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HomeMy WebLinkAboutBOS MINUTES 8-26-15Board of Selectmen Minutes August 26, 2015 Present: George Dentino, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; Doug Annino, Frank DelVecchio and William Ross, Town Manager. Chairman Dentino called the meeting to order at 7:03p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable, Dana Hourigan, 15 Evans Circle, noted she will be recording the meeting for audio. 2 public Harrng In'Accordan�e YVrth- lYlassackasetts Generall aws G�hapei 138, Secfrbnj �2 0n'I he��'r lrcaf�ion OffiGZ�t^iday's�I `c T4'o�Ne���to�kl>olde PrausfenAnd Issuance.; Mr. Kozlowski read the Public Hearing Notice into the record. Motion: To open the Public Hearing (Kozlowski /Aptowitz) PASSES 5:0 Present before the Board is Al DeNapoli, attorney representing TGI Fridays. Mr. DeNapoli noted this is a multi -unit application (for all 19 Massachusetts locations) where documentation for new stockholders, transfer and issuance of stocks has been to the ABCC for review and subsequently approved. Mr. DeNapoli explained in order tocomply with the law all municipalities housing a TGI Fridays must still complete the Public Hearing process. The Board did not have any questions. Chairman Dentino felt the application and process to be neat and organized. There was no public comment. Motion: To close the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0 Motion: To approve the application of TGI Fridays for new stockholder, issuance and transfer of stock (AptowiWKozlowski) PASSES 5:0 �2rscuss1on Ai cf n Ori BecommencdattonIg Remo e8ingle Paring Space AG 2 � —tom lYorthI ai Mr. Aptowitz stated that he had requested this topic for discussion. He explained there is a single space opposite Mansfield Eye Care Center which tends to obstruct right turning traffic during peak commuting hours (4:00pm- 7:00pnr). He had asked Public Safety Officer Kinahan to investigate if the space should be removed. Public Safety Officer Kinahan is present before the Board and gave a brief history of the parking space, which was originally three spaces where two were removed when the building was built to accommodate an entrance. Officer Kinahan observed the space does impede right turning vehicles backing up traffic during high commuting periods (4:00pm- 7:00pm) and felt that the removal of the space will ease the flow of traffic. Officer Kinahan noted the space is typically utilized by tenants in the area where there is plenty of parking for residents located behind the building. Board Of selectmen's Meeting August 26, 2015 Page I of 12 Mr. Ross noted that if it is the decision of the Board to remove the space now would be the time to do that due to upcoming scheduled road construction (grinding and paving) and the space would just not be repainted. Mr. Ross reported that construction is scheduled within the next two to three weeks. Mr. Annino asked why there was no space behind the existing space to which Officer Kinahan explained when the building was constructed the entrance was moved therefore there were two spaces removed due to site distance issues. This was conducted at a site plan review meeting. Chairman Dentin is unsure of what the Planning Board has allowed for parking spaces in the area and questioned if the removal of the space would now fall below the requirement. The Chairman noted the removal of this space will affect retail parking and felt this should be reviewed by the Planning Board. Mr. Amino disagreed with Mr. Aptowitz's opinion of the space and felt there should actually be spaces behind the lone existing space, which prompted Mr. Aptowitz to question if there were a conflict of interest as Mr. Annino was the architect of the building. Mr. Amrino felt there to be no conflict as the parking has nothing to do with the building. Mr. DelVecchio asked if there were prior issues (accidents) as there were originally three spaces to which Officer Kinahan was unsure. Mr. DelVecchio furthered by asking how far back the right hand turn lane should be. It was Officer Kinahan's opinion that traffic would be able to blend better with the removal of the space and felt there is a better chance of an accident with the space there. Mr. DelVecchio agreed with the Chairman that he is concerned about parking for the retail space which is currently unoccupied. Chairman Dentin would like to see what the Planning Board had for the area originally. Mr. Kozlowski did not think the Planning Board would allow a developer to count parking spaces as part of their plan to which Mr. Annino agreed but stated in order to support a retail use on street parking is needed. Motion: To remove the single parking space located at 2 North Main Street (Aptowitz/Kozlowski) PASSES 4:0:1 Annino ABSTAIN Mr. Annino noted it was his feeling this should have gone back to the Planning Board to review the original site plan with the existing site plan and resented Mr. Aptowitz's insinuation that there was a conflict of interest. It is Chairman Dentino's feeling that a representative of the Police Department should be present for this discussion. Mr. Ross suggested reviewing the description and if there were any questions that could not be answered he could follow up. Mr. Ross noted that Patricia Firing, Human Resource Director, worked very closely with Police Chief Sellon on this description. Mr. Annino asked if it is still the intention to use some of the funds from the mitigation with Plainidge Casino for the position to which Mr. Ross affirmed. Mr. Annino asked if there would be a chance for the Board to evaluate whether the position is needed moving forward. Mr. Ross stated there will be a chance to evaluate if the Town is getting a dollar value out of the position in terms of the analysis work and utilization of the analysis in the Town's problem oriented policing Board Of selectmen's Meeting August 26, 2015 Page 2 of 12 program that has started to address issues before we have to be reactive. Mr. Annino is afraid the Board /Town is creating a position, although he respects the Chief's position, that it theoretically doesn't need. Mr. Aptowitz has met the new Crime Analyst and questioned Mr. Ross if the Board was originally informed that the position would be funded from the money from the casino. Mr. Ross disagreed and stated he informed the Board that he would try to get the position funded with that money. Mr. DelVecchio agreed with Mr. Ross and furthered that he specifically asked if the position would be there with or without that money and was told yes. Mr. Aptowitz is concerned that the Town is building staff. Mr. Ross answered the Town is building staff capability to do the analytical work that is required per Chief Sellon and himself. Mr. Aptowitz asked who else has the Crime Analyst position to which Mr. Ross noted Attleboro and that others will be hiring as they move from reactive policing to addressing the criminal activity itself, focusing on the sources and doing preventive work. Mr. Aptowitz noted is not thrilled that the Board is reviewing a job description after the position has been filled and reminded that this was a process of the past. Mr. Ross noted the position has been filled but the employee has yet to start. Mr. Aptowitz stated that it should have waited as the Board is the policy maker. Mr. Kozlowski understands the concept of a crime analyst and supports it. Mr. Aptowitz clarified that he is not questioning the position but the process. Mr. Annino is concerned that the Town is solely adding more personnel to the department and is having trouble justifying increased payroll, benefits and personell. Mr. Annino did state that he respects Chief Sellon's position. Mr. DelVecchio agreed with Mr. Aptowitz with regards to the job description as it should have been presented to the Board prior to filling the position. Mr. DelVecchio clarified that the position was discussed throughout the budget process. In terms of the validity of the position, Mr. DelVecchio stated the Board controls, through the budget process, if the position is deemed worthwhile, and will judge that through quantitative information presented by Chief Sellon. Mr. Kozlowski had minor edits noting on top of page 2 there was an incomplete sentence and on page 3 lie would like the meaning of KED. Mr. Ross will follow up and ensure the edits are made. Chairman Dentino does not understand why the Town can get positions filled without coming through the Board as it has always been the case. He indicated that the impression was there were revenues for each item in the budget and does not understand how this position was listed in the budget. Ivh•. Ross explained it is in the budget and there are revenues attached. Mr. Ross furthered that if the mitigation money is approved there would be an offset with monies remaining in the General Fund. The Chairman asked where the money is being budgeted from to which Mr. Ross explained from the Police Department General Fund. Mr. Aptowitz wanted to be clear that none of the Board members are telling the Chief how to do his job but felt the Board is moving backwards in terms of the process. Chairman Dentino stated when a scope of work is created at the last moment it is a little disingenuous to the Board to even think it can review it in its entirety. The Chairman furthered it is not good practice to take these things to the last minute and felt there should have been better communication. Board Of Selectmen's Meeting August 26, 2015 Page 3 of 12 Mr. Ross noted the time to make a decision regarding adding a position is during the budget and reminded this was the only position added. There was a brief discussion with regards to the vote on September 15 °i of the proposed Municipal Complex where it is the intention of the Town to be lower than the amount approved at Town Meeting. Chairman Dentine noted if the mitigation money is received he would like to be sure it bridges the gap for the taxpayers. Mr. DelVecchio noted he sees this position for the Police Department to operate more effectively and efficiently, which is a money savings proposition and worth a try. The Chairman challenged that there should have been a survey presented as to the number of communities with this position and something he dislikes about this. Mr. Kozlowski felt a survey might have been interesting but this is a new way of doing things. It will be up to the Chief to quantify the results of this new role Mr. Annino felt what the Board is saying is it likes the idea of being cutting edge but there is a need to be prudent. Mr. Ross reiterated there is money in the budget for this position and if the Town is able to obtain funding from the mitigation fund the budgeted money will remain there and go to Free Cash at the end of the year and will not be spent. It is Mr. Ross' belief that this position can address issues in the community, referencing the opiate issue. The position is a civilian position, non -union and will focus on Mansfield and any issues which could extend outside the Town border. Motion: To approve the Crime Analyst job description subject to noted edits (Annino /Kozlowski) PASSES 3:0:2 A towitz, Dentino ABSTAIN nsi- erati u; ro:.a Of�YTas T[ eron ii `�biison rnri As nrane�L�o e r 4r A a ro Mr. Ross explained this is the same grant assurance the Board has signed, which assures that the Airport Commission be allowed to operate with no discrimination on the grounds and fiends are spent appropriately to the project assigned. Mr. Ross noted there is always a local share budgeted in the Airport Enterprise Fund and reported 95% of this project is being paid for by MassDOT. Mr. Aptowitz noted the Board is constantly told that the Airport Commissioners are autonomous and asked why does the Board have to assure if the funds are spent properly. Mr. Ross explained the Board is assuring that the Airport Commission will be allowed to operate the Airport with no interference of the operation (following statutes) and ultimately, as the funds come through the Town (through Finance Director's office) approving payments as they will be audited. Mr. Annino noted the Board has discussed the design and what the Town is getting where bids of $900 sq. ft. were submitted where the private sector could design an office building for $150 sq. ft. Mr. Annino is aggravated of the enormous waste noting the Airport is still on the hook for $221,000 and yet the Town has no say as to plan or budget. Motion: To approve and sign the MassDOT /Aeronautics Grant Assurance Mr. DelVecchio asked how Mr. Ahern would be able to take this on. Mr. Ross explained that an Owner's Project Manager is required on every public project above a certain amount by State Law. The estimated cost on this project is $1 million and the Town could not justify the expenditure Board Of selectmen's Meeting August 26, 2015 Page 4 of 12 especially given the staff's expertise. Mr. Ross noted if the election is positive and the Town moves forward on the project Mr. Ahern will be relieved of most of his duties to focus on this project and at that point his salary will be paid out of the bond proceeds and Mr. Ross would then propose hiring a temporary person to take over Mr. Ahern's duties until the project is completed. The money for that position would be available through monies no longer being paid to Mr. Ahern. Obviously if the bond issue is not approved this is a moot point. Mr. DelVecchio fiuthered by asking if Mr. Ross is confident he can find a replacement to which lie noted yes. Mr. Annino felt Mr. Ahern is more than qualified to handle the position and will be a great asset. He felt this makes a lot of sense. Mr. Aptowitz noted Mr. Ahern to be extremely bright and does a lot of work for the Town. He asked if his work at the Airport would be completed to which Mr. Ross yes. Mr. Aptowitz asked if anyone has been hired to which Mr. Ross reported no. Chairman Dentino asked Mr. Ross to explain the term "Owner's Project Manager" to which he noted with State law it is a person who is a go between with the owner (the Town) and the architects, contractors and designers. Mr. Ross noted there was a significant discussion with the Municipal Building Committee. Mr. Annino explained it to be like a construction manager. Motion: To approve the recommendation of the Municipal Building Committee to appoint Michael Ahern as Owner's Project Manager for Mansfield Municipal Complex should the September 15111 vote pass (Annino /Aptowitz) 4:0:1 Dentino ABSTAIN on i" e a (F_ orb'ir ED lication . or oiaii arn/Oakran3treef Mr. Ross reminded this is the project that the Board has spoken about to re -route traffic on North Main/Oakland Streets and turn it into two -way to change the structure of the traffic corning out of the North Main underpass. The MassWorks application is due early in September and a DRAFT application is before the Board. Mr. Ross noted the Town is required to use Department of Transportation standards for the costs where Rick Alves, Town Engineer, has worked through the numbers and Shaun Burke, Town Planner has completed the application. Mr. Ross is asking for permission to file the application commenting that this is an important part of the revitalization of the North Main/ Oakland area. He stated that the Town has received a request from the Chocolate Factory, LLC for an updated list of Town officials for its application for a Special Permit it will be filing with the Planning Board. Also of note, both Chief Boldrighini and Nick Riccio, Zoning Enforcement and Chief Building Inspector, have been approached by the architect to determine fire and building codes. Mr. Ross felt this to be a real opportunity for the Town to go to the State for assistance and move forward with the work. Mr. Aptowitz felt it fair to inform residents that the Town may be eligible for assistance but there is no guarantee that the money will be received. He felt it is prudent to plan the gross expense. Mr. Annino felt the great part of the application to be the Construction Cost Valuation and it is to be commended as the Town has experienced staff which allows for those cost cutting measures (over $100,000). Mr. Ross felt it important to note the Town continues to build on the work of the Northeastern students. Board Of selectmen's Meeting August 26, 2015 Page 5 of 12 Mr. DelVecchio asked for the maximum percentage of the grant to which Mr. Ross thought 50% but ultimately it depended on how the project was viewed in terms of economic impact. Mr. DelVecchio furthered by asking if it is 50% or nothing and Mr. Ross suspected that to be the case. Mr. DelVecchio asked if this is envisioned as part of the train station/TOD plan to which Mr. Ross noted it is in terms of supplementing and encouraging the long -range redevelopment. Mr. Kozlowski had minor questions in terms of the bike path multi - purpose lane and the connection to the existing path and asked what that will look like. Mr. Ross explained it will come around the North Common and across the intersection at Main and Route 106 then travel back over to Old Colony. He noted the plan for the project just approved by the Planning Board (Crugnale Properties) includes a wider sidewalk area on the west side of the property to accommodate a walking /biking path. Mr. Kozlowski noted that the application notes the Town is engaged in a Community Compact with the State and asked for specifies. Mr. Ross was going to report on this later but explained the Governor's office started a program to provide assistance to municipalities with certain undertakings the communities have in place. Mr. Ross submitted an application to the Community Compact for the 1) Cabot Park redevelopment and 2) Development of financial policies and completing the process. The Town has been approved for both at no cost to the Town where the State will work to provide expertise to complete these tasks. Mr. Ross noted the Lieutenant Governor will sign be present at Town Hall on September 15t to sign the agreement. Mr. Delvecchio reminded that Governor Baker and Lieutenant Governor Polito have this new initiative to be more conscious of municipalities and its free and good advice. Chairman Dentino referenced page 2 of 2 Project Type/Description and noted the goals: promote public safety and convenience by increasing conuuuter rail parking spaces along Mansfield Avenue by converting from a public way to public parking lot, closing Mansfield Avenue to thru traffic and opening Oakland Street to two -way traffic and asked how all can be achieved. Mr. Ross felt the same way and noted edits were needed. He noted Mansfield Avenue will still be a public way but its primary purpose will be parking for the train station and access for patrons utilizing the train station as commuters (including pick -ups and drop offs). Mr. Ross felt that did need to be reworded. The Chairman felt the angle parking on Mansfield Avenue will be tough with the addition of the bike path to which Mr. Ross not that Mr. Alves has made it fit and is confident in his design. Chairman Dentin referenced the development of 81 apartments which will bring more traffic which lie felt will be more of a problem for safety, especially for the intersections. Mr. Ross explained that the reconfiguration eliminates the double street that exists (Oakland/Main) and brings Main Street traffic into Oakland at a "T" just beyond the underpass where parking is in area where Main Street is now in place. Mr. Ross clarified that the majority of the parking will be for businesses only and will be two hour. Motion: To authorize the Town Manager to file the MassWorks Grant Application (Kozlowski /Annino) PASSES 5:0 This topic was taken out of order and began at 8:05pm. Jeffrey Mann, General Manager, Xfinity Center is present before the Board. Board Of Selectmen's Meeting August 26, 2015 Page 6 of 12 Mr. Aptowitz had asked for this topic for discussion and reached out to Mr. Mann to let him know that the topic had been scheduled in case he would like to be present to answer to any of the Board's concerns. Mr. Aptowitz first noted that he felt that Mr. Mann was doing an excellent job and is pleased with his cooperation thus far. Mr. Aptowitz however is concerned with regards to the Jimmy Buffet performance as it continues to be an expectation for a party atmosphere, noting patrons walking lots with open containers. Mr. Aptowitz felt the situation for this particular show needed to change as he is disgusted. Mr. Mann appreciated the Board's concern and thanked both Chairman Dentin and Mr. Aptowitz's continued presence at the venue for various shows. He agrees that the perception of the Buffet crowd is wilder than most especially with the parking lots opening earlier than most shows. Mr. Mann first addressed the sanitary concerns at the show where he felt Xfinity staff and police tackled the "tents" quickly where they were disassembled and at the end of the day there were only 5 — 7 buckets left behind. Mr. Mann agrees the "tents" are inappropriate and a health issue and will not promote the use but felt the situation to be blown out of proportion. In terms of the parking lots, Mr. Mann worked to address the issue of open containers and bars not to be setup or allowed. Mr. Mann felt the traditional early crowd to be cooperative. To Mr. Aptowitz's point of open containers near the gates he would work with his staff to follow up on the issue but did not himself witness that. He followed up that lie felt the contact numbers with Police and Fire to be low for the sold -out show. He understands the perception and will continue to work with the Town to keep it under control. He felt that being vigilant early to be very helpful. Mr. Aptowitz asked if there has been any thought to opening the lots later. Mr. Malin stated it can be discussed but presents a host of problems, reminding there has been attempts in the past. Mr. Aptowitz felt there to be a sense of entitlement which Mr. Mann agreed with but noting it is not a difficult crowd as it is older and unique where there is tradition behind it. Mr. Ross agreed with Mr. Mann in that even if the venue promoted lots opening later the crowd will still come early bringing Route 495 to a stop. Mr. Mann noted the fan club, which has huge numbers, has a large charitable component to it, which the Xfinity Center works closely with, noting this year was approximately 200 vehicles. Mr. Kozlowski noted that a discussion would be needed at the next license renewal with regards to ticket checks when entering the lots. Mr. Mann agreed. In terms of parking lot hours, Mr. Kozlowski wondered whether extended hours were a reflection of the historical behavior of crowds at particular concerts. Chairman Dentino noted he had done a radio show after this performance and had done some research with regards to the portable bathrooms where they are pretty sophisticated. Mr. Mann noted these "systems" are geared for outdoor camping and that the Xfinity Center is not equipped to deal. The Chairman was concerned with regards to available protective gear for personnel that are handling this issue where there is no contact to the skin. Mr. Mann reported additional "portajohns' were ordered but rearranged onto access roads and serviced half -way through the day. The situation will continued to be monitored. Mr. Ross felt a positive effect has been the police encouraging the patrons into the venue earlier. Mr. Mann agreed noting it is a fine line but understands the Police are looking for consistency. Board Of Selectmen's Meeting August 26, 2015 Page 7 of 12 The Board annreciated Mr. Mann's presence. Mr. Ross was approached by Mr. O'Malley who asked if he could be a part of the Fales Oil Site Committee. Mr. Ross noted it would make the Committee an even number. Mr. Aimino felt Mr. O'Malley would be a great addition to the Committee as he is a long -term resident, local business man and not afraid to speak his mind. Motion: To appoint Bernard O'Malley to the Fales Oil Site Review Committee (DelVecchio /Aptowitz) PASSES 5:0 Mr. DelVecchio would like to see this as an agenda item each week and would like to start by reviewing last year's goals and where the Board stands in relation to that. Mr. Aptowitz had suggested to Mr. Ross to review the consolidated list, where the Board currently stands and to use it as a base. Mr. Annino would like the voals and objectives posted on the website. Steve Schoonveld, Chair of the Finance Committee, noted the Facility Engineers Associates (FEA) report for the Schools will be discussed at tomorrow's Finance Committee meeting. Mr. Schoonveld explained this is basically a capital needs assessment for the schools which the Finance Committee funded about six months ago. It was noted that the Board has posted for the meeting. Mr. Schoonveld noted the report was funded so early in order to get the information out there. Mr. Schoonveld also noted that tomorrow is the Memorial Park Ice Cream Social from 2:00pm — 5:00pm. Scott Feely, 489 Fruit Street, Chair of the CIP and Finance Committee member, noted he is looking forward to budget season as he felt the Town is well prepared to continue to address capital needs and any challenges where previous hard work has positioned the Town for continued success. a. Vote To Approve Board of Selectmen Minutes of the August 12, 2015 meeting of the Board of Selectmen. b. Vote To Approve Warrants: • Town Vendor Warrant No. 16007T in the amount of $475,248.85 • Electric Department Warrant No. 16007E in the amount of $760,385.17 • School Department Vendor Warrant No. 16007S in the amount of $257,714.77 • Town Vendor Warrant No. 16008T in the amount of $995,498.55 • Electric Department Warrant No. 16008E in the amount of $25,372.67 c. Licenses And Permits: • Consideration of Water Installers License for Plainville Pump & Excavating d. Events And Signage • Consideration of Event Permit Application for Starling Wedding September 5, 2015 On South Common Board Of Selectmen's Meeting August 26, 2015 Page 8 of 12 Mr. Ross explained that through the routing process it was found that the Class II License for Mansfield Service would first require a special permit from the Planning Board and therefore would need to be removed. Mr. Annino stated he would also like to remove the Water Installer's License for Plainville Pump and Excavating. Motion: To remove the Water Installer's License for Plainville Pump and Excavating (Annino/Kozlowski) Discussion: Chairman Dentine, asked what the reasoning behind the removal was to which Mr. Anino stated he would rather not discuss. Mr. Aptowitz asked if the Board would be voting on this separately to which Mr. Annino stated yes. PASSES 5:0 Motion: To approve the Consent Agenda with the removal of the Class II License for Mansfield Service and the Water Installer's License for Plainville Pump and Excavating (Kozlowski /Aptowitz) PASSES 5 -0 Motion: To approve the Water Installer's License for Plainville Pump and Excavating (Aptowitz/Kozlowski) Discussion: Mr. Annino is concerned. Mr. Aptowitz asked if Mr. Anino's concern affects the Town and should the Board be aware of it in order to vote accordingly. The Chairman felt that to be a fair question. Mr. Annino felt if he were to bring forth his concerns it should be in Executive Session. Mr. Ross noted he was just informed by Ms. Whalen of a procedural issue with the license which he will need to follow up on with DPW Director Lee Azinheira. Chairman Dentino asked that the license be tabled. • Town Payroll/Town Medicaid Payroll 16007PT in the amount of $400,552.71 Motion: To approve Town Payroll /Town Medicaid Payroll 16007PT in the amount of $400,552.71 (Kozlowski/DelVeechio) PASSES 3:1:1 Dentin NAY Aptowitz ABSTAIN Voucher No. • Town Deductions — Vendor Payroll 16007TV in the amount of $118,276.91 Motion: To approve Town Deductions — Vendor Payroll 16007TV in the amount of $118,276.91 (Kozlowski / Annino) PASSES 5 -0 • Town Payroll/Town Medicaid Payroll 16008PT in the amount of $425,295.76 Motion: To approve Town Payroll/Town Medicaid Payroll 16008PT in the amount of $425,295.76 (Kozlowski /Armin) PASSES 3:1:1 Dentino NAY Aptowitz ABSTAIN • Town Deductions — Vendor Payroll 16O08TV in the amount of $125,000.60 Motion: To approve Town Deductions — Vendor Payroll 160O8TV in the amount of $125,000.60 (Kozlowski/Annino) PASSES 5 -0 • School Payroll /School Medicaid Payroll 16O08PS in the amount of $1,083,581.23 Motion: To approve School Payroll/School Medicaid Payroll 16008PS in the amount of $1,083,581.23 (Kozlowski/Aptowitz) PASSES 5 -0 • School Deductions — Vendor Payroll 16008SV in the amount of $328,036.02 Motion: To approve School Deductions — Vendor Payroll 16008SV in the amount of $328,036.02 (Kozlowski/Antowitz) PASSES 5 -0 None. Board Of Selectmen's Meeting August 26, 2015 Page 9 of 12 }I n ge or Mr. Ross reported on the meeting with the MBTA in relation to the progress on the plans for the ramps for handicapped access in the Chauncey Street underpass. Mr. Ross stated these are close to 100% design completion where the focus of the meeting was on the status of easements and will the Town oppose condemning. Mr. Ross indicated the Town still needs to have discussions regarding the second crossing out to County Street where at this point there has only been a brief discussion. Mr. Ross noted the MBTA would escalate to Representative Barrows and Senator Timilty. Mr. Ross felt it is an opportunity to work with "T" to get that crossing, which gives the Town the opportunity to look down the road at the TOD area. The "T" reported that during the construction period of the ramps there are 50 spaces that will need to be closed off and asked if the Town would consider opening its lots to non - residents. Mr. Ross explained the Town lots are already at capacity and it is not acceptable to displace residents. The "T" would look at other ways to make up for those lost temporary spaces. Mr. Ross reported on the progress of the Solar Energy Project on Branch Street. He noted that the Conservation Commission had a hearing where some residents were present and their concerns were addressed. An Order of Conditions was issued by the Commission. Mr. Ross noted that one of the key issues has been whether or not personal property is taxable (solar panels and equipment). Mr. Ross explained that the law is a bit ambiguous but there have been two Appellate Tax Board decisions that state the property is exempt from taxation if the energy is sold to a for - profit entity. He noted that by extension even though the energy is sold to the Town of Mansfield Electric Department it is then sold to taxable entities. Mr. Ross noted there is an opinion from Town Counsel (Rod Hoffman) on the issue which has been supplied to Nancy Hinote for the Board of Assessors. Ms. Hinote did speak with the attorney who works with the Board who agreed with Mr. Hoffman's opinion. Mr. Ross noted this will be discussed at a Light Commission meeting on September 16`t' and that the Commission will receive drafts prior to that meeting to review. Mr. Annino reminded the Commission would still like to see the site plan. Mr. Kozlowski clarified that the decision with regards to the tax is within the scope of the Board of Assessors and will not be addressed in the Developinent Agreement to which Mr. Ross agreed. Mr. Ross noted that Conservation Agent Katelyn Merrill reported that residents appeared satisfied. Mr. Ross noted the Board is posted to attend the Finance Committee meeting tomorrow, August 27th which will include a discussion of the report on long range plans for maintenance and improvements for School Department buildings. Mr. Ross noted the IMA with Easton for wastewater treatment is pretty much completed. He will forward the documents to the Board for review. DPW Director, Lee Azinheira and Dave Young are also reviewing the document. Mr. Ross noted that Easton went ahead and approved the agreement. He reminded this has been plamred as part of the original IMA. He summarized that the document includes sewering the five- points area and moving west (near Target). Easton will buy into our system as a customer and not an owner. There will be no votes on the Board and will contribute money ($165,000) to the renovation of the Mill Street pumping station. Mr. Ross noted this is a benefit to the customers of Mansfield as it is outside revenue to both existing and expansion of the wastewater plant and money comes right to the Town, not the MFN. The Chairman asked for clarification of the route to which Mr. Ross explained it would move down Route 106 where they could either go into the first subdivision on the south side or all the way down to Flint Farm and go directly into larger sewer. Mr. Ross suspected they would utilize Flint Farm as it is the most economical route. Mr. Ross noted there is no issue with capacity, which they Board Of selectmen's Meeting August 26, 2015 Page 10 of 12 would use 110,000 gallons per day. Mr. Aptowitz asked if the Town is close to capacity as it is to which Mr. Ross reminded that Easton's capacity comes out of the expansion of the plant, which was included when the Town sized the expansion. Mr. Ross reported that, weather permitting, the base course would go down on Otis Street this weekend, the Town will be finishing the sewer lining project on Main Street and move forward on grinding and paving on Main and West Streets, Mr. Ross was uncertain if the Maple Street project will happen this fall and felt it will need to be delayed to spring so as not to get caught up in weather. As the Board previously raised the question for better information from Boards and Commissions, Mr. Ross has asked Shaun Burke and Katelyn Merrill to supply agendas and draft minutes to incorporate into Board's packet to assist with communication. Mr. DelVecchio would like to schedule and Audit Committee meeting as there needs to be a reorganization. Mr. Kozlowski noted that the first meeting of Fales Fuel Site Review Committee was last evening where the group is attempting to keep to at 60 — 90 day time frame for a recommendation to the Board. Mr. Aptowitz thanked Pam for the birthday treats and the Board for celebrating with him. Mr. Aptowitz received a suggestion fi•om a resident to perhaps use the TCP money for lights on the bike path. Mr. Aptowitz attended the Bristol County Advisory Cormnission meeting. Mr. Aptowitz reminded that the Deutsche Bank Championship is next week where he is a volunteer. Mr. Aptowitz asked when the next MMED is scheduled for to which Mr. Ross noted September 16th, Mr. Aptowitz sent his condolences to Rob Bruno of the Xfinity Center whose nephew passed away un- expectantly. Mr. Ross echoed what the Finance Committee said earlier regarding the FEA report where assistance is available from the State on the projects. Mr. DelVecchio was glad to see there would be actual numbers out there and discussion as to how it will be handled rather than nebulous allegations of impending doom. Chairman Dentino discussed the promotional video, recently presented, where he noted there has now been an offer from Jack O'Neil, Mansfield Cable Access, for a free video and suggested The Town take him up on the offer. Mr. DelVecchio suggested putting together a small group of people to assist. The Board agreed that Mr. Aptowitz and Mr. Annino would reach out to Mr. O'Neil. Mr. Ross noted the Chamber is also working on a promotional video for all three Board Of Selectmen's Meeting August 26, 2015 Pago I1 of 12 communities at a cost of $2,500 but noted there has been no final proposal. Mr. Aptowitz would like for the Board to vote on that when the time comes. Chairman Dentino mentioned that he has received calls regarding the signs for the upcoming Special Election. As he was unhappy with the wording the Chairman asked Mr. Ross to contact the Secretary of State and Town Counsel for an opinion. Mr. Ross noted that the signs are being changed to remove the description of the project and just inform the public there is a Special Election, date, time and location. He noted Town Counsel spoke with the Secretary of State where it was felt to be marginal but may not be a violation so the Town decided to Mace different signs. None. Motion: To adjourn the Board of Selectmen meeting at 1 O:O5PM (Aptowitz/Kozlowski) PASSES 5 -0 7 Signature of Clerk Adw Board Of Selectmen's Meeting August 26, 2015 Page 12 of 12 (7-(7-/S- Date of Approval