to being the process early to discuss the ramifications of last year and how to improve upon that with changes that all parties agreed upon. The Chairman's frustration stems from the full Board not being informed until tonight's meeting and are being asked to sign the License Agreement, which he felt has not changed since the year before. 'file Chairman would have liked to have been informed with regards to ABCC practices as well as Metro as well as his requests over the years. Motion: To approve the LiveNation Worldwide Inc. Entertainment License for 2015 as presented (Aptowitz/Annino) PASSES 4:1 Dentino NAY Chairman Dentin noted his NAY is in reference to the licensing process. 4 = Presenfafion Of Drn#t Tax_IncremQnfFmwnc ng Agreement For F>itureFQ�m For The=- 1'roperty_Locatecl A.t 4Z tYt<aple Street,�Vlansiie�d, 49nsu=Cer I3ecommerclatron By TII±= Mr. Aimino recused himself from the discussion due to a professional, business relationship with Future Foam. Bobby Matthews, Tax Consultant and Brian French, General Manager of Future Foam, are present before the Board. Mr. Matthews summarized that Future Foam is considering significant expansion into the Northeast, specifically here in Mansfield at its new facility located at 47 Maple Street. Mr. Matthews reported that they have been working closely with Mr. Ross as well as Shaun Burke, Town Planner, to seek project participation in the economic development incentive program. A component of that is municipal participation on the TIF (Tax hrcrement Financing). Mr. Matthews noted they have worked with the Town's TIF Committee, which has agreed to a specific TIF term, and are now seeking the Board's support of the agreement before it goes to Town Meeting. Mr. French presented to the Board, which has been made part of the record, which highlighted the following: • Future Foam began producing foam in 1958 in Council Bluffs, Iowa which has since grown to five strategically located plants. It is still a family owned business with more than 1,000 employees. • Future Foam is focused on safety and continuously improving the environment. • Products include: carpet cushion (sold at Home Depot), mattresses, foam toppers and pillows. • Plans for Mansfield include: first plant in the Northeast located at 47 Maple Street will focus on manufacturing and sales of bulk PU foam for bedding, furniture, packaging and industrial markets. Future Foam will acquire and rehabilitate the 165,000 sq. ft. facility ($3 million purchase and $2.5 million renovation) and will invest $4 million in new machinery, zoning variance to support 30,000 sq. ft. expansion ($3.5 million in new construction) and will create 40 new jobs to the area. • In March of 2015 the TIF Committee voted to support a ten year TIF Board Of Selecunen's Meeting April 29, 2015 Page 3 of 14 Mr. Ross asked if the approximate value of the TIF over the ten year period has been calculated to which Mr. Matthews estimated it to be on the high end of $5,000,000 but depends on the new assessment from the assessor once it has been expanded. Mr. Ross noted this is as much aimed at getting the State credit with Town participation to which Mr. Matthews felt it to be a little of both. Mr. Matthews noted Town participation speaks well to Future Foam's application at the State level. Mr. Aptowitz clarified that Future Foam will the pay the current assessment on the existing building and that the TIF is based on the expansion. Mr. Matthews agreed. Mr. DelVecchio asked for the vote of the TIF Committee to which Mr. Ross noted it was unanimous 5:0. For future purposes Mr. DelVecchio would appreciate seeing the estimate of what the cost is of the increment. Chairman Dentin noted he felt this to be one of the better TIFs the Town has given as it is satisfactory to both sides. Mr. DelVecchio asked for the range of jobs to which Mr. French noted a combination of professional technical where there will be entry level positions as well as mechanical, but hoped to be competitive in terms of pay. Mr. DelVecchio asked if there would be training to which Mr. French noted there would be. Motion: To approve the TIF Agreement (DelVecchio/Kozlowski) Discussion: Mr. Kozlowski asked if the Board is approving or supporting. Mr. Ross clarified the Board is approving and that Town Meeting also must approve. Motion: To approve the TIF Agreement (DelVecchio/Kozlowski) PASSES 4:0 Scott Feeley, 489 Fruit Street, Chairman of the CIP Committee and member of the Finance Committee, as well as Michael O'Brian, 39 Lantern Lane, Vice - Chairman of the CIP Committee, are present before the Board. Mr. Ross began the discussion by noting that additional research was done regarding the Permitting Software where more questions needed to be asked. Mr. Ross asked that the $60,000 for the software be held in abeyance and not appropriated. Chairman Dentino agreed and felt it to show the residents the Town continues to work towards a balance and what is best. DPW/Public Buildings • Fire Station Generator • Town Hall Generator • Memorial Hall Roof Repair • Library Carpeting and Painting — requested $204,000 but has been reduced to $20,000 for now due to essential needs • North Common Pergola — not recommended by CIP • Town Hall Painting • DPW/Public Safety Facility — recommended as a debt exclusion item Board Of Selectmen's Meeting April 29, 2015 Page 4 of 14 Mr. Annino asked if the DPW/Public Safety Facility was approved if the Fire Station Generator would still be needed. Lee Azinheira, DPW Director, noted the generator is for the Plymouth Street Station. Mr. Kozlowski wanted clarification to the Various Airport Projects to which Mr. O'Brian explained there are two projects but one was clearing 500' of land for landing of larger aircraft - $7,500 has been allocated with additional fiords coming from the goverrmient. Mr. Kozlowski asked where the additional clearing was happening to which Mr. Feeley noted Fruit Street. Chairman Dentino noted he can see the clearing from Route 495. Mr. Aptowitz felt the Committee has done a great job. He asked if there were any major repairs/renovations with regards to buildings within the next three to five years. Mr. Feeley felt there would be more information once the study (which was advanced by the Finance Committee) has been completed, which should be before Town Meeting. Mr. Feeley noted that he considers School buildings as Public buildings and it can be expected to have requests for significant monies with regards to the School buildings. Mr. Aptowitz asked what significant meant where Mr. O'Brian stated roofing, parking and Mr. Feeley noted in the millions. Mr. Aptowitz felt that needs to be at the forefront now and referenced not accommodating all requests because the money is there now as it will be needed in the future. Mr. Feeley felt it to be a challenge because there are numerous areas where any one area cannot be neglected because when an area is neglected it costs more in the future to make up for that neglect. Mr. Feeley noted the Town's Capital needs are important and we all understand what happens if that proper investment is not made. Mr. Feeley noted the Committee is not receptive to wants and always questions needs in terms of does it need to happen now and does it make financial sense now. Mr. Annino felt that Mr. Aptowitz is correct and that perhaps a Master List is warranted to include Schools as well. Mr. Ross noted that what the Board is looking at (DPW/Public Building) reflects the planning done several years ago and programming those items year to year. He reminded that two years ago there was funding to do an architectural study of the Memorial Building and to set out a program for that specific building given its historic nature. The first phase of that is in this DPW /Public Buildings this year. Given the impending results of the current study, a similar plan will be laid out for the School Buildings and Mr. Ross felt it would be a significant number as they are significant buildings. Mr. Ross noted that once the plan is in place it opens the opportunity to look at the State Building School Authority for assistance. Chairman Dentino asked if the generators for the Fire and Town Hall was specifically to carry the entire building if power is lost to which it was noted yes by Mr. Azirnlleira. He felt the cost to be too much where Mr. Azinheira felt the Town to have the best luck with CAT and is a budget estimate. Mr. Feeley noted the Town Hall generator allows for limited service (specifically servers, fiber network and emergency lighting) which is does not currently have. Mr. Ross noted the Town needs to keep the fiber network going both for communications during emergencies but also because the phone system uses that network and a generator is needed to maintain minimal power. Police Department • Car • Pick Up Board Of Selectmen's Meeting April 29, 2015 Page 5 of 14 • Radar Equipment • Radio Equipment Mr. Aptowitz asked if the ATVs were being paid for by Xfinity to which Mr. Feeley noted the request was denied by CIP. Mr. Ross noted there is currently an ATV through the Emergency Management Department therefore it was felt it was not warranted. Mr. Aptowitz noted the original request for the Pick Up was $48,000 but is now $24,000 to which Mr. Ross explained it was decided a decent used vehicle would suffice for the purposes it was requested for (plowing around station, use at Xfinity). Chief Sellon explained there is a long term plan with regards to the Xfinity Center and the vehicle where it would be used in the capacity that the Street Supervisor's vehicle is used. By outfitting the vehicle it could be used as a mobile command post and has a higher level of visibility. Fire Department Vehicles • Three Vehicles Inspection Vehicles School Requests — extensive list with discussion centered around what really needs to be done which at this time is not known. Mr. Feeley reported there was a lot of commentary with input from Zeff Gianetti, School Superintendent, and Mike Ahern, Buildings and Special Projects, as to what really needs to be done now and which items should be appropriately considered once the study has been completed. • Exterior Panels — Jordan Jackson • Bleachers • Text Books • Cameras — Qualters • WiFi — part of an ongoing program to be phased in • Curtains • Stage Floors • Food Services Equipment— original request was $91,000 and only $54,000 was granted • Continuing Work Univentilators — ongoing Mr. Aptowitz asked if the addition of the cameras at Qualters now gives cameras in every building. Superintendent Gianetti stated no. DPW/Highway Requests • Continuing Road Program - $2 million road work financed by long -term operating debt (Mr. Ross noted the addition of $750,000- $800,000 in Chapter 90 funding). Felt this amount to be a challenge given current staffing and is about what can be managed. Mr. DelVecchio noted there has been criticism with regards to using long -term debt for road repairs and asked Mr. Feeley to continent on that. Speaking for both the Finance and CIP Committees, Mr. Feeley explained that long term debt is an excellent tool and if the Town found itself in a position where it could afford all of its Capital needs there would be the question if the Town were taxing residents too much. He furthered that long -term debt is an excellent financial tool for making large Capital expenditures for townships and is considered best practice both from Board Of Selectmen's Meeting April 29, 2015 Page 6 of 14 State and Association of Finance Committee levels. He stated essentially it is pay as you go. Mr. O'Brian also noted the Credit Rating Bureau looks favorably on a certain percentage of long -term debt. Mr. Ross noted that S &P felt the Town had an organized program and was using it wisely to invest in the Town. • 10 Wheel Plow /Sander — $230,000 funded from Article turn -backs (allocations from Free Cash - Mechanics Utility Truck, Forklift and Spreader with Liquid Tanks) Mr. Aptowitz asked if the Sander was replacing an item to which Mr. Azinheira noted a 1985 Mack Truck, Mr. Feeley noted the DPW does a great job of extending the life of vehicles. Park and Recreation Playground Equipment - reduced from $100,000 to $50,000 as all the monies are not needed immediately and this goes hand and hand with the Friends of Memorial Park initiative to revitalize the area, which was presented to the Board last year. Mr. Feeley noted that private fundraising efforts continue to bring that cost down. Mr. O'Brian noted it is a $250,000 project. Projects Front Retained Earnings • Water Treatment— in -flow and infiltration • On -Line Permitting — on hold Mr. Ross noted the work is already in progress where the Town has seen results, noting, less infiltration and lower flows. DPW Water • Filter Replacement -cost of $400,000 • Water Main Replacement Winter Street — originally $990,000 and reduced to $110,000 Mr. Ross noted it was discovered the original estimate was entire length of Winter Street where no detail engineering was done. Once the detail engineering was done it was discovered that a significant portion was already ductile iron. The Town was able to reduce what needed to be replaced and added there was money left over the Maple Street project (recommending past Maple Street Article include Winter Street). Airport Projects Mr. Kozlowski asked what "other sources" to be which Mr. Feeley explained FAA and State. Mr. Ross noted that the FAA pays about 90% and the State about 5 %. He explained that the Airport Commission has an Airport Improvement Plan which is follows carefully. I-Ie further explained that the new Administration Building is not the Town's project where costs per square foot are now double the estimates but does not have an impact on other projects. Mr. Feeley suggested the Board to invite the Commission to present. DPW Parking — land acquisition Mr. Ross noted there is a grant from the Federal Transportation Administration through GATRA that has been on hold for several years to acquire additional land for parking purposes around the Train Station which requires a 20% local match and the grant is for $1 million. Mr. Ross felt to put the appropriation there but noted there is no proposal to acquire the land. Mr. Ross noted when Board Of selectmen's Meeting April 29, 2015 Page 7 of 14 development occurs on the west side of the tracks, there will need to be a place to park the vehicles and this is an opportunity to utilize that grant money which will require further action at Town Meeting at a later date. Mr. Ross noted the grant money could "go away" and is a policy issue the Board will need to give advice on. Mr. Kozlowski asked if there were particular parcels in mind to which Mr. Ross stated there is not. Chairman Dentino felt the Town is trying to serve two masters: parking and traffic to which Mr. Ross added development. Mr. Ross does not envision more spaces but the same number in a different location. Mr. DelVecchio asked what the negative implications are to appropriate the money and then not spend it. Mr. Ross noted it will just sit there. Mr. Feely explained another way to look at it is to be prepared for what might come up and is low risk as the Town doesn't really need to do anything but by not appropriating only assure it can't do anything. If Mr. DelVecchio understood correctly it is a match of 4x — 5x to which Mr. Ross stated yes. Mr. Kozlowski asked if the Town is relinquishing Town parking lots for development to which Mr. Ross stated yes referencing the presentations by BETA. MMED Projects These will be discussed at the Light Conunission meeting on May 6t". Chairman Dentino asked if the painting of Town Hall ($40,000) is warranted as he questioned this at a previous CIP meeting where he felt it is an example of what the Town wants to do but doesn't need to do. Mr. Aptowitz felt the Chairman makes a good point as this is one of the nicest Town Halls he has been in. Mr. Ross noted there has not been an interior paint job in Town Hail in 20 years and felt there to be damaged areas (hallways) and the color schemes are not the best. He informed the Board the painting was in the building maintenance plan where it was suggested to have paint on a regular basis to keep tip. Mr. Feeley felt this raises the question that it has been 20 years, it has to be done and cannot be neglected forever. He asked if it the Town is in a better position to do this item in a couple of years as opposed to now where there will continue to be other items. Chairman Dentino did not understand if the hallway needed to be done why the entire Town Hall then needed painting. He fully believes that with the tightness of this year's budget everyone needs to be looking down the road and be even tighter. Mr. Aptowitz noted it is the Board's job to look at everything (CIP, Operating, Sewer ect.) and that the Town can't keep going to the residents for money. The Chairman is happy with what the CIP Committee has done and felt it was held pretty tight but stated emphatically that the painting is not needed. Mr. Aptowitz stated this Town Hall to be the nicest around and appreciated the efforts of staff with upkeep. Mr. Aptowitz is concerned with the mindset of residents with regards to the money spent. Mr. Feeley noted scrutiny of these items is part of the balancing act. Mr. DelVecchio agreed with Mr. Aptowitz that it is a balancing act but part of the balancing is in the past maybe the best decisions weren't made resulting in the Board acting on them now. Mr. Ross stated that the problem with painting is once it is started where it stops. If the Board does not feel this needs to be done it should remove the amount from the Capital Plan and place it in Free Cash but reminded that the reason it is before the Board is from the Building Maintenance Plan called for it. Mr. Ross asked Mr. Aptowitz what other projects he had in mind as he stated there were additional needs. Mr. Aptowitz stated if the Board /Town does not have to spend the money it shouldn't spend it and let it go into Free Cash and did not appreciate the line of questioning as the Board asks the questions of staff. Mr. Feeley asked if this item is to be taken out of the Plan should that expenditure be considered for another project (referencing the Library). Mr. Annino noted the idea is to reduce the budget and not move money around and to put appearance items on hold. The Chairman Dentino stated that road maintenance will need to be heavily addressed. Mr. Annino stated the $2.8 million set aside for roads is what is manageable with the staff that we have. Mr. Board Of selectmen's Meeting April 29, 2015 Page 8 of 14 Annino does not want to see is the Town putting a lot of money into roads and having to hire consultants where there is no benefit. Chairman Dentino noted as long as the Town does maintenance and bring in outsources to pave, it will be all right. Mr. Azinheira noted after every winter in the spring the Department reevaluates. He reminded that the schedule of repairs is on the Department's website. He noted roadway program is on -going and with the staffing level the Town has it is a challenge where at times they fall behind on some of the smaller work orders. Mr. Azinheira felt the program to be working. Mr. DelVecchio suggested a motion to remove the Town Hall painting from the Capital Plan and for the funding to be moved to Stabilization. Mr. Ross asked for time to review where the budget currently stands. Motion: To remove the Town Hall painting from Capital Plan as presented (DelVecchio/Kozlowski) PASSES 5:0 Motion: To accept the Capital Plan as amended (DelVecchio /Aptowitz) PASSES 5:0 6hnuefl DiscusionAnilCon'sid`eratron QfrGonimeitoralParinrig jPta_crhty, Renewal `�"?..fi^�' This portion of the meeting began at 9:44pm. The Chairman stated he would allow a 30 minute discussion. Bill Clemmey, 55 Fowler Street and one of the managers of Foundry, LLC, stated that he has presented all his information with the submission of his application, a final letter sent earlier today as well as addressing the Board at its last two meetings. Mr. Clemmey summarized that Foundry, LLC does not believe the Police Detail Fee to be legal and asked the Board to vote to eliminate and absorb into the Parking Enterprise Account. He stated if the Board chooses not to do that, Foundry, LLC asks that at a minimum the Board abide by the agreement made earlier this year. Mr. Ross noted he has had a lengthy discussion with Paul DeRensis, Town Counsel, earlier today (he could not be present), and where his recommendation is that the Public Safety Detail charge needs to be based upon the actual cost of the detail worked. Mr. Ross noted the percentage of the cost is open to discussion but the actual cost of the detail is the basis of the charge in order to meet the test of the Emerson case. Mr. Ross stated in actuality Mr. Clemmey's attorney reached that same conclusion to which Mr. Clemmey disagreed with that statement. Mr. Ross furthered that an actual charge is not considered a tax tinder the Emerson case. Mr. Ross's estimate of that amount, based upon the contract with the Police Association for five days a week (excluding holidays), with the share assigned under the 8% to be about $3,900 for the year. Mr. Ross noted details are specifically calculated under contract as the highest paid police officer's wage at time and a half plus $4 per hour, which works out to $48.82 per hour under the contract amounts in place for FYI 6 and would be a maximum of $3,900 and then the Town, would adjust for the actual. Mr. Ross reiterated Mr. DeRensis' recommendation that it must be on actual rather than a fixed amount, which Mr. Ross agrees with. Mr. Kozlowski has found a subsequent case where details are clearly contemplated (mentioned in a footnote). Mr. Ross noted that Foundry, LLC was notified last year of the change in process, referencing the November 17 °i letter. Mr. Aptowitz asked what the time period of the license is to which Mr. Ross stated the license runs May I through April 3O. Board Of Selectmen's Meeting April 29, 2015 Page 9 of 14 Mr. Clemmey agrees that the letter was sent and received but that it did not indicate that it was Town Counsel's opinion only that it was a policy change where there was no previous notification and was subsequently added into the Commercial Parking Regulations. Mr. Ross corrected that it was included last year at the direction of the Board of Selectmen after consulting with Town Counsel. Mr. Clemmey reminded that Foundry, LLC chose not to bring the Town into litigation because it was thought to have reached a fair and equitable agreement but now they find that this is changing in policy without a Board vote. Mr. Clemmey again asked the Board to consider all of the information provided by Foundry, LLC and stated this is not the end of the discussion as the Board needs to look at Foundry, LLC's concerns regarding the Parking Enterprise Account and the budgeting of it and parking on Allen Street. He stated it is the privy of the Board but asked the Board to review all the issues raised. Karl Clemmey, 175 Essex Street, addressed the Board that his word is built on his reputation. He felt Foundry, LLC provides a service to the Town but it appears to him that the Board no longer wants that service, which lie felt should be a part of the community. Mr. Clemmey disagreed with Mr. Ross continuously bringing Town Counsel into the equation to drag this on and stated the Town does not want to get into litigation. Mr. Clemmey noted Foundry, LLC provides a service to park cars (maintains lot, provide insurance and pay taxes) and the Town cannot find fault with any of that. Mr. Clemmey stated Foundry, LLC has every right Allen Street to allow access to his property and it has not even been considered. Mr. Aptowitz felt to be fair to the applicant the Board can grant the license subject to resolution of the fees as expeditiously as possible. Mr. Kozlowski felt the application of the Emerson case to be clear. He reminded the Board be has had concerns all along about moving off of the percentage of cars represented by the lot (referencing both private lots) and that the Board is now subsidizing a larger portion. Mr. Kozlowski is hard pressed to find anything that makes sense in terms of any of the proposals. Mr. Kozlowski asked if the Board is being asked to "make up" the terms. Mr. Ross explained that the terms would be that the license states that the licensee will pay the proportionate share of the Police Details as determined by the Chief of Police and there is an agreement of 8 %. Mr. Ross clarified it is 8% of the actual detail and in this instance the Town does not add the 10% administrative fee. Again, Mr. noted that is the recommendation of both lie and Mr. DeRensis. Mr. Kozlowski stated, to be clear, a calculation based on the actual number of vehicles and the actual cost of the details also complies with Emerson. Mr. Ross agreed. Motion: To approve the renewal of the license with the agreed upon 8% Police Detail fee but to be based on the actual detail cost as recommended by Mr. Ross, Police Chief Sellon and Mr. DeRensis, Town Counsel (DelVecchio /Annino) Discussion: Mr. DelVecchio has no problem with the Board reviewing Mr. Clemmey points regarding the Parking Enterprise Fund, Allen Street and the MBTA at a future meeting. He is intrigued by the MBTA's cost and this is a discussion of fairness. Mr. Amrino suggested addressing some of Mr. Clemmey issues but recognizes that the private parking lots do contribute to the traffic. Board Of Selectmen's Meeting April 29, 2015 Page 10 of 14 Chairman Dentino stated this has been tossed around for a long time. It was Mr. Aptowitz's recollection that he, Mr. Ross and both Bill and Karl Clemmey agreed to the 8 %. The issue now is 8% of the budgeted number or 8% of the actual detail. Mr. Aptowitz stated he normally would agree with Town Counsel's opinion but was not sure what the parties had agreed to in terms of that number. He stated it is not so much the money but the principle. Chairman Dentino asked for the letter sent to Foundry, LLC which Mr. Ross provided along with the license. Again, Mr. Ross advised a flat fee would violate the Emerson case. Mr. DelVecchio stated if the Board charges a fee it must be based on actual cost. Mr. Ross noted it does not have to be 8 %. Mr. Aptowitz suggested, to move this along, to grant Foundry, LLC, a temporary license to have Mr. Ross and parties to further investigate. Mr. Ross reiterated that Mr. DeRensis' is adamant that this MUST be an actual cost and not a fixed cost but he would be happy to include him in on father discussions. Mr. DelVecchio noted the suggestion being made supports the claim that the fee is illegal because as it is suggested it is based on fixed cost but if the fee is to be based on actual cost it would be legal and the question is what the Town agreed to. Mr. Armin noted the issue is $3,100 or $3,900 but all are in agreement that Foundry, LLC participates in the fee and he does not want to put this off any further. Chairman Dentine, asked Mr. Clemmey if there was anything Rather he would like to offer to which Mr. Clemmey asked the Board to make its decision and he would then decide his course of action. Motion: To approve the renewal of the license with the agreed upon 8% Police Detail fee but to be based on the actual detail cost as recommended by Mr. Ross, Police Chief Sellon and Mr. DeRensis, Town Counsel (DelVecchio / Annino) FAILS 2:3 Aptowitz, Dentino, Kozlowski NAY Motion: To grant Foundry LLC a 30 day license with fee to be resolved at a later date (Aptowitz/Dentino) FAILS 2:3 Annino, DelVecchio, Kozlowski NAY Mr. Annino felt the Board has gotten into trouble before by granting licenses prior to having the fee set. Mr. Annino suggested adjusting the percentage so that the cost calculates to $3,100. Mr. Aptowitz noted there are different rates for different officers on a daily basis to which Mr. Ross noted the rate to be a constant. Chief Sellon approached the Board and noted that Sergeants do on occasion work details. Mr. Kozlowski noted if the Board is adjusting the percentage to reach a target number of a flat fee it violates the spirit of what the Town is accomplishing. Mr. DelVecchio felt the Board is not trying to charge extra money. Motion: To issue a license to Foundry LLC with the condition that the applicant pay the percentage based on the actual cars in the lot 15.6% of the actual detail fees (Kozlowski/ Mr. DelVecchio asked if the Board could do as Mr. Aptowitz suggested. Mr. Ross' quandary is he has advice and direction from Town Counsel and there is no room to negotiate. The current deal with Foundry, LLC violates the law. Mr. DelVecchio felt the only other option is to charge no fee. Motion: To grant the license for Foundry LLC with no detail fee charged (DelVecchio / Aptowitz) Discussion: Mr. DelVecchio summarized that whether commuters park in the Town lots or other lots (private), anyone coming out of the lots wants the detail there. He noted that commuters parking in the Board Of selectmen's Meeting April 29, 2015 Page I1 of 14 Town lots pay for it and those commuters parking in the other lots (private), who pay more overall, would not be paying for the detail if the Town didn't assess the fee on those private lots. Mr. DelVecchio suggested a conversation with Chief Sellon to see if he could cut back on the cost of details. Motion: To grant the license for Foundry LLC with no detail fee charged (DelVecchio /Aptowitz) FAILS 0:5 Motion: To grant a temporary 30 day license to Foundry LLC with the detail fee to be discussed at a later date (Aptowitz/DelVecchio) Discussion: Chairman Dentine suggested a sunset clause. Mr. Kozlowski is unsure that that works as there is a State statute describing how cities /towns can issue licenses and when they expire. Mr. Aptowitz does not want to hurt the business and felt Foundry, LLC should be able to operate until this is figured out. Mr. DelVecchio is intrigued at the thought that this is just a simple misunderstanding where both parties agreed to the percentage but it was unclear what it was to be based upon. Mr. Kozlowski stated the only thing that flies is the 30 day notion with no detail fee charged. Mr. Aptowitz noted that would be setting a precedent. Mr. Clemmey noted there are two issues at hand: 1) statement by Town Counsel that it unequivocally has to be actual cost, which is news to Mr. Clemmey (referencing it was in a letter but there have also been fixed rate bills over the past years), 2) 8% prorated on cars but if the Board looks at the BETA Group traffic study Foundry, LLC's contribution is 2% (reflects every car on Route 106 during peak hours). Mr. Aptowitz noted it was agreed that 16% was the percentage of parked cars where there may be other cars utilizing the Train Station and the agreement then became 8 %. Mr. Clemmey stated that was agreed upon as a resolution and the fact that the cost was to be based upon actual cost was never within those discussions because every bill that was received was a flat rate. Mr. Clemmey furthered that if Town Counsel is saying it must be based on actual cost by every means base it on actual cost which means the only thing to negotiate /adjust is the percentage or no fee at all. It is Mr. Clemmey's contention there was an agreement of 8% based on flat rate, which is what the Board needs to consider changing in order to be fair. IIe reiterated that 2% of the traffic is the reality of contribution of the lot based on the Town's own study. Mr. Clemmey also asked the Board to take into account that the detail officer is there four hours a day when in actuality (6 trains, 15 minutes per train) is only working 90 minutes where there is no benefit received after that and should be factored in to the percentage. Mr. Ross questioned the 2% where Mr. Clemmey noted it was based on am and pm counts. In questioning what to do, Mr. Aptowitz does not want to hear the business could not operate. Chairman Dentino felt there to be a lot of confusion regarding opinions and was reminded of the back and forth over the past year. Mr. Aptowitz asked if Foundry, LLC would be willing to sit down with the Town Manager to work this out to which Mr. Clenmrey agreed. Mr. DelVecchio noted it is his understanding the lots have the same number of spaces on a daily basis with no morning detail as the cars come in sporadically whereas at night they leave in a concentrated basis. Mr. DelVecchio asked if there was any way to conduct a traffic count of that time as the 2% seems underrepresented of the impact. Mr. Clemmey noted the study is complete (BETA). Mr. Clemmey noted that everyone is happier when the detail officer is there for the 15 minutes when the trains arrive and that Foundry, LLC has never disagreed that the Town needs a detail officer there as it is for the good of the community. Mr. Clemmey suggested 4% and that Foundry, LLC would not ask again. Mr. Ross felt it would need to be in the range of 6.5% - 7 %. Board Of Selectmen's Meeting April 29, 2015 Page 12 of 14 Motion: To grant a temporary 30 day license to Foundry LLC with the detail fee to be discussed at a later date (Aptowitz/DelVecchio) PASSES 3:2 Annino, Kozlowski NAY None. a. Vote To Approve Board of Selectmen Minutes April 22, 2015 b. Vote To Approve Warrants: • Town Vendor Warrant No. 15044T in the amount of $1,568,641.11 • Electric Department Vendor Warrant No. 15044E in the amount of $33,096.25 • School Department Vendor Warrant No. 150445 in the amount of $373,959.98 c. Licenses and Permits: • Consideration Of Water Installers License For J &T Excavating, Co. • Consideration of Commercial Parking Facility Renewal License for Xfinity Center Located at 875 South Main Street • Consideration of Commercial Parking Facility Renewal License for 888 Main Street, LLC d. Events: • Consideration Of Event Banner Request For Mansfield Pop Warner Halloween Road Race, October 3 e. Proclamation: • Consideration Of Proclamation For Older Americans Volunteer Recognition Day, May 8t' Motion: To aunrove the Consent A>?enda as presented (DelVecchio /Aimino) PASSES 5:0 • Town Payroll /Town Medicaid Payroll 15044PT in the amount of $308,092.25 Motion: To approve Town Payroll /Town Medicaid Payroll 15044PT $308,092.25 (Aptowitz/Kozlowski) PASSES 4:1 Dentino NAY • Town Deductions — Vendor Payroll 15044TV in the amount of $96,286.17 Motion: To approve Town Deductions — Vendor Payroll 15044TV $96,286.17 (Aptowitz/Kozlowski) PASSES 5:0 • Letter National Grid Regarding Current Vegetation Management Plan Mr. Kozlowski asked for the location of the plan. Mr. Ross noted National Grid has one line which goes through the Town. There is a website listed for further information. Mr. Ross noted there are no concerns from Katelynn Merrill, Conservation Agent. Mr. Ross drafted a letter to the Town's two Senators and Representative with regards to the Town's EPA Wastewater costs. Mr. Ross asked if the Board felt comfortable signing the letters this evening. Mr. DelVecchio would like to schedule this for further discussion at next week's meeting. Mr. Ross reminded residents that Dog License renewals are due by the end of the month. Mr. Ross reminded residents that the second Property Tax payment is due at the end of the week, Friday, May 1st, Board Of Selectmen's Meeting April 29, 2015 Page 13 of 14