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HomeMy WebLinkAboutBOS MINUTES 9-30-2015Board of Selectmen Minutes September 30, 2015 Present: George Dentin, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; Done Annino. Prank DelVecchio and Nick Riecio. Acting -Town Manager. Chairman Dentin called the meeting to order at 8:00p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. Mr. Kozlowski noted in full disclosure that the Airport's most recent expansion caused the Commission to purchase a piece of property where he is a direct abutter. Mr. Kozlowski contacted the State Ethics Commission and has been advised to recuse himself from this agenda item but was further advised that he could speak on his own behalf as a member of the public if he chooses. Chairman Dentino, in reviewing the documents provided by the Airport Commission, felt more information would need to be provided to the Board in order to make an informed decision. The Ms. Whalen Kozlowski put forth a motion for the Board to discuss possible action against Longhorn Steakhouse for violating its policy of notifying of any change to the management of their on meeting premise alcohol license. Mr. Kozlowski reminded this has been an ongoing issue for the Board which prompted it to institute a new policy requiring alcohol license holders to notify the Board any change to the management of their license adding the language is clearly written on the license. With the recent violation of Longhorn Steakhouse, Mr. Kozlowski questioned should the Board actually proceed with disciplinary hearing for not complying with the policy and potential sanctions. Mr. Annino felt if the Board has a policy it needs to adhere to it especially in regards to alcohol licensing. Mr. DelVecchio asked what the formal actions the Board can consider to which Ms. Whalen noted 1) written warning, 2) suspension of the license for a time to be determined by the Board, 3) modification of the license or 4) revocation of license. Ms. Whalen also noted that the license holder can appeal any decision by the Board within five days to the Alcoholic Beverages Control Commission. Mr. DelVecchio assumed that with any case the Board would hold the hearing with an open mind and listen to the evidence noting he would be reluctant to have a hearing if only the strictest of sanctions were available to the Board. Mr. Aptowitz is hearing from the public that there have been other violations to the policy and questioned, "why now ?" Mr. Aptowitz felt the Board has long talked about the seriousness of the alcohol licensing but if it never starts enforcing the policy it never will. Be commented that the Board Of Selectmen's Meeting September 30, 2015 Page I of 6 Town is trying to do what is right and if the license holder cannot manage the license properly then perhaps it shouldn't have one. Chairman Dentino agreed with Mr. Aptowitz stating there is a policy in place with regulations and penalties yet the Board continues to see violations. The Chairman noted the Board is going to stand behind the regulations. Mr. Aptowitz asked if a public hearing would be required if the Board were to issue a written warning. Mr. Riccio noted that a letter of written warning would not require a public hearing but advised to schedule the public hearing as other sanctions are on the table for the Board to consider. Motion: To hold a public hearing with regards to the violation of failure to notify of a change in manager (Aptowitz/Kozlowski) Discussion: Mr. Kozlowski felt Mr. Aptowitz was pre- judging with regards to his statement of issuing a written warning as there may be facts that have yet to be "flushed out ". Mr. Aptowitz noted that the Board's administrative assistant has provided it with information that decisions have been made on. Mr. Aptowitz stated for the record that he will hear what the license holder has to say and make a judgement accordingly. Chairman Dentino would rather see a public hearing in order to discover where the problem lies and who failed to do their job and to bring that person in. Mr. Aptowitz noted that with the corporate chains the contact person is typically in another state. Mr. Kozlowski noted it is not up to the Board to pick and choose who responds for the licensee. Ms. Whalen stated she would notify Rita Hayward, Longhorn's corporate licensing specialist, and it would be her decision who to send. Motion: To hold a public hearing with regards to the violation of failure to notify of a change in manager (Aptowitz/Kozlowski) PASSES 5:0 Chairman Dentino announced the Board would meet next week, Wednesday, October 7th but would then continue with meeting every other week. A schedule will be made available for the public online. Ms. Whalen provided a schedule for the Chairman's review noting the every other week option works well with the placement of holidays. Chairman Dentino did state that if something important came before the Board in an off week it could always schedule an additional None. a. Vote To Approve Board of Selectmen Minutes of the September 16, 2015 meeting of the Board of Selectmen. b. Vote To Approve Warrants: • Town Vendor Warrant No. 16012T in the amount of $298,697.71 • Electric Department Warrant No. 16012E in the amount of $98,420.40 • School Department Vendor Warrant No. 160125 in the amount of $138.00 • Town Vendor Warrant No. 16013T in the amount of $1,194,840.57 • Electric Department Warrant No. 16013E in the amount of $339,934.53 c. Licenses And Permits: • Consideration Of One Day Beer And Wine License For Wines & More For The Tri -Town Chamber's Taste Of Tri -Town Event, October 6th Board Of Selectmen's Meeting September 30, 2015 Page 2 of 6 d. Events And Signage: • Consideration Of Banner And Signage On The North And South Commons For Mansfield Women Of Today's Holiday House Tour And Tea • Consideration Of Event Application For Parks And Recreation's Annual Halloween Parade, October 31St Motion: To remove the items regarding Mansfield Women of Today and the Halloween parade for separate discussion (Kozlowski /Aptowitz) PASSES 5:0 Motion: To approve the Consent Agenda as amended (DelVecchio /Aptowitz) PASSES 5:0 In terms of the Parks and Recreation Department's Halloween Parade, Mr. Kozlowski informed that construction may still be ongoing in that area and the Department has provided an alternate route if necessary. Motion: To approve the Halloween Parade and its alternate route if needed (Kozlowski /Aptowitz) PASSES 5:0 The Mansfield Women of Today are seeking signage on the North and South Commons as well as a banner. Ms. Whalen explained that the group initially requested signage when it was informed the Board could not accommodate its banner request given the policy of no banners after November Va through February 15d'. The group requested that the Light Commission amend that policy, which it did in an earlier meeting this evening. The amended policy is to extend the hanging of banners through November 15" There was a brief discussion as to whether the Board would allow the listing of business establishments selling tickets to the event on the signage. Mr. DelVecchio felt there to be a difference between this and the Board not allowing Mansfield Bank's Bootcamp signage as that required a scheduled consultation. The Board agreed with Mr. DelVecchio and felt the names were fine to remain on the sign as the intent is to let the public know where to get tickets with no strings attached. Motion: To approve the signs for Mansfield Women of Today for the first two weeks in November (Kozlowski /Aptowitz) PASSES 5:0 The discussion then moved to the group's request for a banner as earlier in the evening the Light Commission voted to amend the policy to allow banners to hang the first two weeks in November, effectively immediately. Motion: To allow Mansfield Women of Today their banner request for November I" through November 15 °i as presented (Aptowitz/Kozlowski) Discussion: Mr. Kozlowski reminded that Ms. Whalen had turned down the group's initial application as it violated the policy and at this time there is no renewed request. Mr. Riccio clarified that Ms. Whalen didn't accept the application as the policy did not allow for banners to be hung in the time period requested. Ms. Whalen then explained that, in trying to accommodate the group, suggested the signage on the North and South Commons. She further noted that as the group felt strongly on having a banner they then decided to ask for the policy to be amended, which is was earlier this evening. The amended policy will only allow for the dates of November 1st through November 15th as the calendar is already full. Board Of Selectmen's Meeting September 30, 2015 Page 3 of 6 Mr. Riccio reported that there were other applicants denied for the same reason previous to Mansfield Women of Today's application. Mr. Aptowitz clarified that at this time there are no live requests. Ms. Whalen explained to the Board there were six requests in total, not including Mansfield Women of Today, and that two of the groups were able to schedule space in October as their applications were submitted in June and space was still available at that time. As of the time of this meeting there are four organizations that were turned down and then the application for Mansfield Women of Today. Mr. DelVecchio felt the two groups presenting earlier at the Light Commission meeting, Hearts For Hope and Mansfield Women of Today, were great examples of local, charitable organizations and stated he was sure the others were equally good examples. Mr. DelVecchio was inclined to not put up any additional banners. Chairman Dentino stated the Board opened up "Pandora's Box" and it was his feeling that no matter what the Board did it would be perceived as unfair. Mr. Annino suggested a lottery. Mr. DelVecchio felt that the policy should include language to request "a banner or signage" but not both. Mr. Kozlowski suggested reaching out to the previous groups to inform them of the amended policy and to see if there was interest in re- applying. Mr. Aptowitz felt if the groups were watching then they could contact the office themselves. Mr. Annino felt the Board should not consider the Mansfield Women of Today as they have just been approved for signage for that period. Chairman Dentino felt the Board, acting as Light Commissioners, went beyond where it should have with regards to extending the policy. Mr. Aptowitz noted the Board/Light Commission only extended the policy but has not yet approved hanging any organization's banner. Mr. Annino agreed with the Chairman noting the Board /Light Commission cannot turn requests away and then change its mind. The challenge the Board faced was whether to approach those organizations in the order of submission or to reconsider the policy change to begin effective next year. Motion: Approach those organizations turned away, advise of the new policy to see if there is an interest to submit a new application (Kozlowski/ There was no second to the motion. Motion: To not allow banners this year from November 1St through February 15'h (Annino/ Discussion: Mr. Kozlowski felt the Board would be preemptively saying no to applications that have not been submitted with this motion. Mr. DelVecchio felt the groups sitting before the Board earlier left believing there is a chance for them to hang their banner. Mr. Aptowitz noted the motion earlier this evening clearly stated effective immediately. There was no second to the motion. Mr. DelVecchio questioned why the Board/Light Commission extended the policy if it was not going to accept applications. Mr. Aptowitz stated the bottom line is does the Board want Ms. Whalen to go back to the previous applicants which were initially denied. Mr. Annino felt that is the least the Board could do. Mr. Aptowitz asked if the Town could have a second runner. Mr. Annino felt the Town should not pay for that and there is also a danger with too much clutter. Motion: To approach previous applicants turned away, advise of the new policy and see if there is an interest to resubmit application (Kozlowski /Annino) PASSES 4:1 Dentino NAY • Town Payroll/Town Medicaid Payroll 16012PT in the amount of $384,220.92 Board Of selectmen's Meeting September 30, 2015 Page 4 of 6 Motion: To approve Town Payroll /Town Medicaid Payroll 16012PT in the amount of $384,220.92 (Kozlowski /Aptowitz) PASSES 5:0 • Town Deductions — Vendor Payroll 16012TV in the amount of $114,975.51 Motion: To approve Town Deductions — Vendor Payroll 16012TV in the amount of $114,975.51 (Kozlowski/Aptowitz) PASSES 5:0 • School Payroll /School Medicaid Payroll 16012PS in the amount of $1,601,458.69 Motion: To approve Town Payroll /Town Medicaid Payroll 16012PS in the amount of $1,601,458.69 (Kozlowski/Aptowitz) PASSES 4:1 Dentino NAY • School Deductions — Vendor Payroll 16012SV in the amount of $517,242.59 Motion: To approve School Deductions — Vendor Payroll 16012SV in the amount of $517,242.59 (Kozlowski/DelVecchio) PASSES 5:0 • Town Payroll /Town Medicaid Payroll 16013PT in the amount of $328,141.48 Motion: To approve Town Payroll/Town Medicaid Payroll 16013PT in the amount of $328,141.48 (Kozlowski /Aptowitz) PASSES 5:0 • Town Deductions — Vendor Payroll 16013TV in the amount of $99,531.32 Motion: To approve Town Deductions — Vendor Payroll 16013TV in the amount of $99.531.32 (Kozlowski /Aptowitz) PASSES 5:0 • Letter From Southeastern Regional School District Regarding Reduction Of Local Assessment Mr. Kozlowski read the letter into the record noting Mansfield's reduction totals $2,458. • EMail From Maureen Driscoll Regarding Condition Of Memorial Hall Mr. Kozlowski read the email into the record. Mr. Aptowitz noted there is a plan to repair Memorial Hall, referencing the roof, windows and sheathing. Mr. Riccio agreed with Mr. Aptowitz where there was a fall assessment of Town buildings noting a fair amount of work needed to be done to Memorial Hall. Mr. Annino felt Memorial Hall to be one of the Town's treasures as it is on the National Register. He noted it is not going to be an easy fix but will be a beautiful building once completed. Ms. Whalen noted that Mr. Ross had responded to Ms. Driscoll, Mr. DelVecchio appreciated the email and its sentiments but noted that the assessment was conducted previous to the email. Chairman Dentino felt it is good that the citizens cared. Mr. Riccio noted that Town Clerk Marianne Staples would like to announce that the office is now accepting credit/debit cards for all services. Mr. Riccio explained there is a fee associated with the usage noting the fee goes back to the billing company and not the Town. Mr. Riccio reported that Kara Colby, organizer of the Pop Warner 5K Monster Dash, has informed the Board that the race, scheduled for this Saturday, October 3`d will be postponed until the following Saturday, October 10'h. Ms. Colby has coordinated with all public safety (Police, Fire and Health) departments as well as the Schools. Motion: To accept the rain date of October 10 °i for the 5K Monster Dash (Kozlowski /Aptowitz) PASSES 5:0 Mr. Annino noted that he and Mr. DelVecchio attended the first CIP are looking forward to this year's process. Board Of Selectmen's Meeting September 30, 2015 Page 5 of 6 Mr. Aptowitz asked Mr. Riccio about the signage all over public ways on School Street. Mr. Riccio noted that even though that is a State portion of roadway the Town does sometimes act on removing the signs. Mr. Riccio will speak with the DPW to clean the area. Mr. Aptowitz reminded that Town Hall parking is for Town Hall business only. Mr. Aptowitz would like letters sent to area businesses reminding of that fact. Mr. Aptowitz commented that the Board needs to be fiscally prudent with regards to the Municipal Complex voted through at Special Election. Mr. Aptowitz did not want to get into specifies and noted it is his understanding that decisions now fall with the Municipal Building Committee. As a gatekeeper of the community Mr. Aptowitz stated lie will stay on top of this project, reminding that 47% of those voting did not want the project. Mr. Annino reminded that the plans are preliminary in order to establish a budget and felt through his initial involvement with the planning of the project that the group was extremely prudent only wanting the basics. Mr. DelVecchio asked for the current status of the project to which Mr. Riccio explained that public bids for design have been submitted to Mike Ahern, Special Projects Manager, and will be reviewed through appropriate channels referencing the Municipal Building Committee. The Board felt that the MBC meetings should be televised. Chairman Dentino agreed with Mr. Aptowitz stating that although $37 million has been approved does not mean the Town needs to spend all $37 million. The Chairman felt there are things on the preliminary plans that lie would not like to see carried forward. The Chairman would like a plan with dimensions available for viewing. Chairman Dentin intends to follow the process closely. Mr. Annino explained that as the design progresses there will be new budget estimates each step of the way. Mr. Kozlowski agreed with Mr. Aptowitz, once again stating it is not cheap to live in Mansfield. Mr. Kozlowski thanked Mark Cook, Highway Division Supervisor, and the DPW for acting quickly on the request he brought forward for a resident regarding crosswalk markings on West Street. Chairman Dentino asked if there would be sidewalks on both sides of West Street. Mr. Riccio would follow up with DPW Director Lee Azinheira. 5 -0 Signature of Clerk Adw Board Of Selectmen's Meeting September 30, 2015 Page 6 of 6 Date of Approval