HomeMy WebLinkAboutBOS MINUTES 10-7-2015Board of Selectmen Minutes
October 7, 2015 t. j r t(�
Present: George Dentine, Chairman; Jess Aptowitz, Vice Chairman- Olivier Kozlowski, Clerk;
Doue Annino, Frank DelVeechio and William RosKTa%Gx 913na &ri ' 33
to order at 7:0,*M" 'The, C11airihan reminded everyone that
the meeting is being broadcast live and taped for future broadcast on Mansfield Cable,
7 1 �gK i it Ise e o to Tim 43 911'
�ju o
H 11 Y T
e
X
OUR 0-1—i 9 t �
Frin, R7
R i Ya
Mr. Annino read the Public Hearing notice into the record.
Motion: To open the Public Hearing (Aptowitz/DelVecchio) PASSES 4:0
Present before the Board are Lou Andrews, Chairman of the Airport Commission, Mansfield Fire
Department Captain Don Tebeau and Airport Manager Bob Welch.
Mr. Andrews reported this application is for:
• two (2) 5,000 gallon propane tanks for the new Airport Administration building, which
will be located underground
• a Jet A fuel tank in quadrant four to acconunodate additional hanger, which the
Commission is presently in negotiations for a new lease
Mr. Aptowitz asked if the additional propane quantities was for heating to which Mr. Andrews
noted it is with the possibility of a restaurant for the future. It was noted there is no natural gas in
the area.
Mr. DelVecchio looked for confirmation that the Fire Department had no issue with the
application. Captain Tebeau reported the propane will be stored in underground tanks, which
eliminates most of the hazards and are separated more than the distance required. Captain Tebeau
stated the storage tank for quadrant four more than satisfied the code. Captain Tebeau did hear
from one abutter who had concerns but was satisfied after speaking with him.
Mr. Amrino read Captain Tebeau's letter into the record.
Captain Tebeau noted the amendment to the license is for the maximum quantities but would allow
the facility to upgrade in the future, if needed, without having to seek additional approval.
Chairman Dentino asked if this has been acceptable in the past to which Captain Tebeau noted it
was.
There were no public comments.
Motion: To close the Public Hearing (Aptowitz/DelVecchio) PASSES 4:0
Board Of Selectmen's Meeting October 7, 2015
Page I of 10
Motion: To approve the storage of flammable liquids and gas in the quantities applied for
(Armin /Aptowitz) PASSES 4:0
Present before the Board is Matthew Pauliks who has applied to be a Constable for the Town. Mr.
Pauliks has been a Constable for the past five years, initially in the town of Lakeville where he
resides but is also a Constable in the Towns of Taunton, Raynham, Dighton and Easton. Recently
Mr. Pauliks has received new accounts with properties located in Town, and this appointment
would make it easier to conduct business. Prior to becoming a Constable, Mr. Pauliks had 20 years
of experience in the private security retail loss prevention field.
The Board had no questions for Mr. Pauliks.
Chairman Dentino asked Ms. Whalen if Mr. Pauliks' application was vetted through Public Safety
to which she noted it has.
Motion: To approve the Constable application for Matthew Thomas Pauliks
Present before the Board from Troop 17 are: Curtis O'Regan (presenter), Anthony Krouskos, Josh
Griffin, Noah Griffin, Jack Corboy and Joe Cavanaugh, Senior Patrol Leader.
The group would like to set up the lot on Saturday, November 21st with sales beginning Saturday,
November 28t".
Mr. Aptowitz asked how many trees the troop sold last year to which it was noted well over 700.
Chairman Dentino asked where the trees were from to which the group noted Nova Scotia. Mr.
Annino stated this to be a great Mansfield tradition and that the troop does a good job each year.
He wished the group luck. Chairman Dentino wished the group the best.
Motion: •qTroop 17 for the use of the tree lot on West Street for Christmas
Tree Fundraising (Aptowitz/Annino) P. 1
Motion: 1
�.
s A�� ( 1 1 11 1 ��� �° �3 �2 � W: s..✓ liar` ,`¢k�?t��,+ pTe�` .PeSF} °'� _
Grant Assurance For Obstruction Removal Phase II
Mr. Aptowitz asked about the quality of the cutting of trees noting in Phase I the area was left in
disrepair for a longer period of time than what was acceptable. Mr. Andrews explained that the
Conunission quickly informed the contractor to revisit the area for clean -up, which was delayed
due to weather. Mr. Andrews noted that the contractor is a reputable contractor and addresses any
issues brought by the Commission. It was noted that additional grass and wildflower seeds will be
planted as well as trees before the first frost. When that lot is finally completed the cost will be
upwards of $30,000. Mr. Andrews reminded the Board that this project was approved and funded
at 2014 Annual Town Meeting where the Board supported the Article.
Board Of Selectmen's Meeting October 7, 2015
Page 2 of 10
Chairman Dentin referenced the Definitions Page of the Grant, #9 "Project shall mean Phase II
Airport Obstruction Removal (On and Off Airport Property) and related work included as
additional efforts in the Program at the sole discretion of the Aeronautics Division" where he felt
this to mean that the Aeronautics Division has sole discretion to take on related work off of the
Airport property. The Chairman had asked, previous to this discussion, for a map outlining all
areas where this work could potentially take place, specifically asking about private property. Mr.
Andrews explained that trees are only removed from private property when an avigation easement
has been negotiated. The Chairman replied that according to the Grant, the Airport Commission
does not have that ability as it is at the "sole discretion of the Aeronautics Division" to which Mr.
Andrews stated the Aeronautics Division does not come in and tell the Commission what to do and
it has never happened. Mr. Andrews cannot interpret the language as he did not write it and
furthered that Town Counsel has reviewed the Grant and had no objections.
Chairman Dentino referenced the Definitions Page of the Grant, #10, "The project will be
conducted upon Airport property as well as outside the Airport boundaries with funding from the
FAA, the Airport commission and the Aeronautics Division" and asked by what laws the
Aeronautic Commission has to do these things. Mr. Andrews stated the Aeronautic Commission is
only funding and that the Town is removing the trees and that the document is a Grant Assurance
that interprets Massachusetts law to have the Town understand that it cannot interfere with the
operation of the Airport and its project. It seemed to Chairman Dentin that the Grant Assurance
should just be taken care of through the Airport Commission as it has sole responsibility of the
Airport. Mr. Andrews stated these are laws that are written by the Commonwealth.
Chairman Dentino referenced Page 9 of the Grant, #3 "The Airport Commission and Board of
Selectmen shall not make or permit any changes or alterations in the Airport or any of the facilities
at the Airport thereby causing non - conformity with the ALP as approved by the Aeronautics
Division and which might, in the opinion of the Aeronautics Division, adversely affect the safety,
utility or efficiency of the Airport. If a change or alteration of the Airport or the facilities is made
which the Aeronautics Division subsequently determines adversely affects the safety, utility or
efficiency of the Airport, the Airport Commission and the Board of Selectmen shall, if requested
by the Division: a) eliminate such adverse effect in a manner approved by the Aeronautics
Division; or, b) bear all costs of relocating such property (or replacement thereof) to the level of
safety, utility, efficiency and cost of operation existing prior to the unapproved change in the
Airport or its facilities." The Chairman did not think the Board should have any type of
responsibility for any of this as it comes under the operations and should therefore come under the
Airport Commission. Mr. Andrews explained that a consultant is hired to prevent these types of
things from happening.
Mr. Aptowitz summarized that the frustration stems from the fact that the Board has the
responsibility but not the authority, as it is being asked to sign off on something that they have no
say in. Chairman Dentino felt the Board should have no responsibility. Again, Mr. Andrews noted
it is a State document and commented he would provide a contact if the Board would like to ask
further questions.
Mr. DelVecchio noted that Mr. Andrews has sat on the Commission for the past 16 years,
processing numerous Grants, and asked if this Grant Assurance is any different from what the
Board has previously seen. Mr. Andrews noted he has processed $6 - $8 million in Grants and this
process isn't any different from previous submissions.
Board Of Selectmen's Meeting October 7, 2015
Page 3 of 10
Mr. Ross noted the Assurances that the Board signs off on are basically saying that it will follow
the law and not interfere with the operation of the Airport and by Massachusetts Statutes that is the
way it is. Mr. Ross furthered the Board's situation is limited to appointing the members of the
Airport Commission. Mr. Ross clarified that the Town (Board) is only assuring the State, who is
granting the money, that it will follow the law as to the operation of the Airport.
Mr. Kozlowski entered the meeting at 7:43pm and sat in the audience.
Mr. Annino remembered there to be an issue with clean -up of the area with Phase I. Mr. Andrews
explained there were weather issues preventing the clean -up but it was ultimately done. Mr.
Aptowitz asked if this was bid out to which Mr. Andrews noted absolutely with each Phase. Mr.
Annino asked for the difference between Residential Type I and Residential Type II, which is
noted within the Grant. Mr. Andrews explained that Type I is clearing of the entire area and Type
II is just the removal of trees encroaching the path.
Motion: To sign the Grant Assurance for Obstruction Removal Phase II (Annino /Aptowitz)
PASSES 4:0
Chairman Dentino stated he voted in favor as the document called for his signature and he did not
want to hold up the process.
Taxiway Lights Repair
Mr. Annino asked if this is just a repair to which Mr. Andrews stated yes as the cabling is very old.
Mr. Andrews noted that the FAA will not pay for conduit. Mr. Ross explained this Taxiway Grant
Assurance funding is all State (80 %) and Local aid (20 %). Mr. Annino noted the repair totals
$20,000.
Motion: To sign the Grant Assurance for Taxiway Lights Repair (Aptowitz/Annino) PASSES 4:0
Mr. Kozlowski apologized for being late but noted as he is a direct abutter to the area where the
obstruction removal is scheduled he would have recused himself from the discussion.
Mr. DelVecchio had gathered examples of other communities' (Dedham, Truro, Hingham) goals
and objectives, which were previously forwarded to the Board for review. The Board was asked to
review the examples for format and provide suggestions for its FY 16 Goals and Objectives.
Mr. DelVecchio also submitted his ideas for goals and objectives to the Board, which are broken
down into three categories: Budget/Finance, Planning /Economic Development and
Communications. This has been made a part of the record. Mr. DelVecchio went through the list
noting:
• enhancement of the Budget documents (meaningful to the residents)
• updating and developing new financial policies
• committees involved in economic development and planning to present before the Board
• recreation and open space plan rather than Ad Hoc approach
• continue to talk about goals and objectives and to create a format to complete earlier with
input from other Boards
• updating website
Board Of selectmen's Meeting October 7, 2015
Page 4 of 10
Mr. Annino felt Mr. DelVecchio has effectively broken down goals into important categories and
liked the well- defined format. He encouraged that whatever the Board decides upon, the Goals
and Objectives should be posted on the website as it keeps the Board on track and accountable.
( Mr. Aptowitz agreed wholeheartedly with Mr. DelVecchio's list noting the Board has discussed a
1 few items in the past. Mr. Aptowitz asked Mr. Ross and his staff to make the website a priority
noting communications with the public is so important. Mr. Annino added that the website could
establish communication and encourages discussion with the residents.
Although Mr. DelVecchio liked the Dedham format Mr. Annino felt it to be formidable and
suggested using Mr. DelVecehio's format as it was easy and simple to understand.
Mr. Kozlowski thanked Mr. DelVecchio for putting the list together. He felt there were some
things that were too broad, referencing the Downtown as a focus of planning /development efforts,
where he felt each Board member may have a different meaning and questioned the effectiveness.
He noted his struggle in terms of setting Goals and Objectives is whether they should be general or
more specific.
Mr. Ross felt the Board needs to outline the general issues and then set specific items to address
within those. From there, the Board would submit that to Mr. Ross and his staff as to the direction
the Board would like to see the Town move forward. Mr. Ross suggested setting high goals and
work to reach those. Mr. Aptowitz added that this would be a great way to judge not only the
Board's work performance but Mr. Ross' as well as it is a great benchmark of evaluating.
Mr. Annino would like to add a column for sustainability as the Board should always be thinking
of what it can do as Town government with regards to energy and waste. Mr. Aptowitz tagged on
j that he felt this should also be tied into the Light Commission in terms of its green effort and
programs. Mr. Annino would also like to add "Community" (a group of people who participate in
activities together) to the list and how the Board can promote and enhance. To follow up on Mr.
Annino's point, Mr. DelVecchio felt that to be an example of non - tradition mega topics that
Economic Development may fit under. Mr. Annino's idea of community is divorced from other
goals, such as budget, where he felt it should not be concerned with infrastructure or day to day
worries. Mr. Ross noted an example to be the Mural dedication and North Common rededication.
Mr. Annino referenced the DBA's Family Fun Night and could an event of that type be
encouraged to happen more than once a year as it fosters a sense of community.
Mr. Aptowitz asked that the Board adopt Mr. Annino's Mission Statement, which was drafted a
year ago.
Mr. DelVecchio asked how the Board should proceed from here. Mr. Ross volunteered to take
suggestions to accumulate into one document and bring back for further discussion. From Mr.
Ross' perspective it should be the Board's document as the policy makers, per the Charter.
Chairman Dentin felt it is a given that Downtown areas evolved because of the financial success
of commercial properties with residences above, referencing what Attleboro has accomplished by
following the developers (condominiums, rentals). The Chairman also felt the success of
programs within a community are due to a group spearheading a drive where it is felt there is a
need, referencing athletic programs. The Chairman stated there is no doubt Mansfield is an
( affluent community where the residents have contributed to causes. The Chairman is focused on
Board Of Selectinen's Meeting October 7, 2015
Page 5 of 10
finances and the upcoming bond for the Municipal Complex and protecting the residents from that
cost as well as the rising cost of utilities. Chairman Dentino stated how the Board serves the
people of this community is what is important.
/ Mr. Annino agreed that the number one priority is to ensure affordability for everyone and that
1 Mansfield does not become so high -end that it cannot have everyone live here. Mr. Annino felt the
Chairman made great points and to add Infrastructure as a category.
Mr. Aptowitz asked if the Town can track hits to its website. Mr. Ross noted the framework for the
new website is complete but just needs to be populated and that tracking would come with that.
Mr. Antowitz would like a few Board members to sit in on discussions as an advisory role.
None.
a. Vote To Approve Board of Selectmen Minutes of the September 30, 2015 meeting of the Board
of Selectmen.
b. Vote To Approve Warrants:
• Town Vendor Warrant No. 16014T in the amount of $731,983.03
c. Licenses And Permits:
• Consideration Of Drainlayer's License For Plainville Pump & Excavating, Inc.
• Consideration Of New Common Victualler License For BG Food Mansfield, LLC dba
b.good Subject To Satisfactory Inspections By Building, Fire and Health Departments
d. Events And Signage:
• Consideration Of Banner Request For Marathon Sports Frosty 5K, November I'a Through
November 15t"
• Consideration Of Banner Request For Council On Aging, November I" Through
November 15th
• Consideration Of Banner Request For United Way, October 8th Through Octoberl8th
• Consideration Of Banner Request For Hearts Of Hope Foundation, October 19th Through
October 31"
• Consideration Of Banner Request For Mansfield Women Of Today, October 121" Through
October 18th
• Consideration Of Sign Request For First Baptist Church's Yard Sale At The Corner Of
Route 106 And Thomas Street
Motion: To remove Drainlayer's License for Plainville Pump & Excavating, Inc.
(Annino/Kozlowski) PASSES 4:1 Dentino NAY
Motion: To remove Sign Request for First Baptist Church (Annino /Kozlowski) PASSES 5:0
Motion: To approve the amended Consent Agenda (Kozlowski /DelVecchio) PASSES 5:0
Motion: To approve the Drainlayer's License for Plainville Pump & Excavating, Inc.
(Aptowitz/Kozlowski)
Board Of Selectmen's Meeting October 7, 2015
Page 6 of 10
Discussion:
Mr. Kozlowski questioned why Mr. Annino asked to have this removed to which Mr. Annino
stated he cannot discuss in open session
Motion: To approve the Drainlayer's License for Plainville Pump & Excavating, Inc.
(Aptowitz/Kozlowski) PASSES 3:2 Annino, Kozlowski NAY
With regards to the First Baptist Church signage request, Ms. Whalen noted it is a public right of
way which the Board generally does not approve. Mr. Annino suggested offering the North
Common. Ms. Whalen will contact the group.
Motion: To offer and approve signage for First Baptist Church's event on the North Common
• Town Payroll /Town Medicaid Payroll 16014PT in the amount of $366,677.24
Motion: To approve Town Payroll/Town Medicaid Payroll 16012PT in the amount of
$366,677.24 (Kozlowski /Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 16014TV in the amount of $111,674.74
Motion: To approve Town Deductions — Vendor Payroll 16012TV in the amount of
$111,674.74 (Kozlowski/Aptowitz) PASSES 5:0
• School Payroll/School Medicaid Payroll 16014PS in the amount of $1,565,575.58
Motion: To approve Town Payroll/Town Medicaid Payroll 16012PS in the amount of
$1,565,575.58 (Kozlowski /Aptowitz) PASSES 5:0
• School Deductions — Vendor Payroll 16014SV in the amount of $509,013.32
Motion: To approve School Deductions — Vendor Payroll 16012SV in the amount of
$509.013.32 (Kozlowski /Antowitz) PASSES 5:0
• Letter From Governor Baker's Office Regarding Grant Award For Sustainable Materials
Recovery Program
Mr. Ross noted that the $6,850 will be used for educational purposes of recycling and to
provide additional recycling containers as it has been quite successful and important to
keep educating. This is one of the larger grants awarded due to its strong program.
• Invitation From Parks And Recreation Department Director Sherri Gurnon To Attend And
Participate In Halloween Parade, October 31St
Mr. Ross gave an overview of his attendance at the ICMA, where topics included
• 2018 "Cadillac Tax" on health insurance which is a 40% excise tax on health insurance
costs above certain standards established by the Federal Government. The Town has run
the numbers a few ways (rules are still being written) noting this could have a major
impact on budgets and health insurance costs. He noted the Town's dental insurance is not
tied in.
CA First Amendment case pending Fredericks vs CA Teacher's Association (where a
prior case, Abouud vs Detroit Board of Education, where court stated public employees
could be required to pay union dues /agency fees and if employee did not want to pay it
didn't have to). This case goes further and alleges that requiring public employees to pay
union dues /agency fees violates First Amendment right to association and will be argued
this fall.
Board Of Selectmen's Meeting October 7, 2015
Page 7 of 10
• Attended sessions on Are Community Finances Sustainable, Driving Economic
Development With Multimodal Transportation, Regional Approaches To Sharing
Services ( currently Town participates in joint purchasing and wastewater treatment with
SERSG)
• Received 45 year certificate award and was asked to perform a session on coaching
younger managers on utilities
Mr. Ross informed the Board that the Town will postpone North Main Street paving until spring as
the gas company work took longer than planned and that inspection of the work showed a gas
trench that does not have adequate thickness of asphalt. The notice has been made a part of the
record. Mr. Aptowitz requested a letter be sent to area businesses. Mr. DelVecchio asked what the
Town's recourse is to which Mr. Ross noted the Town is taking samples and will go back and
demand the work be corrected.
Mr. Ross announced that the MassDOT will be holding its Community Capital Conversations on
November 2nd and that Mansfield will be hosting the meeting. The meeting will be held in
Meeting Room 3A/B from 6:30 — 8:30 and asked the Board to participate.
Mr. Ross noted there will be a Strategic Plan workshop on Saturday, October 24di at the Robinson
School with Dr. Mullin. Mr. Ross distributed to the Board a Strategic Plan Recommendation
Status which has been made a part of the record. Mr. Ross felt this to be a valuable exercise. Mr.
Aptowitz noted this information was distributed at last evening's School Committee meeting. Mr.
DelVecchio recalled the initial process and asked if it would be the same format to which it was
noted yes there will be an intermingling of people at each table to encourage discussion.
Mr. Ross reminded that Town Hall will be closed on Monday, October 12th, due to the Columbus
Day holiday.
Mr. Ross reported that New Growth was certified and the Board should have received an email
from John Stanbrook, Finance Director. Tax Classification Hearing will be November 4th.
Mr. Ross noted the Town has received word it will receive roughly $152,000 from FEMA for
snow removal.
Mr. Ross reported the Attorney General has approved the final items from Town Meeting and now
the General and Zoning By -Laws have been codified. The codification will be up on general a link
on the Town's website.
Mr. Ross reported that Representative Barrows arranged for Jay Ash, State Director of Community
and Economic Development, to spend time in Mansfield, Foxboro and Norton where he took a tour
of the communities. He specifically visited the train station area where he was impressed with the
direction of the Town.
Mr. Kozlowski noted that next Tuesday (October 13n') the Fates Fuel Committee will meet where
it seems like it is leaning towards an open space assembly area.
Mr. Aptowitz noted he and Mr. DelVecchio attended the School Committee meeting (October 6 "i)
where Chairman Mike Trowbridge received a Lifetime Achievement Award from the MA
Board Of Selectmen's Meeting October 7, 2015
Page 8 of 10
Association of School Committees for his 19 years of service. Mr. Aptowitz noted Mr.
Trowbridge has put in countless hours on numerous committees and sent him his congratulations.
Mr. Aptowitz sits on the MMA Policy Committee on Personnel Labor Relations where they
/ recently discussed the Cadillac Tax, more specifically the thresh holds, which he felt were not
1 difficult to achieve. He pointed out the issues in MA are when this was created at the Federal level
there was no regional input. Mr. Aptowitz reported the group also spoke about Chapter 32b 9A1/2
as well as OPEB reform, which he will forward to the Board.
Mr. Aptowitz congratulated Kara Griffin with the Taste of Tri -Town Chamber event, which he
noted was well attended.
Mr. Aptowitz asked if the mural has been sealed to which Mr. Ross noted will happen before
winter.
Mr. Aptowitz reminded the Board of his comments last week of wanting to have full transparency
with regards to the Municipal Complex and to have the Municipal Building Committee's meetings
televised. As Mr. Ross was not present at last week's meeting, Mr. Aptowitz noted that this
request was the consensus of the Board.
Mr. Kozlowski publicly recognized Ms. Whalen for her efforts in accommodating all of the banner
requests in November.
Mr. Annino would like to reconsider the motion for approval of the Frosty 5k banner as a corporate
name appears. Motion: To remove "Marathon Sports presents" from the Frosty 5K Banner
(Annino /Aptowitz) PASSES 5:0
Mr. DelVecchio added to Mr. Aptowitz's congratulations of Mike Trowbridge noting he has been
a remarkable leader noting there has been an 80% turnover since Mr. DelVecchio served (six years
ago) and is a testament to Mr. Trowbridge's leadership.
Mr. DelVecchio wanted to correct a general statement from the rededication ceremony of the
North Common where he was given credit for supporting the redesign. Although he fully supports
the North Common he felt it only right to commend his colleagues as he was not on the Board at
that time.
Mr. DelVecchio will attend the Rhode Island Government Finance Office Association's meeting
on October 15t1i which there will be a discussion on investment policies and development of those
policies for municipalities. He will be sure to pass on any information to the Board as well as the
Finance Committee.
Chairman Dentine distributed a calendar to the Board of upcoming meetings.
Chairman Dentino thanked Scott Feely for all his hard work and time as Chair on CIP. The
Chairman was taken aback that Mr. Feely is no longer Chair of the Committee.
Chairman Dentine asked about the West Street asphalt asking if there was a specific reason why
the Town branched off onto Dean, enveloping an entire block. Mr. Ross explained the street was
Board Of Selectmen's Meeting October 7, 2015
Page 9 of 10
within the plan and met standards for replacement and it made sense to also due access points for
handicap accessibility as the Green School is located there as well.
/tdw
Board Of Selectmen's Meeting October 7, 2015
Page 10 of 10