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HomeMy WebLinkAboutBOS MINUTES 8-12-15Board of Selectmen Minutes August 12, 2015 Present: George Dentin, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; Doue Annino, Frank DelVecchio and William Ross, Town Manager. Chairman Dentine, called the meeting to order at 7:02p.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. Present before the Board is Town Counsel, Lou Ross as well as Gary Babin, Director of MMED. Mr. Babin noted the Board is well aware that the department is in the process of constructing underground facilities from the East Mansfield Sub - Station to tie to the Gilbert Street Sub - Station over at Route 140 and School Street. As part of that project a portion of the route travels clown Copeland Road (which is a paper street) and as a result the department is required to obtain easements to cross any properties along that route. Mr. Babin noted there was a process of appraisals. Attorney Ross noted outreach was made to property owners abutting Copeland Road to voluntarily grant easements to the Town where many were amenable but others who would not grant the easements. Due to the numerous amounts of abutters, appraisals were performed, and a determination was made that property owners who granted easements voluntarily would be paid the amounts on the appraisal and a recormnendation to the Board that those who did not voluntarily grant easements would have easements taken by eminent domain and paid amounts pursuant to the appraisal. Attorney Ross noted this should be a fairly unobtrusive process and not unsightly. Attorney asked that the Board consider acceptance of the easements that were voluntarily grants, executing orders of taking by eminent domain where easements were not voluntarily granted and also a resolution that would formally adopt the damage awards to be paid to those who had orders of taking. Mr. Babin noted that 2013 Town Meeting voted to authorize the Board to acquire by eminent domain these properties. Mr. Ross reminded that Town Meeting first authorized acquiring the properties and negotiate and then to appropriate money to make the payments to the property owners. Mr. Ross also noted the reason this is before the Board of Selectmen and not the Light Commission is that the statute requires the Selectmen to make the decision. Attorney Ross reported there is only one adversarial situation. Mr. DelVecchio looked for assurances that there would only be underground work to which Mr. Babin explained work would be constructed underground and surface area work would be completed with grass or gravel. Mr. DelVecchio asked if the monies appropriated at Town Meeting to be sufficient which Mr. Ross stated yes and would covered by the Electric Department. Mr. Babin reported the cost of takings to be $42,000. Board Of Selectmen's Meeting August 12, 2015 Page 1 of 8 Mr. Annino asked how the $42,000 would be divided to which Attorney Ross explained it would be based on the appraisal of the property. Mr. Aptowitz noted that in a Warrant a few weeks back the payment checks were listed where one of the payments was half of the $42,000 was disconcerting to him as it is only an easement. Chairman Dentino asked for the width of the easement to which Attorney Ross noted 40' or 35' depending on the boundaries of Copeland Road. The Chairman asked if there would be room for additional utilities if needed other than electric to which Attorney Ross explained these easements are for electric utilities only. Chairman Dentino reminded that electric easements typically cover everything where Attorney Ross explained his understanding of this project is for electric only. Mr. Babin furthered that the route selected is odd in large part dictated that the Town wanted to avoid digging up streets and did not foresee other utilities. Mr. Ross pointed out the route follows the existing paper street and follows property lines and will not detract property values. Mr. Kozlowski noted NRT is one of the owners affected and would there be any issues with this use on that land. Attorney Ross explained Copeland Road existed long before NRT owned that property and was unsure if a proper legal restriction was on record. Attorney Ross did not feel the Town would run into any problems in terms of use or restrictions. Motion: Move that (1) utility easements granted by the owners of the properties at Copeland Road be accepted by the Town and confirmed by takings by eminent domain, (2) utility easements in Copeland Road be taken by eminent domain per the Orders of Taking, and (3) damage awards for the above takings be awarded per the Resolution regarding Damage Award (Kozlowski / Annino) PASSES 4:1 Aptowitz NAY Prior to Mr. Babin leaving Mr. Aptowitz wanted to note he has received numerous calls from residents regarding the mess the contractor is leaving on East Street by the high school. ns J ra > o Hof_ .Toe me oTDa e o merit r ee nentl3et voeen 0w.- and chocolate: e o firs_ �. Tm r fs n ii Br Qm TTnf __ Present before the Board is Chocolate Factorv. LLC renresentatives Russell Barnahv and Bob Palmer as well as their attorney Karen Wright. Ms. Wright reminded that a development agreement was signed by Chocolate Factory, LLC and the Town, where at the time of signing the best knowledge and information available was used to determine the unit breakdown. This was the information presented to residents and approved at the 2014 Town Meeting. Ms. Wright noted the agreement was signed in good faith but since that time an additional market analysis has been completed where investors of Chocolate Factory, LLC recommend the breakdown of units should be amended. The adjustment affects the number of two - bedroom units increase an additional 15 from 55 to 70. Mr. Ross reported there was a meeting of the Chocolate Factory Advisory Committee. Present at that meeting were: Mr. Ross, Chairman Dentino, Walter Wilk and Steve Schoonveld (Finance Committee), Kiera O'Neil and Mike Trowbridge (School Committee), Mike McClanahan and Dan Clary (Planning Board). Mr. Ross noted much of the discussion focused on the potential impact of 15 additional two- bedroonn units with regards to school enrollment. School Committee Chair Michael Trowbridge felt the school enrollment, while dropping, would in a very short time be at the same level as surrounding towns while other members were noted to feel the continuing drop might result in some financial implication in terms of Chapter 70 aid. Mr. Ross noted the Board Of Selectmen's Meeting August 12, 2015 Page 2 of 8 consensus of the group was that current declines have taken pressure off the School Department but steep declines would create other issues in the community. The vote of the group was to support the amendment of the development agreement by a vote of 6:1 with Mr. Trowbridge voting NAY. Mr. Ross also noted the amendment has been reviewed by Town Counsel and approved. Mr. Ross stated the group advised it does not want to see any additional changes to this agreement. Mr. Annino commented that he is in support of the project as it is a historic landmark in the Town and needs to be preserved where the design could enhance that area, noting plans for a restaurant and commercial space. Mr. Annino felt that the additional two - bedroom units bode better financially. Mr. Aptowitz's same concern is he does not want to see additional changes and asked for assurances to that as Town Meeting based its decision on what were presented there. Ms. Wright is comfortable saying this is the one and only change they will be asking for. Mr. Palmer noted the change is only to keep in line with the market study. Mr. Kozlowski agreed with Mr. Annino that the building needs to be preserved and this plan is the way to do it. He felt the concerns to be valid but manageable and is in support of the amendment. Chairman Dentino felt the group has been transparent and has followed through on all the Board's requests. Mr. DelVecchio felt the confusion of the issue stems from the success of the presentation at Town Meeting where is was professional and the numbers appeared solid where now the Town is being asked to review a significant change. Mr. DelVecchio understands the concerns regarding additional capacity for school children but felt if the Town wants to have the project completed, referencing historical preservation and economic development purposes, and with no other option before the Board he is in support of amending the agreement. Mr. Burnaby reported Chocolate Factory, LLC would like to make periodic presentations to the Board and reported they are also dedicated to the 35,000 sq. ft. of commercial space. Mr. Aptowitz asked when the project would be "shovel ready" to which Mr. Bamaby reported February, 2016. Gary Forget, 34 Webb Place, asked where the financing would be coming from to which Ms. Wright noted the financing is through a private investor located in the Viginia area. Motion: To amend the development agreement between Chocolate Factory, LLC and the Town of Mansfield to reflect the breakdown of residential units as follows: two studios, 58 one - bedroom units and 70 two - bedroom units and authorize Town Manager to execute the agreement (Kozlowski / Aptowitz) PASSES 5:0 Mr. Ross noted the Town Charter provides that the Municipal Building Committee can ask for the appointment of additional members on specific projects. In this instance the MBC is requesting three additional members be appointed to represent the DPW Highway Division, Police and Fire Board Of Selectmen's Meeting August 12, 2015 Page 3 of 8 Departments to be full voting members for the proposed Municipal Complex. Mr. Ross asked the three department heads for recommendations, which are as follows: DPW: Mark Cook, Highway Division Supervisor or his designee Police: Frank Archer, Lieutenant or his designee Fire: Don Tebeau, Captain or his designee Mr. Ross noted that the designees would be the department heads and the MBC is acceptable of that. Mr. Kozlowski asked what the job of the Municipal Building Committee to be. Mr. Ross noted the Committee is charged by the Town Charter with overseeing the planning, architectural work and construction on major municipal building projects. Mr. Ross explained that any and all contracts entered into must be executed through the Town Manager. There are currently five committee members with staggered terms. Mr. Annino noted it is an impressive group with a great range of experience and felt the additional members would be extremely beneficial for the project as they are stakeholders. Mr. Annino likened the Committee to a clearinghouse. Motion: To appoint three additional members to the Municipal Building Committee as referenced by the August 6 °i memo (DelVecchio /Kozlowski) PASSES 5:0 This topic has been rescheduled for the Board's August 26 °' meeting. Gary Forget, 34 Webb Place, is present to ask if the Board has received any information from the Town Manager with regards to the amount of funding needed within the next three to five years for improvements to the schools. It is Mr. Forget's belief that this number is in draft form (up to $15 million) and is not being released purposefully prior to the September election. Mr. Forget stated the Board has an obligation to report this information to the public once it is received. Mr. Forget reported to the Board that he visited the Town Manager's office on Monday (August 10t") to inquire if the report had been received. Mr. Ross clarified that he did not state to Mr. Forget that he did not know the dollar amount only that he had yet to review the report. He informed the Board that the report just arrived and would be reviewed by the School Committee first as it is their buildings. Mr. Ross noted there would be a meeting to discuss the report on August 27t" and that Superintendent Gianetti just received the Capital Needs and Maintenance Assessment today. Mr. Ross stated it is important to emphasize that a great deal of this work is eligible for Federal ftmding, especially energy conservation, in the range of 40 % -60% of the cost. As times have changed funding will now be available immediately if eligible. Mr. Ross recalled the process the Town followed with regards to the municipal buildings where the Town created an eight to ten year plan and needs were prioritized. It was Mr. Ross' belief the school buildings could work in the same way. Mr. DelVecchio felt Mr. Forget had a legitimate point given the election coming on September 15t1' and asked whatever the number is will that information be made available to the public. Mr. Ross stated the number would be released after the scheduled August 27di meeting. Board Of Selectmen's Meeting August 12, 2015 Page 4 of 8 Mr. Annino asked when the Board would receive a copy. Mr. Ross wanted to be certain the entire School Committee received the report first as it is their direct report and then it would be sent to the Board. Mr. Annino was happy the report was developed by the same firm that surveyed the municipal buildings as the Town will now have a concise report on all Town buildings in order to prioritize maintenance. Mr. Aptowitz asked if the report shows new maintenance. Mr. Annino explained the issue with the school buildings has always been a "hurry up" attitude where now the Town will have complete list and can prioritize and allow for better planning. Chairman Dentine felt this has been addressed through the CIP and Finance committees since the February /March timeframe where it was his feeling these committees have been as transparent as transparent can be in terms of fiords and their origin. Mr. Annino reminded everyone that Mr. Ross actually is the person who pushed for the report. Mr. Forget feels the Town has been very aggressive with Capital Improvement projects where those types of projects come directly out of tax payer's pockets. Mr. Annino explained with any community there needs to be planning and the reasoning behind reports such as this is to use it as a tool to facilitate long term planning in order to put money aside whether through CIP or State/Federal funding so that the taxpayers are not burdened. Mr. Forget felt the Town is borrowing too much to get all the projects done. Mr. Annino countered that these are inevitable projects in order to preserve the Town's future. Mr. Forget apologized for an earlier comment classifying Board members as "1% of the population who can afford to pay" and it was not his intention to offend. Chairman Dentino noted it is tight but this is the opportunity to capture this one time aligmnent of borrowing and available monies. Toni Preswich, 4 Shady Brook Lane, is here to complain about the SWAT team firing range exceeding the noise level. Mr. Preswich has learned that the Metropolitan Law Enforcement Council (MetroLEC) is now utilizing the range, which is made up of 43 police agencies. His issue is that the Town (police, Board and Town Manager) has allowed the facility to become a regional range and it appears to have no control over the noise, which he feels is unbearable and does not belong in that location. Police Chief Sellon is present and explained to Mr. Preswich that MetroLEC must follow the National Tactical Office Association guidelines which are Federal standards. According to Mr. Preswich's research (referencing the Washington Post and Wikepedia) the Board of Selectmen have no authority to govern this group and what happens at the range. Chief Sellon disagreed noting that MetroLEC itself has identified as a public corporation. Chairman Dentino asked how often the range is utilized to which Chief Sellon stated a maximum of four days a month. Mr. Preswich asked why it is the Town of Mansfield's range that is used for this purpose to which Chief Sellon responded that some of those towns do not have a firing range of their own. Chief Sellon explained to Mr. Preswich and the Board that he had Lieutenant Thompson reach out to Mr. Preswich to explain the efforts that both MetroLEC and the Mansfield Police Department have taken to reduce the noise for the surrounding residents. Board Of Selectmen's Meeting August 12, 2015 Page 5 of 8 In terms of the history, Chief Sellon furthered that this dates back to 1999 and the Columbine shooting where in the aftermath it was found that responding police officers waited outside of the school prior to entering due to lack of training in how to handle the situation. The result was law enforcement across the country taking an active role in active shooter training. MetroLEC allows to pool resources as a cost saving measure (sharing with 43 other communities). Mr. Preswich completely agrees with Chief Sellon but does not feel residents should have to deal with the noise and Chief Sellon agrees steps need to be taken to reduce the noise. Chief Sellon wanted to clarify to the Board that MetroLEC has never maintained it is a private organization. Mr. DelVecchio asked if the facility is being used more often than and if it is noisier than in the past to which Chief Sellon noted it is used a maximum of four days a month and is noisier as when the range went in originally the Town only utilized shotguns and 9mm where now there is more of an array. Mr. DelVecchio furthered by asking if the Town is contributing to the increased noise, other users or a combination to which Chief Sellon reported as the Town does have members on MetroLEC it would be a combination and there is no differentiation between just Mansfield personnel and MetroLEC. Mr. DelVecchio asked that as Mansfield Police works to buffer the noise to please report back to the Board and to Mr. Preswich. Chief Sellon is working with Mike Ahern, Buildings and Special Projects, to remedy the situation and noted the times of use are always posted (Facebook and Twitter) so that residents are aware. Mr. Annino felt perhaps an acoustical consultant would be beneficial to explore options to reduce the noise coming from the site and assist the neighbors. Mr. Annino asked Mr. Ross to follow up. Chief Sellon noted that Mansfield contributes about $3,500 per year to the MetroLEC regional effort. Mr. Kozlowski noted he has visited the range and found the efforts to put together training on a small budget to be commendable. Jeff Mann, new General Manager of the Xfinity Center, is present to introduce himself to the Board. Mr. Mann thanked both the Police and Fire Chiefs for working with him and listening to all suggestions. He noted the number one goal is a safe environment for all Xfinity guest to enjoy. He welcomed the Board to tour the facility and would be more than happy to spend time answering any questions. Mr. Aptowitz commended Mr. Mann on recent decisions at a show which was very much appreciated along with his willingness to work with the Town, especially with both Chiefs. Chairman Dentino is pleased with Mr. Mann's proactive approach noting he is a hands -on individual. The Chairman appreciated Mr. Mama's planning and ensuring there is a discussion with all involved. Mr. Mann noted that given the size and scope of the operation and the number of people involved (attendees and staff) it is not something he can do on his own and is a cooperative effort to ensure things work the way they need to. Mr. Aptowitz wanted viewers to know that more than 95% of attendees are responsible and there to enjoy the show and unfortunately the rest is something that needs to be dealt with as it is a part of society. It was his feeling that the new initiatives in the parking lot are beginning to assist. Mr. Maim felt it is a fraction of I%. Board Of Selectmen's Meeting August 12, 2015 Page 6 of 8 a. Vote To Approve Board of Selectmen Minutes of the July 29, 2015 meeting of the Board of Selectmen. b. Vote To Approve Warrants: • Town Vendor Warrant No. 16005T in the amount of $1,172,128.98 • Electric Department Warrant No. 16005E in the amount of $250,822.02 • School Department Vendor Warrant No. 16005S in the amount of $338,460.59 • Town Vendor Warrant No. 16006T in the amount of $2,985,072.18 • Electric Department Warrant No. 16006E in the amount of $1,203,980.44 c. Licenses And Permits: • Consideration of Water Installers License for Bella Construction Co., LLC • Consideration of Water Installers License for Carlbrook Construction d. Events And Signage • Consideration of Event Permit Application for 41h Annual Marathon Sports Frosty 5K, December 6di Subject To Public Safety Continents • Consideration of Event Permit Application for Hearts of Hope Foundation and the Fallon P. Finegan Memorial Scholarship Race for a Cure, November 28di Subject To Public Safety Continents • Consideration of Event Permit Application for Mansfield Bank Boot Camp (Tuesdays and Thursdays) September 1511 Through October 8t" Motion: To approve the Consent Aaenda as presented (DelVecchio /Aptowitz) PASSES 5 -0 • School Payroll/School Medicaid Payroll 15058PS in the amount of $500 Motion: To approve School Payroll /School Medicaid Payroll 15058PS in the amount of $500 (Kozlowski/Annino) PASSES 5:0 • Town Payroll/Town Medicaid Payroll 16005PT in the amount of $389,478.94 Motion: To approve Town Payroll /Town Medicaid Payroll 16005PT in the amount of $389,478.94 (Kozlowski /Annino) PASSES 3:1:1 Dentino NAY Aptowitz ABSTAIN Voucher No. 49622 • Town Deductions — Vendor Payroll 16005TV in the amount of $117,042.84 Motion: To approve Town Deductions — Vendor Payroll 16005TV in the amount of $117,042.84 (Kozlowski /Annino) PASSES 5 -0 • Town Payroll /Town Medicaid Payroll 16006PT in the amount of $408,648.88 Motion: To approve Town Payroll /Town Medicaid Payroll 16006PT in the amount of $408,648.88 (Kozlowski /Annino) PASSES 4:0:1 Mr. Aptowitz abstains from Voucher No. 49850 • Town Deductions — Vendor Payroll 16006TV in the amount of $119,736.96 Motion: To approve Town Deductions — Vendor Payroll 16006TV in the amount of $119,736.96 (Kozlowski/Annino) PASSES 5 -0 • School Payroll/School Medicaid Payroll 16006PS in the amount of $1,188,169.75 Motion: To approve School Payroll /School Medicaid Payroll 16006PS in the amount of $1,188,169.75 (Kozlowski /Annino) PASSES 5 -0 • School Deductions — Vendor Payroll 16006SV in the amount of $349,674.98 Motion: To approve School Deductions — Vendor Payroll 16006SV in the amount of $349,674.98 (Kozlowski /Annino) PASSES 5 -0 Board Of Selectmen's Meeting August 12, 2015 Page 7 of 8 None. Mr. Ross requested permission to attend the annual conference of the International City Management Association to be held in Seattle, Washington from September 26t" through October 1st. Mr. Ross noted he will be completing his 45t11 year in this profession. Motion: To approve Mr. Ross' request (Aptowitz/Kozlowski) PASSES 5 -0 Mr. Ross noted that the State will be doing some milling and paving at 3 -4 locations of Route 140 (South Main Street — Aspen south to Route 495) on August 2011i and lastly a few days. Mr. Ross noted there was a notice in this week's Board packet regarding the reconsideration of action by the Planning Board on August 20" on the Crugnale Properties project. It has been scheduled as a Public Hearing by one of the Planning Board members. Mr. Ross has been working closely with Town Counsel in order to ensure this is carried out properly. Mr. Ross is unhappy with the work on East Street as well as noted earlier by Mr. Aptowitz, stating the work isn't as good as it should be. Mr. Aptowitz has been receiving complaints about the detours with regards to the gas company. Mr. Ross noted that a second crew has been brought in hopes of speeding up the project. Mr. Ross stated that what is frustrating is that the gas company knew the Town has had its own work scheduled for three years. Mr. Aptowitz will be attending the Bristol County Advisory Board next Thursday, August 20 °i and is looking for approval to speak on Mansfield's behalf regarding the budget. The Board agreed. Mr. Aptowitz reminded that the Deutsche Bank tournament is fast approaching and the Town will see an increase in traffic. Mr. Kozlowski noted in recent weeks the Board has approved a Triathlon as well as a Boot Camp. Chairman Dentino thanked the Airport Commission for making the right decision with regards to the banner flown out of the Airport over Gillette Stadium and commended the Commissioners for issuing and apology. None Motion: To adjourn the Board of Select en meeting at 8:52PM (Aptowitz/Annino) PASSES 5 -0 Signa ure of Clerk Date of Approval /tdw Board Of Selectmen's Meeting August 12, 2015 Page 8 of 8