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HomeMy WebLinkAboutBOS MINUTES 5-27-2015Board of Selectmen Minutes May 27, 2015 Present: Jess Aptowitz; Vice Chairman, Olivier Kozlowski; Clerk, Doug Annino, Frank DelVecchio and Nick Riccio, Acting Town Manager Vice Chairman Aptowitz called the meeting to order. Mr. Aptowitz reminded everyone the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. Mr. Aptowitz asked for a moment of silence for Leonard Flynn, long -time resident of Jewell Street in Mansfield who recently passed. It was noted that Mr. Flynn was extremely involved with the NRT and Conservation issues. Mr. Aptowitz expressed condolences to Mr. Flynn's family and friends on behalf of the Board. Lee Azinheira, DPW Director, is present before the Board. Mr. Azinheira addressed this year's water restrictions: • Effective May 291" through September 7 °' • Odd /Even Watering (even numbered houses water even numbered days and odd numbered houses water odd numbered days) • Lawn watering is further limited to the hours in the morning between 5:00am — 9:00am and in the evening between 5:00pm — 9:00pm • Hand held hose use is allowed any time Mr. Azinheira noted this has been typical for the past 15 years but pointed out that these restrictions are expected to change next year due to the issuance of a new Water Management Act permit in February. The new permit is anticipated to be more restrictive where outside watering will only be allowed two days a week and if stream flows fall to drought conditions the limitation could then fall to one day a week. Mr. Azinheira noted that both Easton and Foxboro are currently at two days a week and Norton has banned automatic sprinklers. Mr. Aptowitz asked even with the addition of $12 million in wells. Mr. Azinheira explained those wells were for treatment. Mr. Kozlowski asked where the Town currently sits in terms rain fall and water levels. Mr. Azinheira did not have exact numbers but felt the numbers to be lower due to the dry spring but did noted that due to improvements the Town does have flexibility even if the conditions remain dry. He reminded that the Phase 1 restrictions are what the Town is required to do by the State. Motion: To implement Phase 1 water restrictions effective May, 29, 2015 through September 7, 2015 (Amiino /DelVecchio) PASSES 3:1 Kozlowski NAY Mr. Azinheira distributed to the Board colored photos of the area which have been made a part of the record. Board Of Selectmen's Mecting May 27, 2015 Page 1 of 5 Present is Ziad Jamous, 33 Church Street, who is requesting an extension of curbing at his residence in order to prevent cars from parking on the sidewalk. Mr. Aptowitz explained that typically the Board gets a recommendation from the DPW or Zoning Enforcement Officer and asked Mr. Azinheira if he had any thoughts before he opened this discussion up to the Board. Mr. Azinheira noted that this does not meet the criteria covered in the Sidewalk Extension Policy (adopted by the Board in 2004) and it is his and Mr. Ross' recommendation to ask the Board for approval to deviate from the policy. Mr. Azinheira has explained to Mr. Jamous that he does not disagree with him but the issue here is there is a written policy where whatever the Town does for him that deviates from the policy it would need to be prepared to do for other residents. Mr. Aptowitz asked if the cars are parking on private or public way to which Mr. Azinheira noted it is a public way, which Mr. Jamous maintains. Mr. Jamous originally asked for the curbing to be extended and he would install the sidewalk. Mr. Jamous explained the parking issue stems from lack of spaces on the main street for patrons of the bar in the area and is typically Thursday through the weekend where it is his contention that the area is disturbed. Mr. Annino reviewed the options before the Board: property owner pays 100 %, property owner and neighbors pay 100 %, property owner or group want to extend sidewalk and seek Town participation in the cost or lastly property owner or group want to extend the sidewalk and are seeking Town to fund and to assess the property owners for their share of the cost. Mr. Annino referenced the sewer extension on Tremont Street where he and his neighbors financed the extension. Mr. DelVecchio asked if there have been many requests of this nature to which Mr. Azinheira explained the department does receive them on a regular basis (referenced recent requests for Otis and Maple streets and various sections of School Street) especially when there is a road project. Mr. Azinheira stated that residents are informed of their options as written in the policy. Mr. Delvecchio is looking for a sense if Mr. Jamous' situation is different from the examples provided, creating a precedent. Mr. Azinheira felt that if this were approved there would be other candidates. Mr. Kozlowski felt, when entertaining requests "from others ", it is not prohibitive of the immediate area but the entire Town. He summarized that Mr. Jamous' request essentially is to deviate from the policy in place. Mr. Azinheira furthered that Mr. Jamous' initial request (over two years ago) was to do the entire project but has since revised that and is asking only to assist with the curbing. Mr. Kozlowski asked what the cost would be to which Mr. Azinheira felt it would be approximately $2,000 - $3,000 and would entail hiring a contractor to open a permit to the Town's specs. Mr. Kozlowski felt the question is if the Board is being asked to deviate from the policy and if it is that will allow requests for the entire Town. Mr. Aptowitz asked how long Mr. Jamous has owned the property to which he noted since 2003. With all due respect, Mr. Aptowitz felt that Mr. Jamous purchased the property knowing there would be traffic issues. Mr. Aptowitz asked if the telephone pole would need to be moved to which Mr. Azinheira felt it would not as there is sufficient clearance. Mr. Aptowitz and Mr. DelVecchio suggested placing a parking restriction and use enforcement for that. Mr. Aptowitz asked if Police Chief Sellon and Public Safety Officer Kivahan could opine on the topic. Mr. Riccio would follow up with Public Safety. Board Of Selectmen's Meeting May 27, 2015 Page 2 of 5 Motion: To approve execution of the order of taking (Aimino /DelVecchio) PASSES 4:0 Karl Clemmey, 175 Essex Street, is before the Board. Mr. Clemmey asked if the Board would take a vote regarding the special permitting by the Planning Board for the Crugnale project. Mr. Aptowitz explained that the Board is not required to take a vote as this is under the prevue of the Planning Board. Mr. Annino noted he will recuse himself from the discussion as lie is involved in the project. Mr. Kozlowski, in his experience on the Zoning and Planning boards, noted he did not recall the Board of Selectmen getting involved with special permitting. Mr. Riccio noted the property Mr. Clemmey is referring to is One Mansfield Avenue, a mixed use development property where the Planning Board will grant or deny a special permit for a portion of the project and at least site plan approval of the remainder. Mr. Riccio explained there will be a public hearing and appeal process. Mr. Aptowitz noted each member could have a personal opinion but there would be no formal vote. Mr. Clemmey felt when he built Erin Centre every board in the Town made a recommendation and he questioned what the applicant's community benefits would be for the Town as he has seen nothing in print, online or television. Mr. Aptowitz felt this would be a good question at the next Planning Board meeting. Mr. DelVecchio felt Mr. Clemmey had a good point in that the Board should have the information and details available so that it is aware of large scale /major projects. Mr. Aptowitz felt all projects should have to go through the same process. Mr. DelVecchio noted this would be for informational purposes only and not for the Board to approve. Mr. Riccio explained that the Planning Board's meeting was cancelled due to a quorum issue where the applicant chose not to proceed. Scott Feeley, 489 Fruit Street, spoke to the Board regarding the earlier issue with regards to the request of a curb extension. Mr. Feeley noted it is good to have policies but with difficulties like that it is problematic for residents, especially those abutting Town property. Mr. Feeley suggested another approach would be to speak with the establishment to remind them of appropriate places to park. Mr. Aptowitz felt this would not work. a. Vote To Approve Board of Selectmen Minutes May 6, 2015 and Board of Selectmen Minutes May 13, 2015 b. Vote To Approve Warrants: • Town Vendor Warrant No. 15047T in the amount of $542,965.71 • Electric Department Vendor Warrant No. 15047E in the amount of $194,069.43 • School Department Vendor Warrant No. 15047S in the amount of $61,144.88 • Town Vendor Warrant No. 15048T in the amount of $1,228,980.34 • Electric Department Vendor Warrant No. 15048E in the amount of $11,352.25 • School Department Vendor Warrant No. 150485 in the amount of $312,617.99 c. Licenses And Permits: • Consideration of Common Victualler License Renewal for Main Street Juice, LLC to Expire December 31, 2015 • Consideration of Consideration Of Commercial Parking Facility License renewal For A -C Intermediate • Consideration of Water Installers License for Brunelle Contracting LLC Board Of Selectmen's Meeting May 27, 2015 Page 3 of 5 • Consideration of Drainlayers License for Brunelle Contracting LLC • Consideration of Drainlayers License for P. Beatty Excavation Inc. • Consideration of Water Installers License for P. Beatty Excavation, Inc. • Consideration of Hackney Carriage Licenses for Veterans Taxi Subject to Satisfactory Inspection By Public Safety Officer o Vehicle 2 —2011 Dodge Caravan • Vehicle 3 — 2013 Chrysler Town & Country Van • Vehicle 5 —2013 Ford Fusion c. Events: • Consideration of Event Application for Family Fun Night 2015, July 14, 2015 • Consideration of Block Party Request for Shawmut Avenue Neighborhood, June 27, 2015 • Consideration of Event Application, Fee Waiver and Banner Request for Tri -Town Chamber of Commerce 8t' Annual Taste of Tri -Town, October 6, 2015 • Consideration of Event Application, Fee Waiver and Banner Request for Friends of Memorial Park 2nd Annual Mansfield Family Turkey Trot, November 22, 2015 • Consideration of Banner Request for Friends of Memorial Park Ice Cream Social Motion: To approve the Consent Agenda (Kozlowski /Annino) PASSES 4:0 Motion: To reconsider approval of the Consent Agenda (Kozlowski /Annino) PASSES 4:0 Motion: To approve the Consent Agenda with the removal of Shawmut Avenue Block Party request (Kozlowski/Amrino) PASSES 4:0 • Town Payroll /Town Medicaid Payroll 15047PT in the amount of $308,413.01 Motion: To approve Town Payroll /Town Medicaid Payroll 15047PT $308,413.01 (Kozlowski /Amrino) PASSES 4:0 • Town Deductions — Vendor Payroll 15047TV in the amount of $94,950.25 Motion: To approve Town Deductions — Vendor Payroll 15047TV $94,950.25 (Kozlowski /Aimino) PASSES 4:0 • School Payroll /School Medicaid Payroll 15047PS in the amount of $1,537,359.32 Motion: To approve School Payroll /School Medicaid Payroll 15047PS $1,537,359.32 (Kozlowski /Amiino) PASSES 4:0 • School Deductions — Vendor Payroll 15047SV in the amount of $503,395.28 Motion: To approve School Deductions — Vendor Payroll 15047SV $503,395.28 (Kozlowski /Amrino) PASSES 4:0 • Town Payroll/Town Medicaid Payroll 15048PT in the amount of $331,343.27 Motion: To approve Town Payroll/Town Medicaid Payroll 15048PT $331,343.27 (Kozlowski /Annino) PASSES 4:0 • Town Deductions — Vendor Payroll 15048TV in the amount of $100,260.61 Motion: To approve Town Deductions — Vendor Payroll 15048TV $100,260.61 (Kozlowski /Annino) PASSES 4:0 None. No Town Mr. DelVecchio noted he had the opportunity to attend the Massachusetts Selectmen's Association Regional meeting in Boston where Sean Cronin (new Special Deputy for Revenue for local services) spoke regarding a new initiative that is being spearheaded by the Lieutenant Governor's Board Of Selectmen's Meeting May 27, 2015 Page 4 of 5 office and Division of Local Services as a one -stop shop for technical assistance on various issues (environmental, budget and finance, web). Mr. DelVecchio will speak with Mr. Ross and hoped the Town would be in line with receiving assistance. Mr. Kozlowski noted that the Board of Health will hold a public hearing regarding raising the age to purchase cigarettes from 18 to 21. He asked the Board if there could be an agenda item where the Board could opine on that. Mr. Aptowitz was in agreement that the Board should discuss. Mr. Aptowitz asked Mr. Riecio to follow up on the salary listing he has requested from Mr. Ross' office. Mr. Aptowitz would like to see that distributed to the Board. Mr. Aptowitz noted that the Light Department has received a national award which Gary Babin will report at the next Light Commission meeting. Ms. Whalen reported that she has following up with Erica Kilduff, Director of Marketing, LiveNation, regarding the photo books received with the Economic Impact Report. Ms. Kilduff stated there is no value to the book as it is not for sale to the public and was Oven to all clients. None. To adjourn Board of Selectmen's Meeting at 7:48PM (Amrino /Kozlowski) PASSES 4:0 Signature of Clerk Date of Approval /tdw Board Of Selectmen's Meeting May 27, 2015 Page 5 of 5