HomeMy WebLinkAboutBOS MINUTES 3-12-2014Board of Selectmen Minutes
March 12, 2014
Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, Olivier
Kozlowski and William Ross; Town Manager
Absent: George Dentino
nan Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is
broadcast live by Mansfield Cable Access and taped for future broadcast.
Present before the Board is Ben Cavallo, owner of the property located on Map 8, Lot 57 West
Street, and Lee Azinheira, DPW Director. Chairman Aptowitz summarized that this is in regards
to a piece of undeveloped land on West Street that currently has no utilities. The current owner,
Mr. Cavallo, explained that he is looking to develop the lot (adjacent to 603 West Street) for a
potential building, which would meet current zoning guidelines. He noted that West Street was
paved approximately two years ago, within the five year moratorium; therefore he would need the
Board to waive the street cut moratorium in order for the land to be developable. Mr. Cavallo
explained that fortunately the utilities (gas and water) are located on his side of the road and would
require only a minimal cut. He went on to explain there are two options in regards to accessing the
sewer: 1) would require no street cut but an easement on the adjacent property but to date has not
been able to work out a deal with that property owner or 2) put access on the comer of the property
and a small cut into the street by the existing manhole cover.
Mr. Azinheira explained that these are potential cuts and depend on the exact location of the gas
and water and that they are trying to be conservative and come before the Board with a worst case
scenario. He noted that the sewer cut would be the bigger of the two. Mr. Azinheira stated that if
the cuts were needed that the department would work with Mr. Cavallo and ensure that the cuts
were at a minimum and to patch the asphalt to the Town's specifications.
Chairman Aptowitz noted that this would not be a change to the policy and explained that the
Board is pushing for development in this area and stated that if the Board did not allow for this
request it would inhibit the development of the site and the area. Mr. Azinheira noted that this site
is in the heart of the industrial park and if the Town is trying to promote development there it
would be fair to use that reasoning for a waiver of the current policy. Mr. Azinheira also noted that
this waiver would not open up for digging all over Town but does set a precedent for the industrial
park.
Mr. Kozlowski inquired as to the standard for requesting a waiver /exception to which Mr.
Azinheira reported there is not much of a history of granting waivers but felt that this particular
request was being looked at differently given the Town trying to promote development in that area.
Mr. Moran noted it is a minimal cut and fortunately gas and water are located on the same side of
the street. Mr. Moran felt that granting this waiver is due to a series of different circumstances of a
minimal cut in an area the Town is trying to develop within the industrial park.
Chairman Aptowitz asked Mr. Azinheira if he had a staff recommendation on approving the
waiver to which Mr. Azinheira noted he has no objections but felt this is at the Board's discretion.
Board Of Selectmen's Meeting March 12, 2014
Page 1 of 8
Mr. Annino abstained from the discussion.
Motion: To approve the request for a waiver for a road cut for the specific property as drawn on
Map 8, Lot 57 West Street due to its location in the Industrial Park, that the Town is looking to
develop in that area and to ensure a minimal cut with sign off from DPW Director, Lee Azinheira
for coming this evening. He noted that through the Town's budget discussions there were requests
to have the Town's representatives in to discuss current budgetary and legislative issues.
Representative Barrows noted there was debate with action on the floor just today that resulted in
finally passing a local aid resolution, which would assist towns with the budgeting process. He
explained that the minority party has been trying for the past eight years to offer a resolution to be
adopted for the House that would be pre- budget in order to give towns an idea on what they can
count on.
Representative Poirier distributed an informational sheet to the Board regarding action taken at the
State level today. She reported that a resolution has been filed declaring the intent of the House of
Representatives to give 'timely notice relative to the amounts of local aid for towns, cities and
regional school districts essential for a rational budget process. Rep. Poirier outlined that the
distributed materials outlines for Chapter 70 what the Town of Mansfield received for FY14, what
the Governor proposed for FY15, what the House Ways and Means resolution settled for FY15
(which is the same as the Governor) and what RLO proposed for FY15 (which would have been an
increase). She was sorry to report that the RLO did not win on that issue.
Representative Poirier further explained, that in regards to Unrestricted Government Aid, the
materials outline what the Town of Mansfield received for FY14, what the Governor proposed for
FY15 (remaining the same as previous year), what the House Ways and Means resolution settled
for FY15 (a $53,558 increase) and what RLO proposed for FY15 (which was $157,399 increase
over Governor's number).
Representative Poirier noted that Republican colleagues proposed the following:
• increase in the amount of Chapter 70 school aid from $25 per student to $50 per student
• increase the amount of Unrestricted General Government Aid by $75 million — an 8.15%
increase over FY14
• level fund the Reimbursement in Lieu of Taxes (PILOT) with FY14 appropriation
• increase the level of funding for Regional School Transportation by $2.5 million over
FY14
• fund the reimbursement for the Special Education Circuit Breaker at $252.5 million,
slightly above FY14
• set the level of funding for Homeless Student Transportation (McKinneyNento) at the
projected FY15 district claim amount of $14.9 million
Rep. Poirier noted that the resolution was designed to give cities /towns more money and to let you
know what it would be early on so that they will have for the ability to plan. She explained that the
figures were derived by: in January the tax revenue benchmark was raised by $403 million and is
Board Of Selectmen's Meeting March 12, 2014
Page 2 of 8
now $288 million above the revised benchmark, $391 million has been collected from settlements
and judgments in excess $10 million, $332 million automatically goes into the stabilization fund
and all of these totals are over $1 billion in unplanned revenues. She stated they felt very
comfortable in offering those entire amounts for every city and town in the Commonwealth but
unfortunately it did not pass and noted there was some debate on it. She reported that $25 million
in additional unrestricted aide was passed and believed there was some conversation between the
House and Senate that she assumed the Senate would agree to the figures.- She explained that the
Senate has the advantage of doing their budget in early May whereas the House must complete
theirs in late April.
Chairman Aptowitz asked that, for purposes of Mansfield's Town Meeting, it can go with these
figures to which Rep. Poirier responded yes. Representative Barrows noted that it has changed in
terms of additional funds coming through which would be "a good problem ".
Senator Timilty first noted for clarification that Representative Kafka would have loved to attend
this evening but unfortunately was with an ill family member.
Senator Timilty spoke to the Senate's position that there are certainly, in most cases, ways for the
Senate to be better and shared his colleague's disagreement with the figure. He imagined that all
across the cities and towns in the Commonwealth that they won't be happy with the number in
light of the fact that the State is far above the bench mark (5 % -6% over for the year). He also
stated that it is unfortunate that the State does not fully fund McKinneyNento because since that
auditor's ruling it has only gone up, based on some troubling issues in society. He reported that
after the audit's completion the Legislature was informed that it had to come up with money for the
communities for homeless children and then backed away from that. He explained that in
discussions with the Secretary of Education it was noted there are a lot of duplicate reporting and
errors which require staff time that could be used in other vital areas in the system.
Chairman Aptowitz noted that the Target Aid issue was brought to light when the Board met with
the Superintendent from the Southeastern Regional School District, who did a decent job breaking
down the numbers by town and showing that Mansfield was about $2 million down from FY07
and if the Town could at least have half of that the budgets would be in better shape. The
Chairman also questioned why Mansfield should have to subsidize students from other Towns
where it pays $10,000 per student and Brockton pays $3,000. He noted the Town's assessment
went up $170,000 for Southeastern with only nine additional students. Mr. Ross noted the
assessment has reported a 20% increase for the last five years - compounded.
Representative Barrows noted the challenge of the calculation and that it is hard to explain with
many moving parts and when there are rifts between the entities all looking for the support of
taxpayers it becomes even harder. He felt that some of the public was unaware of the school
system's responsibility to fund for the transportation homeless students. He reiterated Senator
Timilty's statement that the auditor ruled that communities must fund for this and that it is a very
fragile system.
Senator Timilty stated that when the looking over the Governor's preliminary budget, when
putting $100 million, over and above into Chapter 70, there are communities, like the city of
Orange that received $9 million of that, which leads to significant frustration (with suburban
towns) as there seems to be no fairness. Representative Poirier added there is no fairness when it
comes to this on many fronts and that the formula is over 20 years old and probably needs to be
Board Of Selectmen's Meeting March 12, 2014
Page 3 of 8
blown up and started again. She stated the House and Senate continue to whack away and try to
bring fairness and that the problems in society and economy are what is driving everything. She
echoed Senator Timilty's thought that those with the greatest need get even more leaving the
burden for the rest.
Chairman Aptowitz noted the Town's struggles as well and referenced the new windows in the
Robinson School yet there are three new schools in Brockton. Senator Timilty noted the case of
Hancock v. Driscoll where the communities of Holyoke, Lawrence, Boston and Springfield
charged that the State wasn't doing enough for education where those communities were already
being supported almost 100 %. It was a narrow defeat of 4 to 3.
Representative Barrows could give a hundred million reasons of where government has blown it in
the past eight years but did reference the $69 million spent on the website for healthcare and not
one single person has signed up.
Representative Poirier provided a letter to the Board to say the House requested of the Conference
Committee to release snow and ice money so that cities and towns could pay its contractors and
noted that did pass.
Representative Barrows noted they are three lucky representatives for that in the communities
which they represent that in spite of what has gone wrong are doing pretty well with great
municipal staffs and leadership, schools and are forging ahead with community partnership and
volunteers.
Mr. Annino is worried that every year we vote on taxes (which go up) and getting our house in
order and is concerned that we are outpricing our community and can we continue to have the
diversity on all levels. Representative Barrows stated that collectively, as citizens, we have to yell
and scream for where the government has stumbled and continue to ask for answers.
Mr. Moran stated that given our biggest cost, which is employees, and noted the Town has done a
good job in that area, it is nibbling at the margins and there is little gristle on the bone. Mr. Moran
also noted that in regards to the Chapter 70 formula, the Town is helping those in need yet hurting
its own students. Representative Poirier mentioned that within the past month the Secretary of
Education toured the middle school along with a few members of the School Committee. She
noted that Superintendent Hodges was frank and explained the issues in the Town and
Representative Poirier felt it was a good discussion and was pleased to see his presence. She noted
as they went through the middle school it was noticed how dedicated the teachers are and what
hurts is that we manage with less yet produce amazing results. Representative Poirier went on to
say that most people have no idea of what is going on until it affects them. She stated there is a
need to get more people involved and as a result become educated and contribute as they have a lot
to offer.
Mr. Kozlowski asked if the representatives expected or foresaw a reduction in terms of the
unrestricted grant revenue to which Representative Barrows felt that there was enough of a
cushion, as it is up over a $1 billion. Senator Timilty stated it wouldn't appear to go down as it is
currently setup to be over $1 billion and was hoping for a design of better news in April/May as
the House and Senate finalize budgets.
Board Of Selectmen's Meeting March 12, 2014
Page 4 of 8
Mr. Kozlowski also asked, in regards to McKinneyNento reimbursement, how long that
requirement lasts, in terms of when is the child no longer a resident of the Town. Representative
Poirier noted that the basis is to not disrupt the life of that child so as long as they reside in a shelter
or hotel /motel the transportation would be required or the parents make a choice to move the child
to a closer school system to where they are.
Mr. Ross stated one of the best things that can be done is do no harm and try to avoid doing things
that cost the Town money or put additional regulations that make the Town have to file more paper
that would cost the Town more. He noted it seems to be one of the favorite things of bureaucracies
as there is a lot of duplicative documenting and reporting. Mr. Ross noted that the Town is
working hard on its budget and about $490,000 that still needs to be addressed between the two
side —Town and School. He reported that on the municipal side it is up .77% and has done its job
and there was enough free cash to fund capital items and to put some in reserves. Additionally, Mr.
Ross noted the Town is discussion Home Rule Petitions on additional alcohol licenses to drive
business in the downtown and train station areas and out of Strategic Plan the creation of an
Economic Development Committee. Mr. Ross also noted that ADM and a developer has agreed on
the sale of the Chocolate Factory and will present plans for its development at a future Board of
Selectmen meeting.
Representative Barrows spoke with the Chairman in the House in charge of licensing as well as the
Representative from Brookline, who recently received ten additional alcohol licenses, and felt that
both he and Representative Poirier could deliver that as the licenses are site specific and based on
an economic /development perspective. He did state that they do not want to devalue any other
sites.
Representative Barrows and Representative Poirier are working on the Transportation Bond Bill
and hoped to go into conference to assist with particular issues like Oakland Street and the train
station area. Lastly he noted that all representatives continue to bang away to get the Governor to
release Chapter 90 money of $100 million.
Representative Poirier noted that the House recently passed a bill which would allow package
stores to open at 10:00am instead of 12:00pm on Sundays and felt there is an economic benefit to
this bill. She noted the bill is currently in the Senate.
Representative Barrows noted that July 15th has been set as the DBA's Family Fun Night.
Representative Poirier invited everyone to the 3`d Senior Spectacular on April 25th at the North
Attleboro Middle School. It will be a free seminar with workshops, vendors and medical checkups
and legal counsel specializing in elder law. She urged seniors to register at their Council on Aging
or contact her office at 617 - 722 -2100.
Mr. Ross noted that in his discussion with Rich Hucksam the draft calls for the address and then
the parcel id of the target area. Mr. Ross asked that in lieu of that if the Town could use an excerpt
from the GIS map that outlines and shows the parcel numbers as it would be easier to identify. Mr.
Hucksam stated that as long as the area was clearly identified it would not be a problem. Mr. Ross
asked if that would be acceptable to the Board. Mr. Ross noted that Mr. Dentino asked if the Board
Board Of Selectmen's Meeting March 12, 2014
Page 5 of 8
was to vote this evening he would like it noted that nine licenses are too many and does not support
that number. Chairman Aptowitz does not want to vote without Mr. Dentine, present.
Chairman Aptowitz also noted that Mr. Moran will be out of town for the vote on March 26t" and
has requested remote participation which he will allow.
Mr. Ross noted this currently is a draft warrant article. Mr. Kozlowski had a conversation with Mr.
Ross with respect to the Hathway Patterson property and would an EDC have helped in that
instance. Mr. Ross reported it could have in that the Town could have transferred the property to
the EDC, where the EDC has more flexibility, in terms of a plan (must be in place) to negotiate a
deal with a new business and do it very quickly. Mr. Kozlowski noted that the EPA was looking
for what the Town had done so far in terms of marketing and getting it ready. His question was if
the Town had an EDC would they have undertaken that. Mr. Ross noted that potentially the EDC
would have taken the site, and worked with the Town to prepare to market and move forward.
Chairman Aptowitz felt it was discussed quite a bit at last week's meeting. Mr. Kozlwoski felt the
case still needs to be made as to what this entity can do that private development or the Town
cannot do.
Mr. Ross began his report by stating that he will begin work with John Stanbrook, Brenda Hodges
and Ed Vozzella on press releases and hoped to have that completed by week's end. Mr. Ross
noted that additional work on the healthcare numbers have been done and felt there is still some
savings there. At this point there is about $140,000 in reserves for changes (ie change in status).
Mr. Ross explained that in review of exact numbers, taking into account some increased revenue
believed to be coming from vehicles and possibly State aid, the overall shortfall is $490,000
(School and Municipal). Mr. Ross noted this is as low as the Town has been in the March time
frame and believed great progress has been made and is in pretty good shape. The Town increase
is .77% and some of that is related to health insurance for School Department employees and also
education oriented costs.
Mr. Ross reported that on the side of Free Cash ($2,826,000 - certified for FY13), the Finance
Committee has said $1 million will be used as part of funding FY15 budget and will gradually
reduce that amount so that expenditures match revenues for the General Fund. The Town is
currently estimating a Snow and Ice deficit of $284,000 - to date the Town is at $205,000 but there
are additional bills to be paid and repairs. Mr. Ross reported there is $1,316,000 for FYI Capital
Plan and includes everything.
Mr. Moran noted the Free Cash plug is still in play and that it will be reduced to $500,000 next
year. He explained that in reality the $490,000 short fall is actually $990,000. This is a trend the
Town needs to continue to manage. He stated it is important to note that a.77% increase in these
economic times is actually a decrease.
Scott Feely, 49 Fruit Street and member of the Finance Committee, noted firm progress on all
fronts and it is important not to lose sight of that. He noted that the Town is funding its Capital
projects through Free Cash and hoped to make contributions, even small, to the Stabilization
Funds as they represent progress and to keep pushing forward. Mr. Feeley stated the benefits are
there if the Town maintains discipline.
Board Of Selectmen's Meeting March 12, 2014
Page 6 of 8
�a�' . °'�.5'4��f3!•�._
'���7Vil�al�r:V:r:t,�.�
�r::c:_
r .,r
iiC��t„r�a�ti�._r�..
Mr. Ross noted this currently is a draft warrant article. Mr. Kozlowski had a conversation with Mr.
Ross with respect to the Hathway Patterson property and would an EDC have helped in that
instance. Mr. Ross reported it could have in that the Town could have transferred the property to
the EDC, where the EDC has more flexibility, in terms of a plan (must be in place) to negotiate a
deal with a new business and do it very quickly. Mr. Kozlowski noted that the EPA was looking
for what the Town had done so far in terms of marketing and getting it ready. His question was if
the Town had an EDC would they have undertaken that. Mr. Ross noted that potentially the EDC
would have taken the site, and worked with the Town to prepare to market and move forward.
Chairman Aptowitz felt it was discussed quite a bit at last week's meeting. Mr. Kozlwoski felt the
case still needs to be made as to what this entity can do that private development or the Town
cannot do.
Mr. Ross began his report by stating that he will begin work with John Stanbrook, Brenda Hodges
and Ed Vozzella on press releases and hoped to have that completed by week's end. Mr. Ross
noted that additional work on the healthcare numbers have been done and felt there is still some
savings there. At this point there is about $140,000 in reserves for changes (ie change in status).
Mr. Ross explained that in review of exact numbers, taking into account some increased revenue
believed to be coming from vehicles and possibly State aid, the overall shortfall is $490,000
(School and Municipal). Mr. Ross noted this is as low as the Town has been in the March time
frame and believed great progress has been made and is in pretty good shape. The Town increase
is .77% and some of that is related to health insurance for School Department employees and also
education oriented costs.
Mr. Ross reported that on the side of Free Cash ($2,826,000 - certified for FY13), the Finance
Committee has said $1 million will be used as part of funding FY15 budget and will gradually
reduce that amount so that expenditures match revenues for the General Fund. The Town is
currently estimating a Snow and Ice deficit of $284,000 - to date the Town is at $205,000 but there
are additional bills to be paid and repairs. Mr. Ross reported there is $1,316,000 for FYI Capital
Plan and includes everything.
Mr. Moran noted the Free Cash plug is still in play and that it will be reduced to $500,000 next
year. He explained that in reality the $490,000 short fall is actually $990,000. This is a trend the
Town needs to continue to manage. He stated it is important to note that a.77% increase in these
economic times is actually a decrease.
Scott Feely, 49 Fruit Street and member of the Finance Committee, noted firm progress on all
fronts and it is important not to lose sight of that. He noted that the Town is funding its Capital
projects through Free Cash and hoped to make contributions, even small, to the Stabilization
Funds as they represent progress and to keep pushing forward. Mr. Feeley stated the benefits are
there if the Town maintains discipline.
Board Of Selectmen's Meeting March 12, 2014
Page 6 of 8
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes February 12, 2014
Motion: To approve the Board of Selectmen Minutes for February 12, 2014
(Kozlowski / Annino) PASSES 4:0
B. Approval of Warrants
Town Vendor Warrant No. 14037T $314,014.18
Motion: To approve Town Vendor Warrant No. 14037T $314,014.18
(Kozlowski / Annino) PASSES 4:0
Electric Department Vendor Warrant No. 14037E $1,489,909.84
Motion: To approve Electric Department Warrant No. 14034E $1,489,909.84
(Kozlowski / Annino) PASSES 4:0
Town Payroll Town Medicaid Payroll Warrant No. 14037PT $272,977.54
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14037PT
$272,977.54 (Kozlowski / Annino) PASSES 4:0
Town Deductions Vendor Payroll Warrant No. 14O37TV $84,943.07
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14037TV
$84,943.07 (Kozlowski / Annino) PASSES 4:0
School Payroll School Medicaid Payroll Warrant No. 14037PS $1,443,981.94
Motion: To approve School Payroll Town Medicaid Payroll Warrant No. 14037PS
$1,443,981.94 (Kozlowski/Moran) PASSES 3:1 Annino NAY
School Deductions Vendor Payroll Warrant No. 14037SV $489,656.01
Motion:. To approve School Deductions Vendor Payroll Warrant No. 14037SV
$489,656.01 (Kozlowski / Annino) PASSES 4:0
C. License and Permit Approval
• Consideration of Application for 2014 Drainlayer's License for Christian & Feck
Development Corp.
Motion: To approve 2014 Drainlayer's License for Christian & Feck Development Corp.
(Kozlowski / Annino) PASSES 4:0
• Consideration of Application for 2014 Drainlayer's License for Plainville Pump &
Excavating Inc.
Motion: To approve 2014 Drainlayer's License for Plainville Pump & Excavating Inc.
(Kozlowski/Moran) PASSES 3:1 Annino NAY
D. Banner Approval
• Consideration of Banner Application for Rotary Club's Auction on May 16th
Motion: To approve the banner as presented for the Rotary Club's Auction
(Annino/Kozlowski) PASSES 4:0
Mr. Ross followed up on the Chocolate Factory purchase and noted there will be a presentation on
March 26th and the Board has invited both the Finance and School Committees. Mr. Ross has met
with Shaun Burke, Planning, Nick Riccio, Building Police Chief Sellon, Fire Chief Neal
Boldrighini and Lee A_zinheira, DPW to create bullet point ideas for the development agreement
for Chocolate Factory in terms of number of units, uses of the various buildings, parking, any
removal of buildings and will be looking for initial thoughts and feedback from the Planning
Board.
Board Of Selectmen's Meeting March 12, 2014
Page 7 of 8
Mr. Ross explained to the Board that at its meeting on March 19[11 the draft of the Town Meeting
Warrant for the Board to review and then at the meeting of March 26th it will need to be finalized
and signed for posting.
Mr. Ross noted that the owners of 160 -162 North Main received fagade grant years ago from the
Town for $59,700. He explained that there was a condition to that grant that if the property was
sold before 2024 the Town would be reimbursed for that amount. The property is currently being
sold and the Town will be receiving that amount in full where he felt the money could be put back
into that fund and utilized in the downtown business area for sidewalk improvement or the
replacing of banners.
Mr. Ross reported the Town is continuing to put $400,000 towards OPEB and not nearly what it
should be but is what the Town can afford.
Mr. Ross reminded the Board he will be out the end of next week through the weekend and Nick
Riccio will be Actine Town Manager.
Mr. Annino noted at the DBA meeting this morning the Family Fun Night has been scheduled for
July 15th. Mr. Annino reported their discussion focused on the amount vacant store fronts. He felt
the Board needs to recognize this problem and would like to discuss this at a future meeting and set
as a priority. Mr. Annino encouraged residents to frequent downtown.
Chairman Aptowitz reported the Audit Committee voted to accept the June 2013 audits. He
distributed copies and reported the Audit Committee would present to the Board on the March 26th
Chairman Aptowitz is on the Policy Committee for the Labor & Personnel for MMA and attended
a meeting in Boston where topics included OPEB and the Healthcare Connector. He noted the
Committees are working hard to assist city and towns in the Commonwealth.
Chairman Aptowitz noted he is receiving comments concerning the North Common, particularly
the removal of trees. He noted that there is a revitalization plan for the common and there was
meeting with selectmen, beautification and planning and some trees were diseased and removed
but there will be new plantings and a new flag pole will be installed soon.
None.
Motion: To adjourn the BOS meeting at 8:40pm (Kozlowski/Annino) PASSES 4:0
Signature of Clerk OptL ,Zr /wz rtu)5/,l Date of Approval
/Tracey Whalen A� -Hr,9 Oe-r%
Board Of Selectmen's Meeting March 12, 2014
Page 8 of 8