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HomeMy WebLinkAboutBOS MINUTES 7-01-2015Board of Selectmen Minutes July 1, 2015 Present: George Dentine, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; and William Ross, Town Manager. Mr. DelVecchio was not present for the start of the meeting. Chairman Dentin called the meeting to order at 7:00 p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. He asked if any members of the audience were recording, and there were none. Mr. Kozlowski read the Public Notice into the record. Mr. DelVecchio arrived at 7:20 Motion: Kozlowski/Aptowitz to open the Public Hearing (4 -0) PASSES Mr. Stopa, counsel for Vision Hampshire LLC addressed the Board and introduced Mr. Sharma, applicant for manager, and Zachary Frances, General Manager of the hotel. He presented the petition for the transfer as well as the Manager application. Mr. Aptowitz inquired when the transfer of the business occurred and Mr. Stopa indicated that the transfer had taken place on June 1st, with the prior owner operating the liquor sales under an Agreement to Operate under the license. He explained that the Agreement to Operate was intended to cover the transition period. Mr. Aptowitz stated that he had heard that a transfer had taken place quite some time ago, and that staff here had to track down the application. Mr. Stopa indicated that, by virtue of the Operating Agreement, Boston Hospitality is still running the bar. Mr. Kozlowski asked when the closing had occurred. Mr. Stopa explained the transaction, and acknowledged the delay between the closing and the ability to submit the liquor license transfer application. Mr. Aptowitz asked who the current manager of record is. Mr. Stopa indicated that under the Operation Agreement, the current manager is the same now as it was before the transfer in June. Board Of Selectmen's Meeting July 1, 2015 Page 1 of 8 Mr. Ross commented that the manager under the license is listed as Glen Vuilleumier, but that he had heard that all senior staff had been terminated, and believed that there has not been a manager on site since June 1st. Mr. Aptowitz expressed his concern that there is no manager of the liquor license on site for the last 30 days. Mr. Aptowitz asked who terminated all senior staff, and Mr. Stopa did not know the answer to the question and was not aware there had been terminations. Mr. Kozlowski asked why the change couldn't be accomplished when they entered into the purchase and sale agreement, and Mr. Stopa indicated that the complexity of the transaction required additional time and that it was necessary to have a fully executed lease prior to petitioning for the license transfer. Mr. Stopa then introduced Mr. Sharma who outlined his experience. He has been working in the hospitality business for 20 years; he received his degree from Southern New Hampshire University and worked at the Marriott Hotels; he co- founded Global Vision Hotels in 2008; he currently operates 10 hotels and owns 8 of them; he has extensive background in food and beverage and room management. Mr. Dentine, asked Mr. Sharma if he is the current manager and asked if he was routinely on the premises. Mr. Ross expressed his concern that Mr. Sharma's application to serve as manager indicated that he planned to be on the premises 0 hours per week. Mr. Stopa indicated that the 0 is an error in the application and will submit a new form. Mr. Dentine, inquired of Mr. Sharma how many other hotels he managers, and Mr. Stopa indicated that Mr. Sharma operates only this hotel. Mr. Stopa commented that he believes the community will be far better served by having this new company operating this hotel. He apologized and indicated that this is not how they wanted to be introduced to the Board. Mr. Dentino is concerned that the process was not smooth. Mr. DelVecchio stated that what was most troubling to him is that Boston Hospitality was very disorganized, and they are the manager of record. Mr. Stopa explained that Boston Hospitality pays Mr. Sharma to do the work under their license until it is transferred. Mr. DelVecchio stated that lie believes it is important to get a new manager of record in place and asked what the Board's recourse is to Boston Hospitality. Mr. Ross explained the ABCC rule concerning manager change and the requirement for the immediate notification. Mr. Stopa stated that it was his understanding that the ABCC had been notified by Boston Hospitality and acknowledged that the Town should have been notified. Mr. Ross indicated that he had tried unsuccessfully on numerous occasions to reach management at the Holiday Inn immediately after he heard about the transfer. Mr. Aptowitz asked if the real estate transfer should have triggered the notice. Mr. Stopa explained that the entity purchasing the real estate was not going to be operating the license, so they were not concerned about notification. Mr. DelVecchio expressed the concern that Mr. Sharma did not recognize the fact that the manager needed to be changed. Mr. Sharma acknowledged that he now understands the notification requirement. Mr. Aptowitz inquired if Mr. Sharma is currently TIPS certified and Mr. Stopa replied that he is not, but all of the staff is TIPS trained. Mr. Aptowitz indicated that he is very concerned that the proposed manager of the license is not TIPS certified, to which Mr. Stopa replied that Mr. Sharma would immediately seek certification and notify the Board when that had been accomplished. Board Of selectmen's Meeting July 1, 2015 Page 2 of 8 Mr. Kozlowski stated that he believes that the Common Victualler License and the Entertainment License should probably be issued, but that he is very concerned about granting a license to an entity whose manager of record is not TIPS trained to which Mr. Stopa replied that if the Board is willing to approve the transfer of the alcohol license, the TIPS training would be completed well before the ABCC takes action on the license. Mr. Kozlowski further expressed the concern about who is managing the license in the interim. Mr. Zachary Francos, General Manager of the hotel indicated that he had seen Mr. Vuilleumier on premises several times a week and believes that he is still managing the license. Mr. Dentino inquired as to whether or not any other TIPS trained staff members could step in and manage the license. Mr. Stopa replied that Mr. Sharma would be TIPS trained by the end of the week. Motion — (Aptowitz/DelVecchio) to close the public hearing. PASSES 4 -0. Mr. Dentino asked if there was anyone in the audience who wished to address the Board and, seeing none, Chairman Dentin called for a vote. The Motion PASSED unanimously 4 -0. Public hearing was declared closed at closed at 8:02 p.m. • Motion (Kozlowski /Aptowitz) to approve the transfer of the common victualler license, PASSES 4 -0. • Motion (Kozlowski /Aptowitz) to approve the Sunday Entertainment License, PASSES 4 -0. • Motion (Kozlowski /Aptowitz) to approve the Weekday Entertainment License, PASSES 4 -0. • Motion (Kozlowski/DelVecchio) to approve the Transfer of the All Alcohol License, Vikram Sharma, Manager • Motion to Amend (Aptowitz/DelVecchio) to approve the Transfer of the All Alcohol License, Vikram Sharma, Manager, provided that Mr. Sharma provides evidence of TIPS certification within one week. PASSES 4 -0 • Motion (Kozlowski /Aptowitz) to approve early Sunday alcohol sales, PASSES 4 -0 Mr. Aptowitz apologized to Mr. Stopa for taking the Board's frustration out on the applicant. Mr. Stopa stated that he hopes to set the bar higher for other businesses in the future. 7 :Qtl �t/71S nsl� In ' ' s e �O. 'OtS Qd' to era it e xr ,' ,•� .�r g, f .,���_ . t. �,!??- �,�.�.._ mom. F� � R. Ckh�irman, „D nSln,�)r..�� �, y, ,.. Jeri Rumsis of the Field of Honor Committee spoke on behalf of the Committee. She stated that she thought the group was on the agenda for the presentation of the check resulting from the Field of Honor, but that there was some confusion. She stated that she had invited Francisco Urena to attend tonight's meeting but that it appears that lie was unable to attend. She asked if the group could present on July 15 "i. Chairman Dentino indicated that Ms. Whalen would look ahead in the schedule and will contact her. Ms. Rumsis thanked the Board and said that they are hoping to move ahead with plans for next year. She stated that some of the proceeds from this year will be held for next year's event. Board Of Selectmen's Meeting July 1, 2015 Page 3 of 8 Ms. Herbert read Ms. Whalen's memorandum indicating that Qdoba had complied with the requirement to immediately notify the Board of a change in manager. Jason Furtado, the proposed new manager for the Qdoba, introduced himself to the Board and outlined his past experience. He indicated that he had previously served as manager at this restaurant. Motion (Kozlowski/Aptowitz) to approve Jason Furtado as manager at Qdoba PASSED 4 -0. Mr. Ross stated that he had met with Mr. Karl Clemmey and Mr. William Clemmey and that it was agreed that Foundry LLC would pay 5% of the actual costs of the details at the train station. Mr. Kozlowski expressed a concern that perhaps the split of the details is not an accurate share. Mr. Aptowitz expressed his concern that the negotiations of the payment of the details will never end and asked if Foundry LLC will be looking for some other percentage next year. Mr. Ross stated that yes, there will be a renewed discussion for the next license year. Mr. DelVecchio stated that, while he disagrees with Foundry's argument of what detail percentage should be paid, he is pleased that a compromise has been reached and that Mr. Ross did the job that the Board asked him to do. Chairman Dentin stated that a significant amount of time has been spent on this issue and he encouraged the Board to move on this issue. Motion (DelVecchio) to accept the recommendation of the Town Manager and approve the Commercial Parking Facility License Renewal for Foundry, LLC. Mr. Aptowitz seconded, but asked for further discussion and clarification that this vote is only for the license for this year. PASSES, 3 -1. 5 §D��cuss�o��of� eal'�ea- 2016= Salarti* �dtustmeut�for _?lvotvn�Yanager�lhamlto�ss Mr. Aptowitz stated that he believes discussion of the Town Manager's salary should take place with all five members present and commenting. Mr. DelVecchio would like to have an opportunity to continent on the evaluation instrument and suggested that the Board look to the Human Resources Director for input on the document. Mr. Ross clarified that the salary adjustment being discussed now is a result of the evaluation done last January and suggested that the Board discuss options for a new instrument in the fall. All agreed that the document can be improved upon and Mr. Ross will ask Ms. Firing to look at it and make recommendations. Motion (Aptowitz/Kozlowski) to hold discussion of a salary adjustment for Fiscal Year 2016 until the Board's next meeting currently scheduled for July 15, 2015. PASSES 4 -0. Mr. Kozlowski stated that he was made aware that the Board of Health took action to raise the age for purchasing tobacco products from 18 to 21 at their last meeting by a vote of 2 -1 -1. He expressed his concern that two members of the Board of Health took action on a matter enacted for a population of 24,000 people. He stated that important decisions such as this should be made by a Board or Selectmen's Meeting July 1, 2015 Page 4 of 8 fall Board. He urged the Board of Health to reconsider its vote. Mr. DelVecchio also expressed a concern that a decision of this magnitude was decided this way. He stated that he feels it is important for the Board of Selectmen to interview all candidates for open board positions, even if they are up for reappointment and there are no other candidates. Mr. Kozlowski reminded the Board that the Board of Selectmen, under the Home Rule Charter, is supposed to be conducting bimonthly joint meetings of the chairs of all other boards. Mr. Aptowitz stated that a minority of a board should not be making a decision of this magnitude. Mr. DelVecchio clarified that his concern is with the procedure that was followed and not by the regulations themselves. Motion (Kozlowski) to ask to the Board of Health to reconsider its vote to raise the age for purchasing tobacco products from 18 -21 years of age. Chairman Dentino stated that he was surprised that this decision was made without a full board and was concerned about the abstention and that the reason for the abstention should have been noted in the minutes. Mr. Kozlowski thought that the reason was so that the member could obtain additional information. Mr. Aptowitz seconded the motion. FAILS 2 -2. (Dentin, DelVecchio NAY) a. Vote To Approve Board of Selectmen Minutes of the June 17, 2015 meeting of the Board of Selectmen. b. Vote To Approve Warrants: • Town Vendor Warrant No. 15052T in the amount of $373,065.67 • Electric Department Vendor Warrant No. 15052E in the amount of $39,672.00 • School Department Vendor Warrant No. 15052S in the amount of $407,060.05 • Town Vendor Warrant No. 15053T in the amount of $233,235.81 • Electric Department Vendor Warrant No. 15053E in the amount of $21,518.02 • School Department Vendor Warrant No. 15053S in the amount of $506,077.97 c. Licenses And Permits: • Consideration Of Corporate Name Change For Mansfield Gas & Service Class II License d. Events And Signage: • Consideration Of Event Permit Application For Wivagg Wedding, Friday, July 2411i, Fulton Pond OR South Common Gazebo (Rain) Motion: (DelVeechio/Kozlowski) to approve the Consent Agenda as presented, motion PASSES 4 -1. • Town Payroll /Town Medicaid Payroll 15052PT in the amount of $568,572.44. Motion: To approve Town Payroll /Town Medicaid Payroll 15052PT in the amount of $568,572.44 (Kozlowski /DelVecchio) PASSES 2 -1 -1. Mr. Aptowitz abstains from Voucher No. 48315. Town Deductions — Vendor Payroll 15052TV in the amount of $180,268.02 Motion: To approve Town Deductions — Vendor Payroll 15052TV in the amount of $180,268.02 (Kozlowski /DelVecchio) PASSES 4 -0 Town Payroll /Town Medicaid Payroll 15053PT in the amount of $355,450.02. Board Of Selectmen's Meeting July 1, 2015 Page 5 of 8 Motion: To approve Town Payroll /Town Medicaid Payroll 15053PT in the amount of $ 355,450.02 (Kozlowski/DelVecchio) PASSES 3 -0 -1. Mr. Aptowitz abstains from Voucher No. 48531. • Town Deductions — Vendor Payroll 15053TV in the amount of $107,494.51 Motion: To approve Town Deductions — Vendor Payroll 15053TV in the amount of $107,494.51 (Kozlowski/DelVecchio) PASSES 4 -0. • School Payroll /School Medicaid Payroll 15053PS in the amount of $1,112,922.49 Motion: To approve School Payroll /School Medicaid Payroll 15053PS in the amount of $1,112,922.49 (Kozlowski /DelVecchio) PASSES 4 -0 • School Deductions — Vendor Payroll 15053SV in the amount of $324,625.43 Motion: To approve School Deductions — Vendor Payroll 15053SV in the amount of $324,625.43 (Kozlowski/Aptowitz) PASSES 4 -0 • School Payroll/School Medicaid Payroll 16001PS in the amount of $124,185.50 Motion: To approve School Payroll/School Medicaid Payroll 16001PS in the amount of $124,185.50 (Kozlowski /Aptowitz) PASSES 4 -0. • School Deductions —Vendor Payroll 16001 SV in the amount of $38,415.12 Motion: To approve Vendor Payroll 16001 V S in the amount of $38,415.12 (Kozlowski/Aptowitz) PASSES 4 -0. • Receipt Of Final Environmental Impact Report And Phase 2 Comprehensive Wastewater Management Plan, EOEA No. 13388 From CDM Smith • The mural is moving along slowly. The artist has an additional 9 days because of weather and high humidity that made it impossible for him to work. There have been assurances that it will be sealed and coated. No additional money has been paid to the artist and it will be held until the mural is complete. • There are floor plans for public safety and highway garage which are schematic in nature only and not intended for construction; they are intended for space planning. Mr. Aptowitz indicated that people have asked him for the plans and it would be good if a draft could be available. Mr. DelVecchio stated that he recognizes that preparing final drawings would incur a significant cost which is premature. • It was erroneously reported by the press after the Board's meeting of June 17t11 that Cousins Pizza was moving. That is not the case. Some of the partners of Cousins are planning to open a second location in West Mansfield. • Questions have come up about outstanding detail charges and Mr. Ross stated that efforts to collect are underway. He plans to work to get a process in place and stated that there will be some requests for write offs that will be presented to the Board. • Mr. Ross will also be working with staff to develop a policy on the provision of water and coffee to employees. The DLS regulations appear to allow de minimis purchase of these items, but a policy is recommended and needs to be made consistent across all departments. Board Of Selechnen's Meeting July 1, 2015 Page 6 of 8 • A lease is in the works for the John Berry School, as the lease with the Y has expired. Mr. Ross will be reaching out to the Montessoiri School. Mr. Aptowitz stated that he does not believe an amount was discussed and expressed the need to have an agreement in place. • Town Hall offices will close at noon on Thursday, July 2. • Mr. Ross stated that he had asked DPW Director Lee Azinheira to look into the progress of the gas company work on Main Street. He stated that they will probably be here through the middle of July and then will be moving on to West Street and be there for the month of August. Main Street may be able to be paved this summer. • The Gaming Commission has indicated that the Town will be receiving mitigation fluids of $100,000 to be utilized for planning, research and other items related to impact of the Plainridge Casino. There have been numerous contacts with staff at the Commission to express ideas on how to use that money. It has been a frustrating process and the staff at the Commission doesn't seem to be willing or capable of making the decision of what the proper utilization is. Mr. Aptowitz stated that he attended the ribbon cutting and it was stated by Plaimridge that four charities would benefit from such events, one of which would be the Veterans of Mansfield. Mr. Ross stated that the Mitigation Agreement provides that any charitable funds to be donated will go to the Non- Profit Gift Fund. But, he stated, that decision will be for the Board of Selectmen to make when the funds are received. Mr. Aptowitz thanked Mr. Ross for taking care of the municipal complex plan issues. He also suggested that the MMED needed to set a date for a meeting. Additionally, he thanked the Mansfield Police Association generally and Larry Crosman specifically for providing the hot dogs and chips at The Great Duck Race this year. He also stated that he received an email from a resident requesting that the Town consider using the thin orange cones at difficult intersections. Mr. DelVecchio asked the Board and Mr. Ross to think about ways of encouraging communication between the Board of Selectmen and other boards and indicated that it would be helpful for the Board to be briefed on projects that are being discussed. Mr. Ross indicated that lie will look at ways to increase inter -board communication. He would like to have the evaluation instrument issue resolved. He also briefed the Board on the Massachusetts Selectmen's Association meeting that he attended, at which Sean Cronin, Deputy Commissioner /Director of Municipal Affairs, discussed using a website they were developing in order to access pre - consulting assistance from the state. The Commonwealth Compact Executive Order under the Governor Baker administration seems to illustrate how serious the administration is about communicating with municipalities. He would like to get a Budget Subcommittee meeting scheduled early in the fiscal year. Mr. DelVecchio also inquired when Dr. Mullen would return, and Mr. Ross stated that he would confirm that with Mr. Burke when he returns from vacation. Mr. Dentino stated that he thought the reconstruction of Deau Street took a very long time to complete and wanted to know if there was an issue. Mr. Ross stated that he would check with the DPW Director. Mr. Dentino also asked about the use of granite curbing and thought the Town was going to be using concrete curbing instead of granite on side streets. Mr. Ross said that the Town follows the Planning Board requirements for subdivisions. He also stated that, while the granite is more costly, it lasts longer and may be more cost effective in the long run. Board Of Selectmen's Meeting July I, 2015 Page 7 of 8 He also inquired about East Street and what is going to be done with the edges of that road, and Mr. Ross thought that the portion of East Street Mr. Dentino was inquiring about was done in 2014 and is complete and indicated that there will be no curbing installed on that section of road. 1_ ems °:'o c�$ h__z affirm n$ _us rihtslYlecf►ng= None Motion (Kozlowski /Delvecchio) to enter into executive session to discuss strategy with respect to collective bargaining with the Southeastern Public Employees Association, clerk's unit, as an open meeting may have a detrimental effect on the bargaining position of the Town and not to re -enter open session. Roll call vote: Kozlowski — yea Aptowitz — yea DelVecchio — yea Dentino — yea PASSES 4 -0 Signature of Clerk Date of Approval rain Inchades: Retail Alcoholic Beverages License Application for Vision Hampshire, LLC Photos ofFandly Fun Night Banner Letter fi-onr Foundry, LLC to Board of Selectmen dated April 16, 2015 Letter from: Foundry, LLC to Board of Selectmen dated April 7, 2015 Email and Event Application from Kurt Wivagg dated Jame 22, 2015 Board Of Selectmen's Meeting July 1, 2015 Page 8 of 8