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HomeMy WebLinkAboutBOS MINUTES 05-13-2015Board of Selectmen Minutes May 13, 2015 Present: George Dentino; Chairman, Jess Aptowitz; Vice Chairman, Olivier Kozlowski; Clerk, Doug Annino, Frank DelVecchio and William Ross, Town Manager Town Manager William Ross called the meeting to order. Mr. Ross reminded everyone the meetinp is being broadcast live and taped for fature broadcast on Mansfield Cable. Board of Selectmen Reorganization Mr. Ross called for nominations for Chairman for the Board of Selectmen: Mr. Annino nominated Mr. Dentin for Chairman. Mr. Ross called for any other nominations to which there were none. Mr. Ross asked for a vote for Mr. Dentino as Chairman for the Board of Selectmen — PASSES 5:0 Chairman Dentino thanked his fellow Board members for their support and felt there was a great deal of respect for one another on the Board and looked forward to the coming year. Chairman Dentino asked for nominations for Vice Chairman: Chairman Dentino nominated Mr. Aptowitz for Vice Chairman. Mr. Annino seconded the nomination. Chairman Dentino asked for a vote for Mr. Aptowitz as Vice Chairman for the Board of Selectmen — PASSES 5:0 Chairman Dentino asked for nominations for Clerk: Mr. Annino nominated Mr. Kozlowski for Clerk. Mr. Aptowitz seconded the nomination. Chairman Dentine asked for a vote for Mr. Kozlowski as Clerk for the Board of Selectmen — PASSES — 5:0 Light Commission Reorganization Chairman Dentino asked for nominations for Chairman for the Light Commission: Mr. Annino nominated Mr. Aptowitz for Chairman for the Light Commission, Mr. DelVecchio seconded the nomination. Chairman Dentino asked for a vote for Mr. Aptowitz as Chairman for the Light Comunission — PASSES 5:0 Chairman Dentino asked for nominations for Vice Chairman for the Light Commission: Mr. Amnino nominated Mr. Kozlowski for Vice Chairman for the Light Commission. Mr. Aptowitz seconded the nomination. Chairman Dentino asked for a vote for Mr. Kozlowski as Vice Chairman for the Light Commission — PASSES 5:0 Chairman Dentino asked for nominations for Clerk for the Light Commission: Mr. Annino nominated Mr. DelVecchio for Clerk for the Light Commission. Mr. Kozlowski seconded the nomination. Chairman Dentino asked for a vote for Mr. DelVecchio for Clerk of the Light Commission — PASSES 5:0 Board Of Selectmen's Meeting May 13, 2015 Page 1 of 8 Mr. Kozlowski read the Public Meeting Notice into the record. Motion: To open the Public Hearing (Kozlowski/DelVecehio) PASSES 5:0 Ethan Schaff is the attorney representing JODAMI Liquors. The applicant is looking to transfer the all alcoholic beverage, not to be drunk on the premises, license from Bristol Liquors, whose current owner has been a long time resident (38 years) of Mansfield operating the establishment, to Miguel Sanchez, whose family is experienced in the industry. Mr. Sanchez will own and operate the business establishment as manager and his family (two uncles) will own the property. Due to the applicant financing a portion of the real estate the bank requires an abundance of collateral which in this case is the pledge of the license, which has been included with the transfer application. Mr. Schaff also noted that Mr. Sanchez is currently working for his uncle in the industry and has been in the tax industry as well. Mr. Sanchez has completed TIPS certification. Mr. Aptowitz asked if Mr. Sanchez would be working at the establishment Rill time to which he reported he would. Mr. Aptowitz noted that the Board takes alcohol licensing very seriously. I-Ie asked Mr. Sanchez to be diligent and wished him luck. Mr. Amrino asked if there would be any renovations to which Mr. Schaff responded not at this time as it is a good liquor store but perhaps in the future. Mr. Annino reviewed the map and asked for a more professional drawing of the floor plan. Mr. Schaff would be sure to have that done and submitted within the week. Chairman Dentino asked for the type of deck off the back of the premises to which it was noted a pressure heated deck with a railing and stairs. It was important to the Chairman that this meet the secondary egress requirement. Mr. Ross explained to the applicant that the Town has a regulation regarding Change of Manager which requires the establishment to inform the Board within three days if there is a change of the manager of the license and to file the appropriate paperwork within 14 days. Mr. Kozlowski reviewed Mr. Sanchez's work history where he asked how long he has worked in the industry to which he noted since May, 2014 where there have been no issues. There was no public comment. There was a discussion about whether to vote on the license given there is no professional floor plan. Mr. Schaff requested the Board to vote this evening and promised to have the drawing submitted within the week. Chairman Dentino wished to provide some leeway. Motion: To close the Public Hearing (Kozlowski /DelVecchio) PASSES 5:0 Board Of Selectmen's Meeting May 13, 2015 Page 2 of 8 E bh � ', -' r>;ng ona h % ti t?�0 S� iris of Jla>quor dig�el - --u na _ t u� spa en�e�f"r=Al1 �.'Ico1►o ic�Bc�erag_�s, �T� aB��Drunk- �rtpuor�fi'_70 ' k ep�rs o <' o ana�3nc d6a�us� 1 ��sre� , , b St��?quolfs, M>;guel£Sanch z�� "_auag�o�ie nca �d� t�'o3��1'ansfer�r�f�G70 asf �trcet�� -� {�� Mr. Kozlowski read the Public Meeting Notice into the record. Motion: To open the Public Hearing (Kozlowski/DelVecehio) PASSES 5:0 Ethan Schaff is the attorney representing JODAMI Liquors. The applicant is looking to transfer the all alcoholic beverage, not to be drunk on the premises, license from Bristol Liquors, whose current owner has been a long time resident (38 years) of Mansfield operating the establishment, to Miguel Sanchez, whose family is experienced in the industry. Mr. Sanchez will own and operate the business establishment as manager and his family (two uncles) will own the property. Due to the applicant financing a portion of the real estate the bank requires an abundance of collateral which in this case is the pledge of the license, which has been included with the transfer application. Mr. Schaff also noted that Mr. Sanchez is currently working for his uncle in the industry and has been in the tax industry as well. Mr. Sanchez has completed TIPS certification. Mr. Aptowitz asked if Mr. Sanchez would be working at the establishment Rill time to which he reported he would. Mr. Aptowitz noted that the Board takes alcohol licensing very seriously. I-Ie asked Mr. Sanchez to be diligent and wished him luck. Mr. Amrino asked if there would be any renovations to which Mr. Schaff responded not at this time as it is a good liquor store but perhaps in the future. Mr. Annino reviewed the map and asked for a more professional drawing of the floor plan. Mr. Schaff would be sure to have that done and submitted within the week. Chairman Dentino asked for the type of deck off the back of the premises to which it was noted a pressure heated deck with a railing and stairs. It was important to the Chairman that this meet the secondary egress requirement. Mr. Ross explained to the applicant that the Town has a regulation regarding Change of Manager which requires the establishment to inform the Board within three days if there is a change of the manager of the license and to file the appropriate paperwork within 14 days. Mr. Kozlowski reviewed Mr. Sanchez's work history where he asked how long he has worked in the industry to which he noted since May, 2014 where there have been no issues. There was no public comment. There was a discussion about whether to vote on the license given there is no professional floor plan. Mr. Schaff requested the Board to vote this evening and promised to have the drawing submitted within the week. Chairman Dentino wished to provide some leeway. Motion: To close the Public Hearing (Kozlowski /DelVecchio) PASSES 5:0 Board Of Selectmen's Meeting May 13, 2015 Page 2 of 8 Motion: To approve the transfer of the all alcohol license, not to be drunk on the premises, from Bristol Management dba Bristol Liquors to JODAMI Liquors, Inc. dba Bristol Liquors, Miguel Sanchez, Manager, conditioned upon receipt of professional floor plan (Kozlowski Discussion: Ms. Whalen explained to the Board that there is a 48 hour filing requirement with the ABCC once the hearing has taken place. She further noted that the drawn floor plan submitted with the application is sufficient for the ABCC. Mr. Aptowitz agreed with Mr. Annino's point of seeing the plan prior to approval. Mr. Schaff interjected to state that he has spoken with Ralph Sacramone, Executive Director of the ABCC who stated that Ms. Whalen could hold the file in relation to waiting for an additional month of bank statements. This would allow the applicant to submit the drawing in plenty of time and not violate the 48 hour requirement. Motion: To approve the transfer of the all alcohol license, not to be drunk on the premises, from Bristol Management dba Bristol Liquors to JODAMI Liquors, Inc. dba Bristol Liquors, Miguel Sanchez, Manager, conditioned upon receipt of professional floor plan (Kozlowski/DelVecchio) PASSES 5:0 Motion: To approve the Pledge of License to Mechanics Cooperative Bank (Kozlowski/DelVecchio) PASSES 5:0 Shaun Burke, Town Planner, and Mike Ahern, DPW Special Projects Manager /Sub - Division Inspector, are present before the Board. Mr. Burke reported that Mr. Ahern was on site until earlier this evening where all punch list items have been completed with the exception of the stamping of the concrete and few street trees that have yet to leaf out. It is Mr. Burke's recommendation that the acceptance of the street move forward and that the Town hold $50,000 (until the end of June) of the $75,000 surety. Mr. Burke furthered that in actuality the developer has not requested any release of funds so the Town is holding $75,000. Mr. Burke noted that the Board should be in possession of a letter from Narragansett Improvement, the asphalt company hired to do the stamping stating they will not warrant the work until after June 15`1'. Mr. Burke felt this is not unusual as temperatures are still on the colder side. Mr. Kozlowski spoke to the speed table and its purpose of slowing down vehicles. He wanted clarification that it would still function as it was intended. Mr. Burke stated that the elevation of the speed table and the angle of approach will not change, only the surface will. Mr. Kozlowski stated it was his understanding that the speed table would function in a way that if a vehicle was travelling too fast its suspension would bottom out. Mr. Burke stated the problem with that issue was that the approach needed to be modified from the original design from Branch Street because the distance from the gutter line on Branch to the front edge of the bike path was such that all vehicles were bottoming out no matter what speed. He further explained that the distance was too short to make the transition to slowing speed to lOmph without bottoming out but remains a pronounced speed table. Mr. Annino asked if this would be a future liability for the Town in terms of damaged vehicles. Mr. Burke felt if the designed remained the same there could have been a concern for potential liability but not with the modification and signage (stop, caution, pedestrian) there is adequate warning. Mr. Armin asked Mr. Ahern if he had any concerns to which Mr. Ahern noted the area Board Of Selectmen's Meeting May 13, 2015 Page 3 of 8 is very well lit and that the grading was changed approximately two inches over an eight foot section. Mr. Aptowitz stated in his eight years he cannot remember this amount of attention to a road acceptance and felt that the Board has always relied on staff and their opinion if a road was ready. He stated that although he is not in favor of the egress, and never has been, lie felt he is not in a position to question staff's comments on a punch list. Chairman Dentine has an issue with an incomplete punch list and referenced three previous meetings where Mr. Burke was told the Board would not take any action until the punch list has been completed. The Chairman also noted that he visited the site earlier this evening. Chairman Dentine asked specifically: • Catch Basins — proof of clearing to Engineering Department: Mr. Burke stated it has been completed by Truax and noted the basins have been marked though spray painting as proof. • Storm Ceptor — shown on drawing in asphalt but witnessed pumping from grass: Mr. Burke noted that one in particular is part of the drainage area where Mr. Burke made Truax clear that as well. Chairman Dentino noted the storm captor is not identified correctly on the plan. He reminded Mr. Burke he has asked for an overlay of the as -built /existing to draft plan where the Board could assure accuracy. • Yield To Traffic — Chairman Dentine remembers that bicycle /pedestrian traffic would have to yield to automobiles. • Stamping — the Chairman felt there is no reason why that could not be completed. • Hydrant Painting — the Chairman noted that is not complete. Mr. Ahern noted that the Water Department has requested painting as well as placement of flags. Chairman Dentino does not have a problem with this but stated the responsibility of clearing this lies not with the Water Department but with Mr. Burke, Mr. Ahern and Mr. Alves. Mr. Burke was confused as he supervised the construction of over 200 streets (since 1989) and was unsure why he is being lectured about a painted hydrant by a member of the Board and stated he resented it. Chairman Dentine was sorry Mr. Burke felt that way. Mr. Burke asked for the Chairman to call for a vote of the Board. Chairman Dentino would not. Mr. Burke furthered that he would speak only to the quality of construction of the road. The discussion centered on the fact that the punch list is incomplete and whose responsibility that falls to (Mr. Burke, departments or the developer). Mr. Ross felt the questions to be legitimate and deserved legitimate answers. Mr. Ross stated that if the Water Department stated they would paint the hydrants and flag them then it would be done. If not, it could be charged back to the developer through the surety. Mr. Ross stated that if Mr. Burke is assuring that everything on the list is completed other than the two items (stamping and trees) and painting of the hydrant then that is where we are. He asked if the Electric Department has certified to which Mr. Burke noted it has. Mr. Annino reminded that the Town is holding money to which Chairman Dentino stated it is not about the money but rather protecting the residents of the area and completion of the punch list. The Chairman noted that a letter from the Electric Department of its satisfaction should also have been provided prior to this meeting as well as the Water Department regarding the hydrants. The Chairman was concerned that the Board did not have the back -up as well as the requested overlay. Board Of Selectmen's Meeting May 13, 2015 Page 4 of 8 Mr. Burke noted that the Chairman has never requested an overlay in all his years on the Board and does not recall Chairman Dentino asking for a mylar overlay with regards to this project. Mr. Burke noted the road has been constructed using solid materials which will function for the next 20 to 30 years. He is proud of the work done by Mr. Ahern and Rick Alves, Town Engineer in working with the developer and the residents. Chairman Dentino was not happy with the process of the punch list and reminded that the agreement of the Board, at the initial public hearing was that it would not be accepted unless the punch list was complete. Motion: To recommend acceptance of Lincoln Road (Amiino/DelVecchio) Discussion: Mr. Aptowitz will vote in the positive but again stated for the record lie is not in favor of the egress but believes in the staffs work and opinion. Chairman Dentino reminded the Board of the agreement not to accept the way unless the punch list was completed. Motion: To recommend acceptance of Lincoln Road (Armin /DelVecchio) PASSES 4:1 Chairman Dentino noted his NAY vote is because the process was changed. $� an ece�rt nec o "� 5ement�i�`'og�teii u C�opelan�aRpad, antthe�Ar �� o aplea nth � e o�r�hee�a u �1 I2 ottrce�y1us of� pnsfie ��a��, Mr Rnss noted the NRT Board has annrnved and signed the easement where the Board will now need to accept it. I-Ie explained the easement was authorized at Town Meeting last year. Mr. Annino asked why the Town has to pay for this. Mr. Ross explained it is based on the appraisals. Motion: To accept the Grant of Easement (Aptowitz/Kozlowski) Discussion: Mr. Kozlowski asked if there was a restriction that the land could only be used for passive /recreation to which Mr. Ross noted the NRT owns the land and therefore would fall under its parameters. Mr. Kozlowski asked if this use is consistent passive /recreation to which Mr. Ross noted yes. Mr. Annino asked why the Town needed to pay for this to which Mr. Ross explained once the Town found that it would need to pay for some of the easements it was only fair to cant' that out to all. Mr. Ross noted that the amount is based on an appraised value. Motion: To accent the Grant of Easement (Aptowitz/Kozlowski) PASSES 5:0 Mr. Ross explained these are corrections that have been made after the Board had voted, while reviewing the Budget for any errors. Mr. Ross noted there were a few instances of errors within a salary account, expense items omitted (Council On Aging and Library) and it was also determined that within the preliminary budget there was a normal transfer from the Sewer account to pay for administrative duties that was not included in the revenue section. Corrections have been made by cutting from revenue sections ($17,000) in order to balance and do not change what is needed for taxes. Mr. Ross noted that Articles 22 and 24 will be withdrawn. Motion: To approve the amended Articles PASSES 5:0 Karl Clemmey, 175 Essex Street, asked the Board to take into consideration the Articles that the Clemmeys' are presenting at Town Meeting as he felt they could bring in additional money and Board Of selectmen's Meeting May 13, 2015 Page 5 of 8 growth to the Town. Mr. Clemmey would appreciate the support of the Board and Town Manager of their projects, referencing West Street. Gary Forget, Webb Place, asked when the list of Capital Improvements for the Schools would be released as he has learned the number to be in the $8 - $14 million range over the next ten years. Mr. Ross noted the report is not complete and would come directly from the Schools. Mr. Forget asked if it would be announced at Town Meeting to which Mr. Ross was unsure as it is a School report that he and the Board have yet to see. Mr. Forget felt that the Town is charging residents, through excise taxes ($3 million), for road repairs and then borrowing ($2 million) additionally on top of that. He felt the Board has started a precedent in borrowing money for road construction, which will make the outlook for the Town more difficult financially as the debt is compounded. Mr. Forget felt the tax payers are paying twice. Mr. Kozlowski asked how residents are being charged twice for roadways. Mr. Forget explained through excise tax for General Fund money. Mr. Ross recalled the history of that tax was from World War II and never discontinued and always intended for the General Fund with no relationship to roads. Scott Feeley, Fruit Street, member of Finance Committee and Chair of the Capital Improvement Committee, stated that as far as revenue is concerned money is money where there is a rigorous and successful process in deciding on how to spend it. He noted some goes to roads where the Finance Committee was the motivator to say rather than looking at how much money to spend there should be a program where a certain amount is spent each year and to borrow for that program as the cost of borrowing is advantageous. He noted a systematic program allows the Town to plan more effectively. Mr. Ross stated the borrowings done for roads are within Prop 2 %2 and are not an additional burden. He noted the Finance Committee has made a determination that annual borrowing can be accomplished without increasing dramatically the amount needed from the General Fund because other debt is coming off from previous years. Mr. Ross noted that when it comes to the schools he has not seen any report but that the Town will do the same thing for the schools that was done for the municipal buildings where the Town will sit down to prioritize the work in a manner that can be applied to the State Building Authority, who provides matching funds. Mr. Ross furthered they would be prioritized in a manner of immediately, over time and wants but not necessarily needs. a. Vote To Approve Board of Selectmen Minutes May 6, 2015 b. Vote To Approve Warrants: • Town Vendor Warrant No. 15046T in the amount of $33,872.02 • Electric Department Vendor Warrant No. 15046E in the amount of $344,327.06 • School Department Vendor Warrant No. 15O46S in the amount of $463,239.72 c. Vote To Approve Warrants: • Consideration of Proclamation for Craig Certuse of the Mansfield Challenger Athletic Program • Consideration of Proclamation for Ethan Wentworth Ham, For Promotion to Eagle Scout Board Of Selectmen's Meeting May 13, 2015 Page 6 of 8 • Consideration of Proclamation for Ian William Bryer, For Promotion to Eagle Scout • Consideration of Proclamation for Amanda Wendland, for Achievement of Girls Scout Gold Award Mr. DelVecchio asked that the May 6, 2015 minutes be removed from the Consent Agenda as he has edits which he was unable to make prior to this evening's meeting. Motion: To approve the Consent Agenda with the removal of Minutes from May 6, 2015 (DelVecchio / Annino) PASSES 5:0 • Town Payroll/Town Medicaid Payroll 15046PT in the amount of $317,940.83 Motion: To approve Town Payroll /Town Medicaid Payroll 15O46PT $317,940.83 (Kozlowski /Aptowitz) PASSES 4:1 Dentino NAY • Town Deductions — Vendor Payroll 15046TV in the amount of $95,828.77 Motion: To approve Town Deductions — Vendor Payroll 15046TV $95,828.77 (Kozlowski /Aptowitz) PASSES 5:0 • Thank You Note to the DPW Regarding Mail Box Replacement from Mr. and Mrs. Richard Tarrantino, 254 Mill Street. Mr. Kozlowski read the note into the record. Mr. Annino asked Mr. Kozlowski to read all Proclamations into the record. With regards to the Proclamation for Craig Certuse, Mr. Annino commented that Mr. Certuse is a great individual who has grown up in Mansfield and has worked tirelessly with the Challenge Program. Mr. Kozlowski also echoed Mr. Annino's thoughts as his daughter has participated in the program. Mr. Ross reported he received an email this week from the Mural Committee regarding receipt of the final design from the artist, which they will meet to approve. Mr. Ross noted the agreement states the artist must finish by June 30, 2015. Mr. Ross reported that the Town is in receipt of first draft of the Comprehensive Amoral Financial Report (CAFR) for June 30, 2014 by Todd Hassell. Mr. Ross noted that he, Department Heads and the School Department staff met with two representatives from FEMA to work with the Town for filing for reimbursement of damages caused during the Blizzard (48 hour period) and other expenditures. FEMA reported there are a number of items that will be considered: roof damage, light pole and street sign damage, guard rails, and in one case a section of pavement on Plymouth Street. All of the information is being put together and will be filed timely. Mr. Ross noted that the Treasurer has done tax takings for FY14, totaling 16 properties, which amounted to $45,867 (.09% of total levy). Mr. Ross noted there is an opening on the Board of Assessors, which is a unique Board in that the members are, required to pass training by the State and obtain certification. There is an immediate need to find a new member. Mr. Kozlowski asked how long the training is to which Mr. Ross felt there are several sessions spread over multiple weeks. Mr. Ross noted that any interested parties could find the application on the Town's website or contact the Town Manager/Board of Selectmen's office. Board Of Selectmen's Meeting May 13, 2015 Page 7 of 8 Mr. Ross also noted there are several vacancies on the Housing Corporation, which he noted has some real resources to assist in providing affordable housing in Mansfield ($1,000,000). Again, Mr. Ross asked for any interested parties to contact the Town Manager /Board of Selectmen's office. Mr. DelVecchio congratulated Chairman Dentino on his recent election. Mr. DelVecchio was excited to see the Town moving forwarded with the CAFR as it provides an explanation of what is going on, the changes, as well as what has driven certain thing. I-Ie felt it to be a much more useful document of what is going on. He felt Mr. Hassett to have an impeccable reputation. Mr. DelVecchio forwarded to Mr. Ross an email regarding an Economic Development and Infrastructure seminar June 17t11 (breakfast meeting) at Boston University. I-Ie noted Jay Ash, Commissioner of Housing and Community Development, who works specifically with medium sized cities and towns, will be present. Chairman Dentino is pleased to have this Board together as he finds it to be successful in its work. None. _ IIIINI! . -_ = To adjourn Board of Selectmen's Meeting at 9:OOPM (Annino/Kozlowski) PASSES 5:0 Signature of Clerk /tdw Board Of Selectmen's Meeting May 13, 2015 Page 8 of 8 5 Z =- -(S' Date of Approval