HomeMy WebLinkAboutBOS MEETING 7-23-2014Board of Selectmen Minutes
July 23, 2014
Present: George Dentine; Chairman, Jess Aptowitz; Vice Chairman, Doug Annino; Clerk, Frank
DelVecchio, Olivier Kozlowski and William Ross; Town Manager
Chairman Dentino called the meeting to order. Chairman Dentine reminded that this meeting is
being broadcast live by Mansfield Cable Access and taned for future broadcast.
Present before the Board is David Surprenant, Counsel for Austin Debucas, LLC, Arlo Skowyra,
Manager Austin Debucas, LLC, Bernard Carp (Principle), as well as Robin Sarro (Principle of
current owners) and Wayne Smith, current employee who will continue his employment as
Manager.
Mr. Surprenant indicated that the completed application has been submitted to Ms. Whalen and
complemented on her assistance throughout the process. He went on to state there is a firm
commitment for financing in place and that the application is for a transfer of the license and to
make a pledge of that license to TD Bank.
Chairman Dentino asked for questions from the Board.
Mr. Aptowitz noted the Board just received the lease prior to this meeting and asked if it was
simply an extension of the previous lease with an additional ten years. Mr. Surprenant explained
that there was an extension exercised in early June for five years and this lease is for two additional
five year extensions. Mr. Aptowitz wanted to be clear that the restaurant is a separate business
with a separate lease, which was confirmed.
Chairman Dentino questioned the application's signature pages as there were multiple signatures
spread over two pages. To be more clear and efficient Chairman Dentino asked that all involved
parties sign on just one page and the decision was made to correct that at the end of the hearing.
Chairman Dentino asked for additional information to be provided for the costs associated with the
transaction. Mr. Surprenant explained that all that information is laid out in the purchase and sales
agreement as well as the financing agreement with TD Bank. He further explained that an
inventory number could not be provided until the time of closing and is customary with this type of
transaction. Chairman Dentino confirmed with Mr. Surprenant that the LLC is seeking to pledge
the license only to TD Bank and noted that an LLC does not have stock as a definition. Chairman
Dentino did not find it necessary to have social security numbers submitted within the Board's
packet when reviewing applications of this type. He asked that the information be redacted in the
future. Chairman Dentino would like the Personal Information Form for Bernard Carp to reflect
his position of "member ".
Board Of Selectmen's Meeting July 23, 2014
Page 1 of 8
Mr. Aptowitz questioned, in terms of ownership, Mr. Skowyra listed as having different ownership
percentages associated with the various locations held by MAS, Inc. and Austin Debucas, LLC.
Mr. Surprenant explained that the new applicant (Austin Debucas, LLC) itself has two entities as
members, MAS, Inc., which owns 51% of the new LLC (Austin Debucas) and Debucas Wine and
Liquors, which owns the other 49 %. Mr. Aptowitz inquired as to the number of licenses allowed
by the State for an establishment to which Mr. Surprenant explained the current maximum is five.
He went on to explain that MAS, Inc. owns two liquor stores (located in Worcester and
Shrewsbury). Mr. Carp then explained that he owns Debucas Wine and Liquors and it is the sole
location. He stated between the two entities there will now be four establishments owned
including Dub's Discount Liquors and the limit is now five.
Chairman Dentino asked for any questions from the public, to which there were none.
Motion: To close the Public Hearing (Aptowitz/Annino) PASSES 5:0
Motion: To approve transfer of ownership and pledge of license of Dub's Discount Liquors to
Austin Debucas, LLC (Aptowitz/DelVecchio) PASSES 5:0
Motion: To approve Wayne Smith as the Manager of Record for Dub's Discount Liquors
(Avtowitz/DelVecchio) PASSES 5:0
the Town received in 2005. Mr. Ross explained there were conditions within the grants to place a
lien on the property and if the property was sold during the period of that lien that a portion of the
grant be repaid to the Town.
Mr. Ross stated that in this instance there were two grants, one for the removal of lead in the
amount of $11,150, which is forgivable and the second for construction/remodeling for $14,100,
which is due back to the Town and recovered at closing. In the past the Town has authorized the
Town Manager to sign the discharge of certificate not to encumber and hold that until the Town
receives the escrow payment where funds would then go back into the Housing Rehabilitation
Fund. Mr. Annino stated that was money given to the Town from the Federal Government and
when it is encumbered the Town gets it back.
Mr. Kozlowski asked if the property was being sold to which Mr. Ross noted yes that the
homeowner has passed and her daughter is selling the property to settle the estate.
Motion: To authorize the Town Manager to execute the discharge (DelVecchio /Aptowitz)
PASSES 5:0
Mr. Annino asked for the balance on the account to which Mr. Ross would follow up but felt it was
less than $100,000. Mr. Annino then asked if the monies stay within the Town's possession until
given over to Housing and Mr. Ross explained the monies does stay in the Town's possession. Mr.
Annino asked about downtown improvements where Mr. Ross noted there is a separate part of that
money that the Town will be doing some downtown improvements (sidewalks and banners) but
Board Of Selectmen's Meeting July 23, 2014
Page 2 of 8
this money could be utilized for housing rehabilitation work, which the Town needs to promote.
One of the issues is that there is a fair amount of administrative overhead involved and the Town
does not have anyone to do it.
Chairman Dentine asked how much of the sidewalk repair is demolition to which Mr. Ross noted
he is unsure as the work is actually bid through SRPEDD where it is per square yard amounts. He
will get those amounts to Chairman Dentino. Chairman Dentino would like to see the Town look
at doing some demolition of the old boxes where the lights used to be — he would like to try to bring
those lights back. Mr. Ross has asked Gary Babin, Director of the Light Department, to look into
that.
minutes. The calculation of the fee was 12,264 attendees (certified by XFinity Center) and that per
the license agreement the charge is $.25 per attendee for a total of $3,066.
Motion: To impose the fine as calculated to the XFinity Center for the Acrosmith time overage
Present before the Board are Betty Peter and William Ross.
Betty Peter, recently retired as the Office Manager of the DPW for the past 20 plus years, and
explained she worked extensively with the wastewater department including budgeting, billing of
the three communities involved. She felt it would be interesting to have input on the financial side
of the newly formed district.
Mr. Annino felt it was great that Ms. Peter wanted to continue on in this capacity and thanked Ms.
Peter. Mr. Aptowitz felt Ms. Peter to be the perfect resident for this Board and supports her 100 %.
Mr. Kozlowski stated with Ms. Peter's background and knowledge she would be an asset to this
Board. Mr. DelVecchio thanked Ms. Peter for coming forward and wished her luck on this new
entity with a lot of responsibility. Chairman Dentino was glad to see Ms. Peter come forward.
Motion: To appoint Elizabeth Peter to the MFN Wastewater District Board
(Aptowitz/Kozlowski) PASSES 5:0
Mr. DelVecchio would be interested in Mr. Ross giving a brief overview of what the position
entails. Mr. Ross explained that this is a new entity that has been about seven years in the making
with the three communities which involve special legislation. He felt it to be a real opportunity for
Mansfield, Foxboro and Norton to form a common entity to own and operate the wastewater
treatment plant that currently serves the three communities and to oversee the expansion of the
plant to allow for additional customers and economic development with the creation of jobs. He
noted it is a unique entity in the Commonwealth and one that has been examined carefully by the
DEP. From is perspective Mr. Ross felt it to be an opportunity to start at the ground level and
create a high functioning, efficient entity that operates in the best interest of all three communities.
Board Of Selectmen's Meeting July 23, 2014
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Mr. Ross suggested that the third member of the MFN Board be a member from the Board of
Selectmen as they also the Water /Sewer Commissioners and Foxboro and Norton has appointed a
member from their Water /Sewer Commissions.
Chairman Dentino noted that Mr. Ross was an extremely important cog to this agreement.
Motion: To appoint William Ross to the MFN Wastewater District Board (Kozlowski /Aptowitz)
PASSES 5:0
Chairman Dentino asked if any other members of the Board would be interested on appointment to
the MFN Wastewater District Board. Mr. Kozlowski expressed an interest.
Motion: To appoint Qlivier Kozlowski to the MFN Wastewater District Board
(Annino /Aotowitz) PASSES 5:0
None.
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes June 25, 2014
Motion: To approve the Board of Selectmen Minutes for June 25, 2014
(DelVecchio /Aptowitz)
Discussion:
Chairman Dentino asked Mr. Ross, with regards to the balance of the Housing Trust, for a
trail of the money to get to the balance of $459,604.23. Mr. Ross noted the high balance is
primarily due to payments by developers in lieu of providing an affordable housing unit in
their development. Mr. Kozlowski noted some of the funds could be from 40Bs from his
days on the Zoning Board.
Mr. Aptowitz asked if the Town has a record of the developers and deposits to ensure that
the Town is in compliance with the State. Mr. Ross noted that occupancy permits are not
issued until the provision of units /lots set aside or a fee is paid. The discussion then turned
to lots not currently developed and the Town's role in that.
Motion: To approve the Board of Selectmen Minutes for June 25, 2014
(DelVecchio /Aptowitz) PASSES 4:1 Dentino NAY
B. Approval of Warrants
• Town Vendor Warrant No. 1405 5T $478,168.24
Motion: To approve Town Vendor Warrant No. 14055T $478,168.24
(Aptowitz/Kozlowski) PASSES 5:0
• Electric Department Vendor Warrant No. 14055E $1,639,496.62
Motion: To approve Electric Department Vendor Warrant No. 14055E $1,639,496.62
(Aptowitz/Kozlowski) PASSES 5:0
• School Department Vendor Warrant No. 140555 $290,629.07
Motion: To approve School Department Vendor Warrant No. 14O55S $290,629.07
(Aptowitz/Kozlowski) PASSES 5:0
• Town Vendor Warrant No. 15003T $58,235.19
Motion: To approve Town Vendor Warrant No. 15003T $58,235.19
(Aptowitz/Kozlowski) PASSES 5:0
Board Of Selectmen's Meeting July 23, 2014
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• Electric Department Vendor Warrant No. 15003E $185,088.77
Motion: To approve Electric Department Vendor Warrant No. 15003E $185,088.77
(Aptowitz/Kozlowski) PASSES 5:0
• Town Payroll /Town Medicaid Payroll Warrant No. 15003PT $348,262.01
Motion: To approve Town Payroll /Town Medicaid Payroll Warrant No. 15003EPT
$348,262.01 (DelVeechio /Kozlowski) 3:1:1 Dentino NAY, Aptowitz ABSTAIN
• Town Deductions — Vendor Payroll Warrant No. 15003TV $107,832.32
Motion: To approve Town Deductions — Vendor Payroll Warrant No. 15003TV
$107,832.32 (Aptowitz/Kozlowski) PASSES 5:0
• School Payroll /School Medicaid Payroll Warrant No. 15003PS $1,107,939.15
Motion: To approve School Payroll /School Medicaid Payroll Warrant No. 15003PS
$1,107,939.15 (Aptowitz/DelVecchio) PASSES 3:1:1 Anino NAY, Kozlowski
ABSTAIN
• School Deductions — Vendor Payroll Warrant No. 15003SV $330,261.61
Motion: To approve School Deductions — Vendor Payroll Warrant No. 15003SV
$330,261.61 (Aptowitz/Kozlowski) PASSES 5:0
• Town Vendor Warrant No. 14056T $140,238.59
Motion: To approve Town Vendor Warrant No. 14056T $140,238.59
(Aptowitz/Kozlowski) PASSES 5:0
• Town Vendor Warrant No. 15004T $413,401.73
Motion: To approve Town Vendor Warrant No. 15004T $413,401.73
(Aptowitz/Kozlowski) PASSES 5:0
• Electric Department Vendor Warrant No. 15004E $39,734.63
Motion: To approve Electric Department Vendor Warrant No. 15004E $39,734.63
(Aptowitz/Kozlowski) PASSES 5:0
• Town Payroll /Town Medicaid Payroll Warrant No. 15004PT $471,264.40
Motion: To approve Town Payroll /Town Medicaid Payroll Warrant No. 15004PT
$471,264.40 (DelVeechio/Kozlowski) PASSES 3:1:1 Dentino NAY, Aptowitz ABSTAIN
Voucher #38643
• Town Deductions — Vendor Payroll Warrant No. 15004TV $137,165.73
Motion: To approve Town Deductions — Vendor Payroll Warrant No. 15004TV
$137,165.73 (Aptowitz/Kozlowski) PASSES 5:0
C. Event, Banner and Permit Approval
• Consideration of Request by MAX Performance For Use Of Town Roads For Bike Portion
of the Sharon Triathlon August 10, 2014
Motion: To approve use of town roads, as presented, for bike portion of the Sharon
Triathlon (Kozlowski /Aptowitz) PASSES 5:0
• Consideration of Request by Rotary Club of Mansfield for 2 Annual Road Race on
October 5, 2014 and Banner Approval
Motion: To approve the 2" d Annual Rotary Club Road Race on October 5, 2014
(Kozlowski /Aptowitz) PASSES 5:0
Motion: To approve the banner as presented (Armin /Kozlowski) PASSES 5:0
Board Of Selectmen's Meeting July 23, 2014
Page 5 of 8
Consideration of Parking Plan and Fee Waiver Requests for the 2014 Deutsche Bank
Championship August 28t" through September I st
Motion: To approve 2014 Deutsche Bank Championship Parking Plan
(Aptowitz/DelVecchio) PASSES 5:0
Motion: To approve the fee waiver request with regards to building permit fees for tents
located at the XFinity Center during the Championship (Annino /Aptowitz) PASSES 5:0
Motion: To approve the fee waiver request on the one -time per vehicle parking charge at
the XFinity Center during the Championship (DelVecchio /Kozlowski) PASSES 5:0
Mr. Aptowitz has received comments from the public with regards to the amount of the
donation decreasing each year. Mr. Ross noted that Mike Antolini, VP of the
Championship, will visit the Board in September.
Consideration of Banner Request for the Mansfield Airport Touch A Truck Event on
September 20, 2014
Motion: To approve the banner as presented (Annino /Kozlowski) PASSES 5:0
D. Correspondence
• Email from Michelle Clayman, Regarding Not Seeking Re- Appointment to the Audit
Committee
• Resignation of John McKenna from the Zoning Board of Appeals
Mr. Ross noted that both these positions have been advertised. Mr. Aptowitz would like to
acknowledge the service of Ms. Clayman. Mr. DelVecchio stated that Ms. Clayman
always found time to donate to the community which he appreciated. Mr. DelVecchio
appreciated Mr. McKenna's dedication as well. It was decided by the Board to send letters
to each of the former members.
Motion: To send a letter of thanks to both Michelle Clayman and John McKenna
(Antowitz/Kozlowski) PASSES 5:0
Mr. Ross distributed to the Board regarding projects and work processes that the Town is
scheduling for FY 15. There are a variety of items on the list which totaled 55. Mr. Ross will
update the list for the Board on a monthly basis including the addition of any new projects. Mr.
Ross also distributed a form that came from the Financial Operational Study that was done a few
years ago. This form will be a status of continuing priorities and where the Town is on meeting its
goals. Mr. Ross noted the Town has been in touch with Dr. Mullen where the Town would like to
re- engage the community with discussions on where the Town is with the Strategic Plan and
identify and new items. This is expected to happen in the fall or early winter.
Mr. Ross reported that the North Common redesign is moving along and the process of pouring
stamped colored concrete is scheduled over the next few weeks and irrigation system is ready to be
installed. Mr. Ross asked Mr. Annino for assistance with lighting. He noted the majority of the
learning, seeding and planting of trees will take place in September. Mr. Ross visited with Cheryl
Collins from the Garden Club which will assist in that area. Mr. Ross stated that the work in that
area has caught the eye of a few developers.
Mr. Ross reported that the water main on Maple Street will be finished within the next two weeks
and focus will then move back to Bird Road to begin work on the underground electric conduit.
He reiterated that temporary surfacing on Maple Street and leave through the winter to ensure
everything settles well and then come back to do the permanent surfacing. Chairman Dentine
Board Of Selectmen's Meeting July 23, 2014
Page 6 of 8
asked if the curve could be taken out on Maple Street to which Mr. Ross did not think so as the
Town was well within the rieht of wav limits and not without acouirine nronerty.
Mr. Annino was concerned with respect to the Action Report from the Mayhem Concert at the
XFinity Center. He referenced damaged equipment, injured officer and the ramp to the highway
shut down by Mass Highway and then giving the Police Department a difficult time.
Mr. Aptowitz has received calls from residents regarding the subdivision off of Branch Street
(Lincoln), particularly the entrance area to ensure it is finished per the agreement as safety is of the
utmost importance. Mr. Kozlowski had inquired about the traffic table. Mr. Aptowitz would like
a review of the area with respect to safety as he noted the Town has an obligation to do its due
diligence.
Mr. Aptowitz thanked Bob Salvo and his team for their work with the stamped concrete in regards
to the North Common redesign.
Mr. Aptowitz noted that the Board briefly discussed the possibility for a third tax class. Mr. Ross
noted he had given Mr. Aptowitz information from Nancy Hinote, Assessor, which provided
another option. Mr. Aptowitz would like to schedule a discussion.
Mr. Aptowitz noted that the Town's Police and Fire Departments are doing an outstanding job at
the XFinity Center.
Mr. Kozlowski noted complaints regarding chip sealing from the Brookside and Erin Drive areas.
Mr. Kozlowski did walk the area (Erin Drive) where he felt unevenness in the roadway. He did do
a comparison with Brookside and noted a difference and asked if the Brookside area was done first
to which Mr. Ross noted it had. Mr. Kozlowski stated that perhaps with time Erin Drive will get to
that same point as Brookside has. Mr. Ross noted the traffic will drive the stone into the base and
smooth it out. Mr. Ross explained the process can take upwards of a year. Mr. Kozlowski asked if
anything else could be done such as another layer or compacting in some way to which Mr. Ross
replied not at this point. Mr. Ross stated that this is part of an overall plan on maintaining streets
that the Town has which is less than a quarter of the cost of a complete replacement and is far less
invasive than taking out an entire street and starting over. Mr. Kozlowski is always concerned
when he hears from residents that this process seems different to them as well dangerous.
Mr. DelVecchio asked Mr. Ross that when he says that resurfacing the roads would cost four times
of the cost of chip sealing could he put a number on that. Mr. Ross reported that it is in a cost range
of $4 a square yard for chip sealing and upwards of $16 -$20 a square yard for tear out and
replacement. Mr. Ross noted that Lee Azinheira, DPW Director, and Mark Cook, Highway
Manager, would like to come before the Board for a presentation on the topic.
Board Of Selectmen's Meeting July 23, 2014
Page 7 of 8
Mr. Annino thanked Ms. Whalen and Deb Herbert for the wonderful job done in organizing the
Town's booth at Family Fun Night, calling them great ambassadors for the Town. Mr. Ross noted
that there has been interest from Town employees in the shirts worn by staff and the Selectmen.
Mr. Annino would also like to see those placed online for sale to the public.
Chairman Dentino also surveyed the Brookside area and asked Mr. Ross if he found the standard
for aggregation (penetration) that he had asked for previously. Mr. Ross believed that information
was in the specifications but would research again and follow up with the Chairman.
None.
Motion: To adjourn the BOS meeting at 8:49pm
�
Signature of Clerk
/Tracey Whalen
Board Of Selectmen's Meeting July 23, 2014
Page 8 of 8
t h-1k,
Date of Approval
PASSES 5:0