HomeMy WebLinkAboutBOS MINUTES 10-21-2015Board of Selectmen Minutes
October 21, 2015
Present: George Dentine, Chairman; Jess Aptowitz, Vice Chairman; Qlivier=_Kozl vFl�ilmlerk;
Douv Annino, Frank DelVecchio and William Ross, Town Manal;er.
Chairman Dentino called the meeting to order at 7:01p.m. The Chairman ircmill ded`evpryone that
the meeting is being broadcast live and taped for future broadcast on M2nsf ld, Lla(5rS Dana
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Motion: To open the Public Hearing (Aptowitz/Annino) PASSES 5:0
Joseph Devlin, attorney for DeMarkis Law representing Longhorn Steakhouse, Steven Scott, Area
Director and Regional Vice President, Kenneth Herard, pending Manager of the location and Rod
Byrne, General Manager of the location are all present before the Board.
Mr. Karl Clemmey, 175 Essex Street, approached the Board to speak on behalf of Longhorn as an
upstanding tenant and asset to the community. He asked that every consideration be made for the
establishment as this is its first violation.
Mr. Devlin first apologized on behalf of management and the licensing and compliance
departments for Longhorn Steakhouse. He stated that this issue has been seriously and thoroughly
investigated where it was found to be a simple administrative /data entry mistake as there are over
1,500 locations to oversee. Mr. Devlin assured the Board that they understand the seriousness of
the issue and that the establishment has made a note within the system and assured that Longhorn
will never appear before the Board again for this type of transgression.
Mr. Kozlowski asked Ms. Whalen to explain how the violation came to light. Ms. Whalen
informed the Board that Mr. Byrne had visited the Board's office on August 24"i to submit a
Change of Manager Application, which was the first Ms. Whalen had heard of Paul Corbett, the
original manager, had left. When asked, Mr. Byrne stated that Mr. Corbett had left three weeks to
a month earlier, which is a violation of the Board's June, 2014 policy. Ms. Whalen contacted Rita
Hayward in licensing and informed her of the violation as well as the rejection of the Mr. Byrne's
application due to a citizenship issue.
Mr. Devlin wanted to be clear that although there was a period of time with no official Manager of
Record there were qualified persons on premise as each location has four managers who are all
ServSafe and TIPS certified.
Mr. Aptowitz thanked the group for coming in and echoed Mr. Clemmey's earlier statements
because as a resident he felt the same way. Mr. Aptowitz explained that the current Board take
alcohol licensing very seriously. He appreciated Mr. Herard's candidness when he was
interviewed at an earlier meeting.
Mr. DelVecchio thanked the group for its attendance this evening. Mr. DelVecchio also
appreciated Mr. Clernrney's statement.
Board Of Selectmen's Meeting October 21, 2015
Pagel of8
Mr. Annino explained the history as to why the Board is at this point. He noted there is a general
frustration of the Board in terms of finding out changes in management of alcohol licenses after the
fact. The Board wanted to have a hearing because it wants both operators and the general public to
know the seriousness of the violation and to remind it is a privilege to be a part of the community.
He appreciated the group coming.
Chairman Dentino appreciated the group coming in and showing they understand the seriousness
of the issue. The Chairman would like to be partners moving forward as he felt the establislmient
is a "plus to the Town ".
Mr. Aptowitz stated for the record that this was an administrative issue ONLY. Mr. Kozlowski
further explained that the "Manager of Record" is the point of contact for any issues related with
the alcohol license and the Board needs to be notified if that person is no longer there.
Motion: To close the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0
Motion: To take no action with regards to the Longhorn Steakhouse (Aptowitz/DelVecchio)
PASSES 5:0
Mr. Kozlowski read the Public Hearing Notice into the record.
Motion: To open the Public Hearing (Kozlowski/Aptowitz) PASSES 5:0
Adam LaFrance, Counsel, is present before the Board for GC Fridays Boston, a new entity,
purchasing 18 TGI Friday Massachusetts locations. He explained it is an asset transaction with a
simple transfer of the alcohol license noting there be no change to the business operations and that
local management will remain in -tact.
Mr. Aptowitz asked why the applicant is not present to which Mr. LaFrance noted they reside in
Florida.
Motion:
Motion:
Fridays,
To close the Public Hearing (AptowitzlDelVecehio) PASSES 5:0
To grant the applicant's request for a transfer of an all alcohol beverage license from TGI
Inc. to GC Fridays Boston, LLC to be located at 280 School Street, Suite A100
Present before the Board is Aidan Corrigan, Troop 51. Aidan is working to build a kick wall at the
Plymouth Street fields for his Eagle Scout project. His goal was to raise $1,000 to aid in the
construction supplies. Aidan held fundraisers at Orange Leaf, Tedeschi's, Dobbs and Buffalo
Wild Wings, which totaled $1,100. Aidan has recently received his Building Permit and is looking
for the Board's approval to move forward.
Aidan has been working with Mark Cook, Highway Operations Manager and Nick Riccio and Lee
Day in the Building Department, where it was decided to build the kick wall so that it can be
connected to the back stop.
Board Of selectmen's Meeting October 21, 2015
Page 2 of 8
Mr. Annino asked who from the Town would supervise the project to which Mr. Ross felt that
would fall under Parks and Recreation or Mike Ahern, Special Projects Manager. Mr. Annino
would like Aidan to meet with Mr. Ahern. Mr. Ross will set up a meeting between the two. Mr.
Annino thought it would be beneficial to have some type of Advisory Committee where there
could be a list of projects for the scouts and other groups to choose from in the future in a more
organized format. Mr. Annino thanked Aidan.
Mr. Kozlowski asked for clarification that the kick wall would be attached to the back stop to
which Aidan explained it will be a flat front with horizontal posts and clamps connecting the back
of the 28' x 10' structure to the back stop. Mr. Kozlowski likes hearing the Eagle Scout projects as
it shows the public what a great group of kids there are in Town. He wondered if a project of this
type, being built on a sports field, should be handled through the Recreation Department. Mr.
Kozlowski agreed with Mr. Annino that there should be a coordinated effort of uses. Mr. Ross
informed the Board that Aidan has presented to the Recreation Committee and received approval.
Mr. Aptowitz asked what grade Aidan is in to which he stated eighth. Mr. Aptowitz stated Aidan
has done a great job and his parents must be very proud.
Chairman Dentino felt Aidan gave an excellent presentation. He felt these types of projects are
perfect "process" learners as it requires following directions, delegating and leadership. It was the
Chairman's feeling that the more the Town is involved in choosing the project it lessens the
experience. He asked when Aidan expects to start to which he wanted to begin as soon as possible.
Motion: To approve Aidan Corrigan's Eagle Scout project proposal as presented
Joseph Cavanaugh, Troop 17, is present before the Board. He is a Life Scout and Senior Patrol
Leader. Joseph would like to clear a nature trail that will connect the public library /council on
aging building to Memorial Park. The purpose is to provide a safe access route from the library to
Memorial Park for senior citizens and parents with young children. Joseph has met with Parks and
Recreation, Mark Cook, Highway Operations Manager as well as Katelyn Merrill and Mike Healy
from the Conservation Department. He anticipated that the work would begin this Spring.
Mr. DelVeechio asked how long the trail would be to which he was unsure of the footage but noted
it would start from the back of the tennis courts to side of the library.
Mr. Aptowitz asked if the trail would be lit for night time access to which Joseph noted it would
not. Mr. Aptowitz asked what type of equipment would be used to which Joseph noted it would all
be done by hand and was planning on using stone dust. Mr. Annino was fine with the use of stone
dust but would defer to Town professionals. Both Mr. Ross and Chairman Dentino were fine with
the use of stone dust as they felt it would pack with use.
Mr. Kozlowski was particularly interested in where this trail would be as he is part of group trying
to put in a fitness trail in that area and perhaps there would be a possibility for coordination.
Mr. Annino asked that Joseph work with Mark Cook with regards to the surface as he is most
interested in proving the trail and felt it is incumbent on the Board to ensure a) is that where the
Board Of Selectmen's Meeting October 21, 2015
Page 3 of 8
trail should be and b) that it works. For this project, Mr. Ross felt that he, Mark Cook and Lee
Azinheira, DPW Director, should be the gatekeepers. Mr. Annino is concerned that there are too
many stakeholders for that area. Mr. Kozlowski added that the Board also needs to ensure it is not
intruding on the Park and Recreation or other Boards' territory. Mr. Ross noted that Joseph did
present and has received approval from the Recreation Commission as well as the Conservation
Commission.
Mr. Annino advised that perhaps a map should be submitted. Joseph did have a map and reviewed
it with the Board.
Chairman Dentine, asked if there would be any tree removal to which Joseph explained he was
hoping to work around the trees to create the 8' wide path. The Chairman foresees numerous
requests for trails in the future and was unsure if there is enough space to accommodate that in the
future but felt this is a nice idea.
Joseph is in the process of completing the application with the Boy Scouts of America and is
seeking approval to move forward. The Board had a quick discussion and agreed to
Motion: To approve Joseph Cavanaugh's Eagle Scout project as presented subject to approval of
the Town Manager's office (Aptowitz/Kozlowski) PASSES 5:0
Mr. Annino would like Town
ect as well.
Mr. Ross explained to the Board that this issue came up while investigating a separate topic where
the Town did not realize if a person is an abutter they were absolutely considered to have a
potential conflict. Mr. Ross has determined that three members of the Fates Fuel Committee:
Gerard Huiskamp, Bernard O'Malley and George Pantos are direct abutters (within 300 feet). Mr.
Ross first spoke with Town Counsel who assured the parties could sign the determination
(showing minimal impact) and then have the Board approve. Mr. Ross then approached each
member involved who very willingly signed.
Mr. Aptowitz noted that the Fates Fuel Committee does not make final rulings that are binding and
that it is an advisory committee only.
Mr. Kozlowski noted the provision in the law states that direct abutters have a presumed conflict
while most times the people interested (wanting to see something good happen) are the direct
abutters. Mr. Kozlowski, as he is the Board's representative to the Committee, has not noticed a
conflict but did note there has been discussions regarding parking.
Chairman Dentino questioned signature of the determination where Mr. Ross explained that the
Board would make a finding and the Chairman would then execute the determination stating that
as Chairman of the Board it has made the following finding.
Paul DeRensis, Town Counsel, was present noting he would be happy to add language that the
Chairman is signing as authorized by the Board of Selectmen. Chairman Dentino felt the
document conflicts itself. Mr. DeRensis explained that Boards of Selectmen often establish
Board Of Selectmen's Meeting October 21, 2015
Page 4 of 8
advisory committees specifically intending to have abutters of the project on the committee with
the theory that abutters are the parties that are most interested and you would like their buy in to the
project. He stated if this is one of those committees the Board needs to complete this step in order
for them to participate. If it is intended to be a neutral decision making committee that makes a
decision without regard the effect on abutters then the Board does not want to grant the
determination. He noted this is very common to have these types of disclosures executed by the
Board.
It was decided to strike the language from each form from "I" to "We"
Mr. Aptowitz would like to clarify that this is for the Fales Fuel Advisory Committee only.
Motion: That the Board make a determination that the financial interest of Gerard Huiskamp
is not so substantial as to be deemed likely to affect the integrity of the services which the
municipality may expect (Kozlowski/DelVecchio) PASSES 5:0
Motion: That the Board make a determination that the financial interest of Bernard O'Malley
is not so substantial as to be deemed likely to affect the integrity of the services which the
municipality may expect (Kozlowski/DelVecchio) PASSES 5:0
Motion: That the Board make a determination that the financial interest of George Pantos is
not so substantial as to be deemed likely to affect the integrity of the services which the
municipality may expect (Kozlowski/DelVecchio) PASSES 5:0
to accommodate signing.
Mr. DelVecchio, on advice of Town Counsel, is recusing himself from this discussion.
Mr. Ross explained these are Bond Anticipation Notes where proposals were taken last week. He
went on to note that rates are up slightly but still under 1 %. The Notes are for the purpose of
interim financing to pay the bills.
ring, has been reviewing the Town's
Policy to be outdated
vritten the policy for
is no smoking in an
noting the smoking
policies to ensure conformity with State Laws and found that its' Smoking
and no longer met State and Board of Health regulations. Ms. Firing has rep
the Board's review. Mr. Ross noted that the biggest change to the policy
entryway to a Town building, specifically the back entryway of Town Hall,
area for Town Hall is the back parking lot or personal vehicles.
Mr. Aptowitz asked if employees' breaks are monitored to which Mr. Ross noted that there are
designated breaks for all employees. Mr. Ross will also advise the School Department of the
policy.
Board Of Selectmen's Meeting October 21, 2015
Page 5 of 8
Motion: To approve the amended Smoking Policy (Kozlowski /DelVecchio) PASSES 5:0
Mr. Aptowitz asked that Mr. Ross remind employees to park only in the back of the building and
E=ger on the side or front.
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Mr. DeRensis stated he and the firm are very happy working with the Board as well as with Mr.
Ross. He is asking for a $5 increase per billable hour from $195 per hour to $200 per hour. Mr.
DeRensis noted that in his review most of their work is covered within the fixed retainer but that in
comparing a $5 increase per billable hour it totaled an additional $1,600 for the year. Mr.
DeRensis also reported that with the settling of a few major cases the amount of billable hours is
expected to decrease.
Mr. Ross reminded the Board that the numbers, in terms of comparisons over the previous years,
has been decreasing. Mr. Ross reminded the Board that the retainer ($4,500 per month) covers:
Town Meeting, review of the Warrant, legal advice (ethics, open meeting law) procurement issues
and contract, land use advice for Planning, management issues. Mr. DeRensis noted litigation and
real estate transactions are not covered under the retainer. Mr. Ross felt the Town always receives
an immediate and thorough response from Mr. DeRensis and his group.
Motion: To grant Deutsche Williams request for an increase in their hourly rate for non - retainer
work for an additional $5 per hour, effective October 1St (Aptowitz/DelVecchio) PASSES 5:0
0.110.3
None.
a. Vote To Approve Board of Selectmen Minutes of the October 7, 2015 meeting of the Board of
Selectmen.
b. Vote To Approve Warrants:
• Town Vendor Warrant No. 16015T in the amount of $586,832.29
• Electric Department Vendor Warrant No. 16015E in the amount of $250,254.17
• School Department Vendor Warrant No. 16015S in the amount of $519,744.58
• Town Vendor Warrant No. 16016T in the amount of $4,296,688.44
• Electric Department Vendor Warrant No. 16016E in the amount of $1,671,650.49
c. Licenses And Permits:
Consideration Of One Day Beer And Wine License For St. Gregory's Greek Orthodox
Church's Greek Taverna, November 7th
d. Events And Signage:
• Consideration Of Event Application For Downtown Business Association's 20 °i Annual
Christmas Parade
Motion: To approve the Consent Agenda (DelVecchio/Kozlowski) PASSES 5:0
• Town Payroll/Town Medicaid Payroll 16015PT in the amount of $326,545.92
Board Of Selectmen's Meeting October 21, 2015
Page 6 of 8
Motion: To approve Town Payroll /Town Medicaid Payroll 16015PT in the amount of
$326,545.92 (Kozlowski/Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 16015TV in the amount of $102,635.97
Motion: To approve Town Deductions — Vendor Payroll 16015TV in the amount of
$102,635.97 (Kozlowski /Aptowitz) PASSES 5:0
• Town Payroll/Town Medicaid Payroll 16016PT in the amount of $357,951.98
Motion: To approve Town Payroll /Town Medicaid Payroll 16016PT in the amount of
$357,951.98 (Kozlowski /Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 16016TV in the amount of $112,741.35
Motion: To approve Town Deductions — Vendor Payroll 16016TV in the amount of
$112,741.35 (Kozlowski/Aptowitz) PASSES 4:1 Dentino NAY
• School Payroll /School Medicaid Payroll 16016PS in the amount of $1,543,056.80
Motion: To approve Town Payroll /Town Medicaid Payroll 16016PS in the amount of
$1,543,056.80 (Kozlowski /Aptowitz) PASSES 5:0
• School Deductions — Vendor Payroll 16016SV in the amount of $531,351.24
Motion: To approve School Deductions — Vendor Payroll 16016SV in the amount of
$531,351.24 (Kozlowski /Aptowitz) PASSES 5:0
None.
Mr. Ross reported that the Town received an additional contract from FEMA where the numbers
are now approaching $200,000 reimbursement.
Mr. Ross noted that the Town opened Bids for replacing the roof on Memorial Hall. Mr. Ross
explained that the Town is currently comparing the bids for a wood shingle roof, which is
historically correct, and a high -grade architectural asphalt shingles, which would resemble a wood
roof. He noted the and low bid for the wood shingles was $130,000 (with a qualified firm) and the
low bid for the asphalt shingles was $90,000. Currently the Town is examining length of duration
where wood shingles would last about 30 years where every five years they would need to be
treated. The asphalt shingles would last about the same with no treatment. Mr. Ross' gut feeling is
it would be nice to be historically correct and noted there are asphalt shingles on it now. He also
felt that maintenance of that kind can fall by the wayside. Mr. Annino noted while there is a
price /cost difference, ascetically and historically there is a huge difference. He felt the Town must
consider that the building is on National Register and that in order to remain it would need to be
historically correct materials. Mr. Annino stated this is one of the few historic buildings the Town
has. Mr. Aptowitz would agree with Mr. Annino except there are asphalt shingles on the building
currently (30 — 40 years). Mr. DelVecchio asked about the funding for the project to which Mr.
Ross explained it was appropriated through CIP ($125,000) and approved at Town Meeting. He
noted that the Town is under on a few other projects where the monies could then be reassigned
which would result in resources for the wood shingle level. Mr. Ross noted this is his decision and
was looking for the Board's thoughts.
Mr. Ross reminded that the workshop for the Strategic Plan is scheduled for this Saturday, October
24t". Mr. Kozlowski reminded that there is still time for residents to lend their opinion by simply
visiting the Town's web page and completing the form.
Board Of selectmen's Meeting October 21, 2015
Page 7 of 8
Mr. Ross reported that the MBC is finishing up its architectural interviews (six in total) for the
Municipal Complex and are expected to be tluough this weekend. Mr. Ross noted the committee
will be voting on televising its meetings on its next agenda.
Mike Ahern reported that the Town just completed an auction on MuniBid for older vehicles and
equipment which drew in $35,500 and anticipate raising between $55,000 - $60,000.
Mr. Ross distributed to the Board the Codification books. Mr. Ross informed that there is a link on
the Town's website (Town Clerk's page) of the books. He thanked former and current Town
Clerks Helen Christian and Marianne Staples for all their hard work.
Mr. Aptowitz has received calls for more information on the scrolls, especially hot button issues
for seniors and those who do not have computers. Mr. Ross will work with Deb Herbert in his
office.
Mr. Aptowitz reminded that MMED is sponsoring the October 30t1i Safety Luncheon at the
Council On Aging. He would appreciate the Board's attendance.
Mr. Aptowitz would like to have regularly scheduled agenda items updating the progress of the
Municipal Complex as well as budgets.
Mr. Aptowitz asked for the status of the 911 Regionalization. Mr. Ross noted that no one has
formally signed on and that there will be another work session next week with the Police Chiefs.
Mr. Aptowitz once again asked about the sealing of the Mural as he does not want it to become the
responsibility of the Highway Department. Mr. Ross sent an email to Nancy Wall who assured it
would be completed.
Mr. Aptowitz asked that Ms. Herbert update the salary listing.
Mr. DelVecchio would like to remind everyone about the Strategic Plan Workshop this Saturday,
October 20' and could not stress enough the importance of the workshop and the efforts by Dr.
Mullen.
Mr. Kozlowski spoke to the Council On Aging, along with the Friends of Memorial Park, with
regards to fitness opportunities for seniors. Mr. Kozlowski also reported to the Council On Aging
on the status of recommendations from the Fates Fuel Committee for that area.
None.
Motion: To adjourn the Board of Selectme
5 -0
Siffiature of Clerk
/tdw
Board Of Selectmen's Meeting October 21, 2015
Page 8 of 8
at 9:32PM (DelVecchio / Aptowitz) PASSES
I l- q -cs-
Date of Approval