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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 Page 3 of 8 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 Page 4 of 8 • 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