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HomeMy WebLinkAboutBOS MINUTES 12-16-15Board of Selectmen Minutes December 16, 2015 Present: George Dentino, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; Doug Annino, and William Ross, Town Manager. Absent: Frank DelVecchio Chairman Dentino called the meeting to order at 7:05p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. Superintendent Luis Lopes and Business Manager Mark Morris are present before the Board. Mr. Lopes first began by noting his office had forwarded a copy of the District's FYI Audit, which has been made a part of the record. The Board had no questions with regards to the audit. Mr. Morris then distributed to the Board a Massachusetts Department of Elementary and Secondary Education FYI Chapter 70 Analysis, which has also been made a part of the record. Mr. Lopes began by noting that enrollment has a large effect on the assessment. Based on October 1st numbers, enrollment is down nine students, from 77 to 68. With numbers provided by Mr. Ross, the estimated Schoolwide School Age Children Population for the Town was estimated to be down 318, resulting in an overall 327 student reduction for Town of Mansfield. With that being said, Mr. Lopes prefaced the discussion by stating that this is the District's "best guess" at this time where his office estimated out the Projected Foundation Budget for FY17 (based on enrollment numbers) to be $39,617,179 of which the required contribution would be $28,816,565. Mr. Lopes highlighted the following: • added $20 per student minimum local aid, noting Mansfield is under that distinction where although enrollment is down the Town still demonstrates the ability to pay • with the local aid number, the transportation cost and capital cost the "best guess" assessment is $835,087 which is about $18,657 less than the current assessment • this number does not include out of district Chapter 74 placements (occurs when students from Mansfield attends another school — other than Southeastern — via school choice) • basing transportation reimbursement amount on cherry sheets Mr. Ross thanked Mr. Lopes for the information and found it to be extremely helpfiil as it gives the Town something to work with in time to present the budget the first week in January per the Charter. Chairman Dentino felt that Mr. Lopes has always provided an abundance of information. Mr. Aptowitz understood this to be a DRAFT budget and asked for Mansfield's FYI cost per student compared to FY17. Mr. Morris noted that the cost per student for FY16 was $11,079 compared to $12,280 for FY17, which is about a 10% increase per student. Mr. Lopes explained the rationale for the increase is that the Town is going from paying 68% of the education bill to 73% of the bill per the State. Mr. Lopes noted Southeastern would have a solid number sometime in January as that is when the Governor's numbers are released. Mr. Ross felt this to be a tremendous exercise which should be carried out each year. Board Of Selectmen's Meeting Deccmber 16, 2015 Page 1 of 7 Present before the Board is Patti Firing, Human Resource Director. Ms. Firing explained that the Town's existing personnel policies were last updated in February of 1999. Through her review, Ms. Firing has made significant changes (mostly compliant related) and provided the Board with an Excel matrix which explains each and every change /update made. The idea is to have the policies current as it is a good resource for the Town and its employees. Mr. Ross flu•thered that the purpose for this discussion is to begin the process of asking questions as it is a lot of information but would ultimately like to have the updated polices approved sometime in January. Mr. Aptowitz asked, in a macroscopic view, how updating or changing the policies affect any sitting contracts. Ms. Firing stated that the short answer to this is some of the Federal policies may already exist in collective bargaining but that the Town would ultimately still need to go back when bargaining with a group(s) and bargain to include the new policies. Mr. Aptowitz asked if that would need to happen in the middle of an existing agreement to which it was Mr. Ross' understanding that if the Federal government makes a rule to follow it does not matter what is in the contract. Ms. Firing explained that the way the policies were updated was to reference existing contracts so that union and non -union employees would be clear as to how a policy applies to each group (referenced verbiage "by checking with contract "). Mr. Aptowitz asked if memorializing the updates into 2015 contracts would cost the Town additional money. Ms. Firing did not think the updates changed what is in the contracts. Mr. Ross, in his review, did not see anything that would cost a great deal of money. Ms. Firing's goal is to have one handbook so that employees will now be able to see all the policies in one place and how each applies to them. Mr. Kozlowski suggested revisiting the Introduction Section in regards to those "employees employed pursuant to collective bargaining agreement to the extent any provisions" of the handbook conflict with the collective bargaining agreement. He felt the wording needed to be revised to incorporate Federal /State law. Mr. Kozlowski noted the Board appreciates the effort. Mr. Ross noted there have been a lot of changes since the initial policies that the Town has not kept up on and that having this new handbook will provide guidance for Department Heads and protect the Town. Mr. Aptowitz asked if these policies would apply to School employees as he does not like having conflicting policies. Ms. Firing noted that all employees on the School side are contractual either by union or some type of contract where all terms /conditions of employment are laid out in a document for each employee. She furthered that all State and Federal policies are being updated as they apply to the School system. Chairman Dentino felt this to be quite a document and felt strongly there are a number of issues which need addressing, referencing comp time and vehicle use. Ms. Firing reminded the Board that the base of the document and its policies is what was adopted in totality by the Board of Selectmen at that time. The Chairman felt there would need to be further discussion with regards to some of these policies. Mr. Aptowitz furthered that it is this Board who wishes to revisit and perhaps update some of the policies as some members are uncomfortable with the current state. Mr. Ross noted how much both the Town and Schools appreciate Ms. Firing's guidance. Board Of Selectmen's Meeting December 16, 2015 Page 2 of 7 Mr. Ross distributed to the Board a listing of 32 tax titles that have been cleared and are ready for disposal. In working with Jackie Boudreau, Treasurer /Collector, John Stanbrook, Finance Director, Katelyn Merrill, Conservation and Shaun Burke, Planner, Mr. Ross has provided a cover sheet for each property, plat map and recommendation from staff to either: a) put it up for sale, b) maybe put it up for sale or c) recommend that the Town keep it. It was noted that quite a number of the properties are wet, isolate or tie together with other Town owned conservation property. In speaking with Town Counsel, it was explained that if the Town decides to retain some of these tax title properties, it would require an Article at Town Meeting to assign ownership. Mr. Annino is concerned about selling properties that require variances to which Mr. Ross noted that Town Counsel advised if there are variances to sell the property as is and to note that variances may be required so that buyers have full notice. Mr. Ross also noted he felt it necessary to require conditions referencing developing within a certain period of time or the Town could take the property back. Mr. Armin would like to have an additional column which defined zoning. Mr. Ross noted there will be a public meeting and suggested having a meeting focusingjust on this Jim Purceval and Marc Songini, Fairfield Park residents, representing Fairfield East Condo Association, are present before the Board to make a statement regarding the artificial parking shortage in and adjacent to the Fairfield Park Condo Properties. Mr. Songini summarized that in moving to the Fairfield East Condos eight years ago one fixed parking space per unit was provided with an additional floating space (for the past six years) by the neighboring Fairfield West Association. Fairfield West Condo Association is now insisting that it has exclusive rights to those additional spaces and are no longer allowing Fairfield East residents to park, in what Mr. Songini deems as "Town owned spots ", threatening to tow vehicles. Mr. Songini took no issue with the situation as he felt there was plenty of on- street parking but now that a Winter Parking Ban is in place (December I" through April 3Ot") it essentially means he has nowhere to park his second vehicle. He outlined his issues in a statement which has been made part of the record. Chairman Dentino felt the situation to be complex with many nuances. Mr. Aptowitz sympathized with the situation. Mr. Ross reminded the Board that in his analysis of the parking along the trail there was a permanent easement granted to the developer of Fairfield West in perpetuity and approved by Town Meeting. Mr. Ross has asked Shaun Burke, Town Planner, to pull the approval documents of the Planning Board for both developments as there should be parking requirements listed within those. Mr. Ross fiuther noted that a permanent easement was also granted to the Housing Authority for the senior housing in that area as well. Mr. Aptowitz was pretty confident that none of the spaces are owned by the Condo Associations, noting the Board does not want to see anyone displaced yet stated he did not believe there was ever a time that two spaces was assigned for each unit. Mr. Amrino was unsure as to if this were a legitimate grievance as he felt those residents at Fairfield bought into something and must own it. He felt the Town has no obligation to provide Board Of Selectmen's Meeting December 16, 2015 Page 3 of 7 additional parking and felt the Board needs to do its research as to what is being provided noting the Board needs to also take into account the Town's needs, referencing the merchants in the area. Mr. Kozlowski asked what has changed in the past eight years to which Mr. Songini explained that two years ago neighbors in Fairfield West insisted they have exclusive rights to all secondary "white painted" parking spots, which consisted of about 20 parking spaces, that had been considered floating spaces and were shared amicably. Mr. Kozlowski wanted Mr. Songini to understand that what one Condo Association says to another is a private matter and that the Board will seek to find the information as to the public /private interaction (Planning Board and Town Meeting) which would color the discussion. Mr. Songini noted they are simply seeking fairness and curious to see if some sort of public space can be made available if those spaces are not meant for them. a. Approval Of Board Of Selectmen Minutes For December 2, 2015 b. Vote To Approve Warrants: • Town Vendor Warrant No. 16023T in the amount of $421,290.74 • Electric Department Vendor Warrant No. 16023E in the amount of $2,660,955.92 • School Department Vendor Warrant No. 160235 in the amount of $485,609.33 • Town Vendor Warrant No. 16024T in the amount of $900,590.23 • Electric Department Vendor Warrant No, 16024E in the amount of $163,543.47 • School Department Vendor Warrant No. 16024S in the amount of $1,090.11 c. Licenses And Permits: • Consideration Of Water Installer's License For Healy Trucking • Consideration Of Hackney Carriage License For Mansfield Tax & Livery Subject To Satisfactory Inspection By Public Safety Officer d. 2016 License Renewals • All Alcohol On Premise And Common Victualler Licenses For Jimmy's Pub & Restaurant Subject To Satisfactory Inspection • All Alcohol On Premise, Common Victualler And Entertainment Licenses For Tasty Ray's • Class II Auto Dealer License For Mansfield Gas & Service Inc. • Class II Auto Dealer License For Mansfield Motors • Class II Auto Dealer License For Shaw Auto Leasing • Class II Auto Dealer License For The Tire Man Auto Sales • Common Victualler License For BG Food Mansfield dba b.good • Common Victualler License For Corporate Chefs, Inc. • Common Victualler And Entertainment License For Deco's Italian Cuisine • Common Victualler And Entertainment Licenses For Great Woods Pizza • Common Victualler License For Honey Dew Donuts • Common Victualler And Entertainment Licenses For Kelloway And Colwell • Common Victualler License For Looking Glass Cafe • Common Victualler License For Papa Gino's • Common Victualler License For Wendy's Old Fashioned Hamburgers Board Of Selectmen's Meeting December 16, 2015 Page 4 of 7 Common Victualler License For White's Pastry Shop • Lodging House License For Peter Fontanini dba Billings Realty Trust Motion: To approve the Consent Agenda (Kozlowski /Armin) PASSES 4:0 • Town Payroll /Town Medicaid Payroll 16023PT in the amount of $359,207.83 Motion: To approve Town Payroll/Town Medicaid Payroll 16023PT in the amount of $359,207.83 (Kozlowski /Aptowitz) PASSES 4:0 • Town Deductions — Vendor Payroll 16023TV in the amount of $114,618.29 Motion: To approve Town Deductions — Vendor Payroll 16023TV in the amount of $114,618.29 (Kozlowski /Aptowitz) PASSES 4:0 • Town PayrolUTown Medicaid Payroll 16024PT in the amount of $305,635.54 Motion: To approve Town Payroll /Town Medicaid Payroll 16024PT in the amount of $305,635.54 (Kozlowski /Aptowitz) PASSES 4:0 • Town Deductions — Vendor Payroll 16024TV in the amount of $94,843.66 Motion: To approve Town Deductions — Vendor Payroll 16024TV in the amount of $94,843.66 (Kozlowski /Aptowitz) PASSES 4:0 • School Payroll /School Medicaid Payroll 16024PS in the amount of $1,552,364.02 Motion: To approve Town Payroll /Town Medicaid Payroll 16024PS in the amount of $1,552,364.02 (Kozlowski/Aptowitz) PASSES 4:0 • School Deductions — Vendor Payroll 16024SV in the amount of $532,316.03 Motion: To approve School Deductions — Vendor Payroll 16024SV in the amount of $532,316.03 (Kozlowski /Aptowitz) PASSES 4:0 • Council On Aging o Thomas Keogh For A 3 Year Term To Expire January 1, 2019 Motion: To appoint Thomas Keogh (Kozlowski /Aptowitz) PASSES 4:0 • Board Of Health o Michael McClean For A 3 Year Term To Expire January 1, 2019 Mr. Kozlowski reminded the Board that the Board of Health recently increased the age to purchase tobacco products to 21, where the Board of Selectmen had a back and forth discussion on whether to ask the Board of Health to reconsider that vote. Mr. Kozlowski noted he will not make a motion on this re- appointment and asked that the Board invite Mr. McClean in to discuss his re- appointment. Mr. Kozlowski has an issue with a Board taking a decision away from an adult's right to choose something that is legal. Chairman Dentino felt this is something that the Board does not have the authority to do. Mr. Ross noted that if the Board wishes to speak with Mr. McClean the chance to do that is the December 30t" meeting. Chairman Dentino asked Mr. Ross to have Town Counsel provide an opinion. Mr. Aptowitz commented that in the past the Board would acquiesce to another member's request whether it agreed or disagreed with his /her opinion. Mr. Annino felt this to be a slippery slope where the Board must be careful not to appoint/re- appoint someone who do not share our beliefs. Mr. Ross would first seek Town Counsel's opinion. • Keep Mansfield Beautiful o Neil Rhein For A 3 Year Term To Expire January 1, 2019 Motion: To appoint Neil Rhein (Kozlowski/) PASSES • Mansfield Housing Corporation Board Of Selectmen's Meeting December 16, 2015 Page 5 of 7 o Connie Baynes For A 3 Year Term To Expire January 1, 2019 Motion: To appoint Connie Baynes (Kozlowski /Annino) PASSES 4:0 • Recreation Commission o Michael Weber For A 3 Year Term To Expire January 1, 2019 Motion: To anvoint Michael Weber (Kozlowski /Amiino) PASSES 4:0 None. Mr. Ross' office forwarded to the Board, via email, information from the Municipal Association on the Act to Modernize Municipal Finance and Government and recommended reviewing the section by section summary. He noted a number of things the Town sees as positive but there are a few showing signs of controversy. Mr. Ross felt this to be a commendable action from the Governor and his administration. Mr. Ross reported that his office has filed with MassWorks the necessary information to prepare a contract for the North Main/North Oakland project noting that cost estimates are well within the budget. Mr. Ross noted that CIP met last evening (December 15th) and approved /made recommendations on the plan with a couple of caveats: work with School Department and consultant to prepare applications for the projects for the MA School Building Authority to consider and as part of that will bring forth recommendations on how to finance and secondly, there are turn -backs on a number of projects in the current and previous year plans. Mr. Ross will forward the progress report prepared by Dr. Mullen and its recommendations for revisions concerning Mansfield's 2012 Five Year Strategic Plan. Mr. Ross wished everyone a Merry Christmas and Happy New Year, Mr. Kozlowski asked if there was an issue with the Mural. Mr. Ross was unaware but would follow up with Nancy Wall. Mr. Annino asked if the Memorial Hall roof project has begun. Mr. Ross reported it was being surveyed today but would follow up on a start date with Mike Ahern. Mr. Annino noted the rave reviews for the Christmas parade and commended the job by Caitlin Barrows and the Downtown Business Association. Mr. Annino would like to set up a time to review the web site. Mr. Ross noted a link has been sent to the Board. Mr. Annino welcomed Chairman Dentino back. Mr. Armin was impressed by the work Ms. Firing did on the policies and asked that Mr. Ross convey that in an email to Ms. Firing. Mr. Annino wished everyone a happy holiday. Board Of Selectmen's Meeting December 16, 2015 Page 6 of 7 Mr. Aptowitz attended the Council On Again holiday luncheon where Gale Farrugia, Director, did a tremendous job. Mr. Aptowitz especially appreciated the youth chorus. Mr. Aptowitz is hearing that the costs for the new Municipal Complex are more than thought to which Mr. Ross reported that to be untrue. The goal is to be less than what has been approved. Mr. Aptowitz postponed tomorrow evening's Budget Sub - Committee meeting. Mr. Aptowitz wished everyone a happy holiday season. Chairman Dentino is glad to be back and appreciated the job the Board did in his absence. Chairman Dentino asked for the status of the Montessori School to which Mr. Ross noted he will the information back to the forefront for discussion. None. Motion: To adjourn the Board of Selectmen meeting at 8:51PM (Kozlowski / Aptowitz) PASSES 4:0 !�✓ Signature of Clerk /tdw Board Of Selectmen's Meeting December 16, 2015 Page 7 of 7 lz -30-6 Date of Approval