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HomeMy WebLinkAboutBOS MINUTES 3-26-2014Board of Selectmen Minutes March 26, 2014 Mr. Dentino asked for a moment of silence for the two firefighters who lost their lives at a fire on Beacon Street in Boston today. Chairman Aptowitz extended the Board's deepest sympathies and prayers to those families and affected fire department. He hoped there would be no additional losses. Chairman Aptowitz noted that members from the Finance and School Committees are present and posted to participate in tonight's presentation. Representing Chocolate Factory LLC is Russell Barnaby and Bob Palmer who are partners on the recently acquired property at 150 Oakland Street, the Chocolate Factory. Also present is Karissa Schmenke from HallKeene, a real estate and investment management company, to speak about her knowledge of what to expect from the proposed 130 residential units that are proposed. Mr. Barnaby presented a quick documentary video regarding the history of the Chocolate Factory and Chocolate Factory, LLC's plans for its revitalization. Mr. Barnaby noted that in his discussions with numerous departments within Town Hall there were concerns regarding the residential aspect of this project, which includes 130 rental units and its impact to the School System. Mr. Barnaby explained that there will be 5 studios, 70 one bedroom and 55 two bedroom units, which the Chocolate Factory's research has found attract young professionals, commuters and empty nesters. Working off of 2012 numbers he noted that the cost of a new student entering the Mansfield School System would be $11,600 per student. Through their research Mr. Barnaby felt the units would add approximately 8 — 15 students to the system. Ms. Schmenke reported that Hall Keene Management manages quite a few of these loft buildings and based on fair housing (marketing to all demographics) it is their experience, based on design and finishes, that these types of loft buildings attract young professionals and empty nesters. She explained this is due to a much more open floor plan, solid surface floors and features that don't typically attract young families. She noted there has been a large shift in demographics in apartment communities across the country where in the past 50 years these communities attracted young, married couples with children and now there is less than 25% of those renters are in that demographic. She reported that the growing demographic for this type of community is married couples with no children, professionals and empty nesters. She emphasized that they would welcome anyone interested in the project but that the demographics of the industry and demographics of this particular project dictate that it likely will not attract a lot of families with children. Board Of Selectmen's Meeting March 26, 2014 Page I of 9 Ms. Schmenke referenced a study by the National Multi- Family Housing Council, which found that units where residents were earning 120% AIM, a very likely candidate for this project, that among those demographics you are looking at 12 children per 100 households. The Chocolate Factory project is basing their numbers on the 55 two bedroom units projected to be available as it would be highly unlikely for a studio or one bedroom. Ms. Schmenke felt the impact on the schools would be minimal. Chocolate Factory, LLC will continue to update the Town regarding any new research and felt confident in their numbers. Mr. Barnaby moved on to report on the impact to Public Safety (police, fire, ambulance and public safety support departments) and estimated two people per dwelling for a total of 260 residents. They used a per capita cost of $513.74 per person for a projected total potential cost of $133,573. Mr. Barnaby noted this would be a 16 month construction job, bringing $25 million into the local community and it is the belief of the Chocolate Factory's general contractor that this project will lead to about 200 jobs. Mr. Barnaby reported that it is their belief that the project will put about $38 million into the local economy (he referenced building permit fees). Mr. Barnaby explained that in looking at tax and fee revenues (antidotal) — lie suggested that in assigning a value based on income and using a cap rate or multiplier (7.5 %) the property tax for a fully stabilized residential project may yield a fair market value — first year stabilization of $30 -$31. He furthered his point by applying the residential tax rate ($15.22) which gained an additional $450,000 per year. Mr. Barnaby stated the net benefit to the economy is approximately $200,000 (at the least) and that includes the worst case scenario for increase in school children, the use on a per capita basis of $500 plus for fire, police, ambulance /administrative services and net up charge to the Town. Chocolate Factory, LLC would also like to look further into traffic, parking and a possible shuttle service from the complex to aid with traffic. Mr. Barnaby stated he hears Mansfield's concerns and does not have all of the answers yet but felt they have enough information to believe this will be, based on a fiscal analysis, a positive for the Town. To sum up Mr. Barnaby reported it is a $38 million project where they are borrowing $21 million and raising about $11413 million in historic tax credits (both Federal and State). He felt this project states that, "Mansfield does it right." Mr. Palmer noted they are excited about the layout of the building and potential use as a mixed used structure as it offers an enormous amount of flexibility and referenced the acreage, outbuildings and central building. The goal is to maximize the efficiency as a mixed use project and that the Town is happy. Mr. Kozlowski inquired as to the commercial and light industrial usage of the property and its projected location. Mr. Barnaby noted that if the mixed use was approved that any subsequent phasing would be commercial and industrial and would be important for the creation for jobs. Mr. Barnaby and his team through brainstorming came up with some starting points for possible usages, which included: building at the front of the property to be developed as professional offices (medical building), to pursue a type of brewery on the property to be located at the stone building (Butler) and envision a restaurant /function facility but was unsure if it warranted retail space. Mr. Barnaby noted the breakdown of the property is expected to be about 160,000 — 170,000 square feet would be residential space and approximately 40,000- 60,000 square feet designated for commercial /industrial use. He also noted that there have been thoughts about a type of indoor sports facility but felt they are in no rush to do anything until the study of highest and best usage of the property is completed. Mr. Kozlowski reported that the Town currently does not Board Of Selectmen's Meeting March 26, 2014 Page 2 of 9 have any alcohol licenses available but that there is a Horne Rule Petition for the residents to vote on regarding additional alcohol licenses. Mr. Annino would be interested to hear the entire master plan of the site is and stated he would be hard pressed to approve the project in phases. Mr. Annino felt that the Chocolate Factory, LLC needed to be more forthcoming in their plans for the site. Mr. Barnaby noted that 80% of total gross footage would be designated to proposed residential space and the remaining 20% would be proposed commercial. He stated that all Town officials will be involved in decision making of the usage of space in regards to the land. Mr. Annino is asking for Chocolate Factory LLC's vision in the form of a site plan. Mr. Ross pointed out that to the area to the north of the property there are limitations regarding two water mains with easements which will have significant impact on the ability to actually build new facilities in that area. Mr. Dentino asked why Chocolate Factory LLC was projecting $11 -$13 million in tax credits and was that due to the historic nature or the TOD. Mr. Barnaby reported it had nothing to do with the TOD but was due to the statue for reuse of historic structures (both on Federal and State sides) and is specific to those buildings that are historically significant or on the national register. Mr. Palmer noted they are focusing on the main and stone buildings for the tax credits. Mr. Dentino asked if the main building and its structure /fagade would remain the same and Mr. Burnaby and Mr. Palmer both reported yes but noted the interior would be gutted and rehabbed, renewing all surfaces on the interior. Mr. Dentino felt the good of the community will come out of this project and felt it will be a good working partnership as long as there are controlled discussions along the way. Kiera O'Neil, Chair of the School Committee, stated the School Committee appreciated all the analysis work that was done on the Mansfield School System and asked if the 8 -12 projected additional school children reflected what they see in their current properties and research. Ms. Schmenke stated the comps and demographics used are her current properties and some competitors but indicated it is tough to find a comp with such a great school system and that she is still looking for one skewed to studios and one bedrooms, which is what this project is. Steve Schoonveld, Vice Chair of the Finance Committee, stated that going from $4 million to $40 million in property value in five years is pretty astounding and asked from a tax basis point if the Chocolate Factory LLC has looked at what is the gain over those four - five years. Mr. Barnaby noted it is a 16 month construction project and in terms of value, the current being $2,126,000, and believed there has been a reduction in assessed value of the building since its closure. He noted the tax revenue is about $50,000 and the scenario is if they use an income approach to the fair market value of the property, if they were refinancing or selling the property, they would look at an income basis with a cap multiplier. Walter Wilk, Chair, Finance Committee, stated if the property is looked at from a cap rate point of view, if they broke the units out and sold individually it would get to the number of $40 million but since the units are rental the actual assessed value will be a lot less. He also asked if there is a game plan if this is not approved at Town Meeting to which Mr. Ross reported no, not at this point. Chairman Aptowitz explained if this rezoning was not approved at Town Meeting the owner could sell privately with the current zoning. Mr. Wilk is concerned that it is a stranded asset for not just the owner but for the Town as well in terms of functionality. Mr. Barnaby noted that he found out about this property from a demolition company. Board Of selectmen's Meeting March 26, 2014 Page 3 of 9 Mr. Schoonveld asked Chocolate Factory LLC to rum a few scenarios for the Finance Committee: 1) use the upper max of 50 additional students, 2) AIM average household $250,000 additional to Mansfield community which is about $37 a week. Mr. Schoonveld felt that was too conservative and if the number could possibly be doubled. Mr. Wilk noted as this was presented last year at Town Meeting there was not a solid plan in place as Mr. Barnaby and Mr. Palmer just presented and the discussion was all over the place. Mr. Wilk felt the $400,000 in permits this project would generate should be earmarked for roads. He noted the Committee isjust trying to get a handle on the project. Mr. Barnaby noted that additional work in the area of how can they best predict what the net increase would be to the Mansfield School System and also to submit a more specified Master Plan as suggested by Mr. Annino. He appreciated that the Town worked in the "worst case" scenario. Mr. Barnaby noted he is in discussions with a few investors. Mr. Wilk felt it was a great presentation and hit on all the major points and explained to Mr. Barnaby and Mr. Palmer that it is their job to ensure there are no surprises down the road and that the discussion remains within the lines. The Board has received the Municipal, Electric and Federal audits. He reported that in his meetings with Bob Brown, Auditor, the bottom line of the audits is that the records and books have improved immensely (cash and account receivable reconciliations completed monthly) and all issues identified (computers in water /sewer) in the past have been resolved or have been improved upon and heading in the right direction. Chairman Aptowitz commended John Stanbrook, Finance Director, and his staff for their hard work. Mr. Dentino was expecting more in terms of the Management Letter to which Mr. Ross added there was not much for the auditor to comment on in regards to the Management Letter issues as the Town addressed any issues from previous Management Letters immediately and brought them into compliance. Motion: To accept the Municipal, Electric and Federal Grant Audits (Kozlowski /Annino) PASSES 5:0 Mr. Ross reported there is a two -step process to the Warrant. The first is the Board is reviewing the Warrant as the Agenda for Town Meeting and it is the Board's obligation under law to review the Agenda where it has the ability to say if an Article should be removed with the exception of the Financial Articles. Secondly, Mr. Ross noted that policy, whether the Board supports an Article specifically or not, is to follow later in April, prior to Town Meeting, where it is reviewed in detail. Chairman Aptowitz would like to first discuss the Article proposed by Police Chief Sellon regarding a Sex Offender Residency and Safety Zone By -Law. Chief Sellon reported this Article provides a buffer zone of 1,000 feet within a certain number of enumerated locations within the community that would apply only to Level 2 and Level 3 offenders. He noted that this could not be Board Of Selectmen's Meeting March 26, 2014 Page 4 of 9 utilized retroactively to current residences but would apply moving forward. Chief Sellon explained that all Level 2 and 3 sex offenders (moderate to high risk as to a repeat offence per the State Sex Offender Registry Board — 7 member Board appointed by the Governor) would be limited to locations within the community where they could reside: 1,000 feet from schools, parks, pre- schools thus providing a protective zone. It is an effort to further safeguard children, at risk adults and the elderly. As another point of reference Chief Sellon noted they are working with other communities in terms of compliance checks. Chairman Aptowitz thanked Chief Sellon for his clarification and reiterated the Board is not taking a position on any Articles this evening. Mr. Ross suggested a discussion regarding the creation of the Economic Development Committee and the Planning Board's Article regarding the elimination of Residential Compounds. Mr. Ross informed the Board with complete disclosure that he owns a home on a residential compound and is concerned that if residential compounds are eliminated would that make his home and all others residing on residential compounds existing nonconforming use. The answer he received from both the Planning Department and Nick Riccio was yes. Mr. Ross would defer to Town Counsel if that would then affect the value of the home. Chairman Aptowitz noted if the By -Law is changed it should not affect homes currently classified in a residential compound but going forward. The Chairman would like to hear more about this Article from the Planning Board, Mr. Ross informed the Board that there was one particular property where there were complaints and dissention among neighbors and also that the Town was fielding complaints about streets not being plowed but that was due to it not being a public street. Chairman Aptowitz noted that it was up to homeowners to be educated when they are purchasing on a residential compound. Mr. Kozlowski noted an additional concern is many of these residential compounds "streets" do not meet the Town's specifications. Mr. Annino noted that he was on the Planning Board when the By -Law was initially created and the idea behind it was to create nicer developments with smaller houses and more affordable and provide diversity. Mr. Moran is wary of the Article and would like to hear more from the Planning Board. John Stanbrook, Finance Director, referenced that there is an editorial change to Article 20 — Transit Oriented Development. Mr. Kozlowski is concerned that some aspects of the Article are vague and he is not entirely comfortable with (locally grown produce, sharing of parking spaces). Mr. Annino stated this is an important Article and he would like to hear more from the Planning Board and suggested a possible workshop. Mr. Kozlowski felt the same way about the Article regarding the creation of the Economic Development Corporation where he would like to have more information. Mr. Kozlowski is troubled with Article 34, which grants the Town to sell, lease or transfer easements to the MBTA for ramps where the Town may prefer to have the overpass. Mr. Kozlowski is open to not having this on the Warrant and wondered if there was time to perhaps negotiate. Chairman Aptowitz noted that would not happen. Mr. Kozlowski stated that if the easement was taken by eminent domain the "T" would have to compensate the Town and asked if this Article were to pass at Town Meeting what does the Town get for the easement to which Mr. Ross stated very little - $1. Motion: To remove Article 34 from the Warrant (Kozlowski / Annino) Discussion: Board Of Selectmen's Meeting March 26, 2014 Page 5 of 9 Mr. Kozlowski inquired about the downside. Mr. Ross explained that this is a Board of Selectmen sponsored Article and came from staff because the T is working on it and it is not the Town's place to say it won't put it on the Warrant. Mr. DeRensis explained that the Article only authorizes and does not require. He noted that at the end of the day the Town can always work something out BUT it will not happen if the Article is removed. Mr. DeRensis read the Article and stated there is nothing that mandates it or states that there will be no money paid. Mr. Kozlowski noted this is an issue that had come up at a previous Town Meeting of "authorizing" not "mandating ". Mr. Kozlowski understands Mr. DeRensis' point. Mr. Ross added that politically it would be appropriate to have the ability to negotiate further on that easement in the Town's pocket rather than just to say to the T to take it and go through the courts to get there. Mr. Dentino felt the "cleanest" way to do this is to let it go to the Townspeople. Motion: To remove Article 34 from the Warrant (Kozlowski /Annino) FAILS 0:5 Chairman Aptowitz would like to briefly discuss the Article 30 regarding acquiring additional alcohol licenses through Home Rule Petition. He noted that in initial discussions there were three pieces voted on (number of licenses, types of licenses and target areas) where votes were split. He understands that at Town Meeting it is an all or nothing vote and is struggling with that because in his opinion the downtown area does not need additional licenses and is firm on that. Mr. DeRensis stated the Article is structured with a series of subparagraphs that really do set up a sub -menu so that at Town Meeting anyone could get up and ask to remove a piece. He noted the only other option is to have separate Articles for each piece. Mr. Kozlowski noted that if someone wanted to add unrestricted licenses that could be done as well. Mr. Ross noted an error has been found in Article 38 in regards to the number of parcels. The actual number of parcels should be two (2). It was Mr. DeRensis' recommendation that a motion be made and to swap the pages after the correction is made. Motion: In Article 38 change the parcel number from four (4) to two (2) and replace the Warrant with the corrected page (Dentin /Annino) PASSES 5:0 Chairman Aptowitz noted that the Board will vote on all of the Articles subsequent to the vote taken by the Finance Committee. Mr. Kozlowski inquired as to if there are substantive changes to an Article (for example TOD) if an amendment would be needed on the floor. Mr. DeRensis explained to the Board that the law is the Board can only reduce the scope of an Article that is zoning and the Attorney General will throw out anything that expands or changes. Mr. DeRensis suggested that zoning requires more homework before it is put on the Warrant and that after the Warrant is issued the extent to make changes at Town Meeting is restricted and each change would have to be looked at. He stated that if there are serious questions about a zoning Article it should be answered prior to signing the Warrant. Chairman Aptowitz has questions for both the Planning Board and the Zoning Board of Appeals but stated they are not in attendance and are the experts. Mr. Annino stated it is important for the Board to understand the Article. Mr. Ross noted the Planning Board spent a great deal of time on the TOD and felt it would be wise to ask them the meaning. Chairman Aptowitz did not feel it was fair to edit another boards Article. Mr. Kozlowski had a follow up question regarding the airport redevelopment where it referenced a separate document and if that was legal to which Mr. DeRensis stated that if we were starting over we would not incorporate another document and that Mr. Kozlowski's analysis is correct. He went on to say that the whole By -Law is replete with regard to the airport to references in numerous places to the Master Plan Document so to try and change it in this Article wouldn't accomplish any Board Of Selectmen's Meeting March 26, 2014 Page 6 of 9 improvement because it is imbedded in other parts of the By -Law. Mr. Ross noted they are intense documents where the FAA has standards for those that they want to see. Motion: To accept the Warrant as presented and authorize signing the Warrant for posting (Annino/Dentino) PASSES 5:0 Mr. Ross reported that an error has been found in the calculations of health insurance where adjustments needed to be made. Mr. Ross stated it appears that some employees were missed on the School side totaling approximately $50,000. Mr. Ross and Mr. Stanbrook felt the Town is still in pretty good shape where the figure is now $98,000. Mr. Ross commended the cooperation with the School Department, None A. Review and Approval of Minutes of Meetings • Board of Selectmen Minutes March 5, 2014 Motion: To approve the Board of Selectmen Minutes for March 5, 2014 (Annino/Kozlowski) PASSES 5:0 B. Approval of Warrants Town Vendor Warrant No. 14O39T $174,333.60 Motion: To approve Town Vendor Warrant No. 14039T $174,333.60 (Kozlowski /Annino) PASSES 4:0:1 Aptowitz ABSTAIN School Department Vendor Warrant No. 140395 $790.42 Motion: To approve School Vendor Warrant No. 140395 $790.42 (Kozlowski /Annino) PASSES 5:0 Town Payroll Town Medicaid Payroll Warrant No. 14039PT $277,571.66 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14039PT $277,571.66 (Kozlowski /Annino) PASSES 4:1 Dentino NAY Town Deductions Vendor Payroll Warrant No. 14039TV $85,129.16 Motion: To approve Town Deductions Vendor Payroll Warrant No. 14039TV $85,129.16 (Kozlowski /Annino) PASSES 4:0 School Payroll /School Medicaid Payroll Warrant No. 14039PS $1,492,740.59 Motion: To approve School Payroll /School Medicaid Payroll Warrant No. 140395 $1,492,740.59 (Kozlowski/Dentino) PASSES 4:1 Annino NAY School Deductions Vendor Payroll Warrant No. 14039SV $498,830.30 Motion: To approve School Deductions Vendor Payroll Warrant No. 14039SV $498,830.30 (Kozlowski /Annino) PASSES 5:0 C. Reappointments • Consideration of Reappointment of Mike Ahern as Conservation Constable Motion: To approve Mike Ahern to a three year term as Conservation Constable to expire December 31, 2017 Discussion: Mr. Dentin asked if that position carried a stipend to which Chairman Aptowitz was unsure and would follow up (Kozlowski /Annino) PASSES 5:0 D. Licenses and Permits • Consideration of Hackney Applications For Veterans Taxi o Kevin Davis Board Of Selectmen's Meeting March 26, 2014 Page 7 of 9 Motion: To approve a Hackney Driver's License for Kevin Davis with Veterans Taxi to expire March 31, 2015 (Kozlowski /Annino) PASSES 5:0 o Mark Parisi Motion: To approve a Hackney Driver's License for Mark Parisi with Veterans Taxi to expire March 31, 2015 (Kozlowski /Annino) PASSES 5:0 o Issa Jichi Motion: To approve a Hackney Driver's License for Issa Jichi with Veterans Taxi to expire March 31, 2015 (Kozlowski /Annino) PASSES 5:0 o Wayne Demers Motion: To approve a Hackney Driver's License for Wayne Demers with Veterans Taxi to expire March 31, 2015 (Kozlowski /Annino) PASSES 5:0 Consideration of Hackney Carriage Application for Veterans Taxi o Vehicle #5 2003 Mercury Sedan o Vehicle #16 2003 Dodge Van o Vehicle #22 2006 Mercury Van o Vehicle #27 2005 Ford Van o Vehicle #30 2004 Ford Van o Vehicle #31 Ford Sedan Motion: To approve a Hackney Carriage License for Veterans Tax for the above list of vehicles (Moran/Armino) PASSES 5:0 E. Event Approval Consideration of the Mansfield Elks Annual Spring Carnival at the Xfinity Center o Approval of Entertainment License for the Mansfield Elks Annual Spring Carnival Motion: To approve the Entertainment License for the Mansfield Elks Annual Spring Carnival May 1- May 4 at the Xfinity Center subject to the conditions noted by Public Safety and the Board of Health (Amino /Dentin) PASSES 5:0 o Approval of the Banner Motion: To approve the Banner for the Mansfield Elks Spring Carnival (Annino /Moran) PASSES 5:0 o To Permit Fireworks Display Motion: To approve the Fire Works Display approved permit from the State Fire Marshall (Annino/Moran) PASSES 5:0 o Fee Waiver Request on Saturday, May 3`d subject to an and the Mansfield Fire Department Motion: To waive the Town portion of fees associated with the Mansfield Elks Spring Carnival (Annino/Dentino) PASSES 5:0 Mr. Dentino would like Ms. Whalen to follow up as well on the status of an Electric Mr. Ross distributed to the Board information requested at a previous meeting regarding a legal cost analysis of fees for Deutsche Williams. This information was distributed via email earlier in the week. Mr. Ross reported that a portion of the Qualters Middle School roof blew off today in the western portion of the building. Several members of Mr. Ross' staff inspected the area with him earlier including Mike Ahern, Nick Riccio, Lee Azinheira, Neal Boldrighini as well as Brenda Hodges, Ed Vozzella, Bob LaConte and Chairman Aptowitz. Arrangements have been made with a roofing company (under contract with the Town) to place the roof back temporarily and weather proof the Board Of Selectmen's Meeting March 26, 2014 Page 8 of 9 area. There will be classes tomorrow as the building is safe and not structurally compromised. Mr. Ross reported the insurance company has been notified. Mr. Moran noted he will be in attendance at the April 9 "' meeting and thanked the Board for accommodating him while he is traveling for business. Mr. Kozlowski noted there will be an Xfinity Center license meeting Friday morning, March 28t1i. Mr. Kozlowski asked that the minutes from the previous meeting be circulated to the Board. Mr. Ross stated the minutes would need to be approved first then circulated. Mr. Kozlowski noted they will be reviewing and approving the Emergency Manual which is not a public document. Mr. Kozlowski was stunned by the judge's order in the Justina Pelletier case. He explained this is a dispute over medical care and felt the public needed to be advised and provided guidelines as to how to handle a situation like this. This case hits home with Mr. Kozlowski as he has a daughter with autism. Mr. Dentino has informed the Board that he has been subpoenaed in the Penney Case, which is going to trial April 7 "i. Mr. Dentino is asking the Board for separate counsel and has asked this of the Board before. As this has not been scheduled on the Agenda for this meeting the discussion of the Board involved weather it could vote on this topic. Due to the timing of the Board's next meeting, the date of the trial and the privacy needed as this is a legal matter against the Town, it was decided to schedule an Executive Session for Monday, March 3151 at 6:00pm. Mr. Kozlowski asked that Town Counsel be present for this meeting if the Board has any questions to which Mr. Ross will follow up to see if that is appropriate and to schedule. Chairman Aptowitz asked with the warmer weather coming could the North Common Flag Pole installation be scheduled. Chairman Aptowitz complemented the quickness and work accomplished by the Town regarding the Qualters School roof earlier in the day. None. Motion: To adjourn the BOS meeting at 9:49pm (Kozlowski /Annino) PASSES 5:0 l Si nature of Clerk /Tracey Whalen Board Of Selectmen's Meeting March 26, 2014 Page 9 of 9 Date of Approval Spa C