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HomeMy WebLinkAboutBOS MINUTES 4-23-2014Board of Selectmen Minutes April 23, 2014 Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George Dentino, Olivier Kozlowski and William Ross: Town Manager Chairman Aptowitz called the meeting to order. Chairman Aptowitz reminded that this meeting is being broadcast live by Mansfield Cable Access and taped for future broadcast. to work with the Town of Mansfield particularly Mr. Ross and this Board for the past four years. Chairman Aptowitz noted that the current agreement with Mr. DeRensis' firm will lapse June 30, 2014, Mr. Kozlowski asked what the initial period of the contract was to which Mr. Ross noted the initial contract was a three year contract where the extension was not caught in time last year therefore the Town renewed for one year with an expiration of June 30, 2014. Mr. Ross informed the Board at a previous meeting that this would come up for discussion. Mr. Annino asked what the terms of the new contract would be. Mr. DeRensis stated that there would be an increase of $5 per hour on the hourly rate but that the retainer fee would remain the same. Mr. Annino noted he has been pleased with the direction that Counsel has steered the Town and felt the fees to be fair. He noted he holds Mr. DeRensis in high regard. Mr. Dentine noted it has been a pleasure since day one. He asked if Mr. DeRensis has allowed a raise for himself since his fees have not increased in the past four years. Mr. DeRensis responded he is content and that the Town has been a pleasure to work with. Mr. Ross commended Mr. DeRensis' support staff as outstanding and gave examples of the work on the property transfer for the Wastewater Agreement as well as the help with Copeland Drive and bringing the Conservation Commission's regulations into compliance. Mr. Moran asked if Mr. DeRensis would be comfortable with a two year agreement with a renewal built -in to which Mr. DeRensis was fine with. Mr. Kozlowski asked if Town Meeting approval would be needed for a specified number of years to which Mr. Ross reported anything over three years. Motion: To enter into a two year contract with a one year option to extend with Deutsch Williams Brooks DeRensis & Holland, P.C. with the retainer fee to remain at $4,500 and an additional $5 hourly litigation fee (Kozlowski / Annino) withdraw motion Kozlowski Motion: To enter into a three year contact with Deutsch Williams Brooks DeRensis & Holland, P.C. with the retainer fee to remain at $4,500 per month for all three years and with the first year an additional $5 hourly litigation fee and the flexibility to negotiate the hourly litigation fee for the remaining two years (Aptowitz/Kozlowski) PASSES 5:0 Board Of Selectmen's Meeting April 23, 2014 Page I of 9 This evening's meeting began with this discussion at 7:04pm. In terms of Article 12, Motion 7 Chairman Aptowitz had asked for further clarification of the Replace/Equip Vehicle #58 as well as the Water Meter Readers. Mr. Ross explained that Vehicle #58 is for plowing which gets a lot of abuse and the Town is proposing to replace that with a four wheel drive vehicle off of the State bid. Mr. Ross noted this has been reviewed by the Capital Improvement Committee as well as the Finance Committee. Mr. Moran noted that both Committees had signed off on this expenditure prior to last week's Board of Selectmen's meeting. Chairman Aptowitz noted he was questioning the type of vehicle. In regards to the question of the Water Meter Readers, Mr. Ross explained it is the beginning of a five year program to replace water meter readers as the existing units were installed in 2002 (12 years ago) and the industry standard is for the readers to be replaced after ten years as they begin to slow down. Mr. Ross stated the purpose is to maintain the integrity of the water meter reading program. Motion: To reconsider the vote of Article 12, Motion 7 (Kozlowski /Moran) PASSES 3:1 Dentino (NAY) Motion: To support Article 12, Motion 7 as written (Moran/Kozlowski) PASSES 3:1 Dentino (NAY) With respect to Article 19, for a new DPW Facility, Chairman Aptowitz noted that the Board has been reviewing an analysis by the Finance Director, John Stanbrook, and wanted to be clear, based on the last analysis he saw, that the proposed $13 million price tag would have no additional negative tax burden to the tax payers. Mr. Stanbrook stated there would be no additional debt exclusion tax burden to the tax payers. The Chairman stated there are tax increases of some type every year and asked if the debt coming off the books will at least or more than offset this additional debt to which Mr. Stanbrook stated yes. Chairman Aptowitz wanted to be sure that the residents understood that this proposed facility would not have a negative impact on their pocketbook. Mr. Kozlowski stated the confusion from last week's meeting came from Mr. Stanbrook answering yes to the taxes increasing but was including taxes attributable to Prop 2 1/2, normal household expenses and growth. Mr. Annino arrived at this portion of the meeting 7:13pm. Mr. Moran stated that if the Town does not move forward with this the Town is looking to put 22% — 30% of the value of decrepit buildings into maintenance, which he stated could easily be a couple million dollars. He noted the DPW facility is a building that has outlived its useful life and is barely standing leading to about 22% of the value of $800,000 just to make it serviceable today let alone in five years. Mr. Ross noted it would take $650,000 — $700,000 to bring the Highway Garage up to reasonable level of repair and modernize some of the equipment but noted it does not take into account bringing equipment inside and providing decent working conditions. He noted 20 years ago the Town spent money building schools and remodeling buildings, which will be paid off in the next couple of years. Mr. Ross felt these are the next opportunities to modernize and become more Board Of Selectmen's Meeting April 23, 2014 Page 2 of 9 efficient with our municipal duties and operations, which was number one on the list for the Strategic Plan in the planning process. Mr. Moran stated this is the first domino to fall in the series of plan improvement and this is the window to act as the debt is falling off. Mr. Moran felt the Town would lose an important opportunity if it did not act. Mr. Annino stated that his comments at last week's meeting focused on the cost and discounted the fact that the Town needs a new facility. He felt it would take Town staff and the Building Committee time to come up with the exact specs and he would look to them to come in under the $13 million. Mr. Annino recognized the need for that structure and agreed with Mr. Moran as it is the first domino to fall. Chairman Aptowitz noted that he has come away from meetings with promises that this proposed building will be a functional, well -built facility that will have a useful life and handles the needs of the Town. He stated that everything is expensive these days but now is the window and the Town could regret not taking this opportunity. Mr. Kozlowski stated the staff in place needs to analyze each of these projects on their own merits and their costs and impact. Mr. Moran felt that having a bold, ambitious plan is why the Board exists. Mr. Kozlowski noted the importance of living within our means. Mr. Dentino noted that he recognizes that the Town is in need of a lot of capital expenditures to bring the Town's infrastructure back and that money will need to be borrowed. Upon review of the debt exclusion analysis provided by Mr. Ross and Mr. Stanbrook Mr. Dentino stated it was as good as the Town could do as far as maintaining levels. He noted this has all been carefully scrutinized by Mr. Stanbrook and the Finance Committee. Mr. Dentino did state that this would have to be the focus for the next few years as the Town cannot continue to take that money out of Free Cash. Chairman Aptowitz explained to the Board that the in terms of Free Cash from FYI 3, which is in line with the Finance Committee's direction, there was an allocation of $250,000 to go into Stabilization. Mr. Ross noted the goal is to get the Stabilization Fund to $4 million in the next couple of years. Mr. Ross noted the $13.6 million price tag is a ceiling and he does not intend for the Town to hit that ceiling and felt the history on previous projects has shown that and referenced water and electric projects as well as the new telephone system. Mr. Dentino asked if it is so important to move the equipment indoors for protection with this new facility, how many of the vehicles that are taken home by personnel are garaged. Mr. Ross was unsure. Chairman Aptowitz wanted to inform the residents that there is a plan to work on the Town's roads as there is millions set aside in this next budget for road repairs. Motion: To support Article 19 (Moran/Annino) PASSES 5:0 Recommendations from the Finance Committee were sent to the Board in their weekly packets. The Board began reviewing the remaining Town Meeting Articles: Board Of selectmen's Meeting April 23, 2014 Page 3 of 9 Article 20: Transit Oriented Development Motion: To support Article 20 as written (Moran/Annino) PASSES 3:2 Dentino, Kozlowski NAY Article 21: Adaptive Reuse of Historic Structures Motion: To support Article 21 as written (Moran/Kozlowski) PASSES 5:0 Article 22: Residential Facilities for Residents 55 Years Or Older in the R -Zone If Owned and Managed by Religious Based Non - Profit Entities Mr. Ross understood the Planning Board is recommending that the motion include "By Special Permit Only ". Motion: To support Article 22 (Moran/Kozlowski) Discussion: Mr. Kozlowski understands this was drafted with a specific situation in mind and the concern with that are the unintended consequences and where could that happen. He asked if that has been examined. Mr. Ross noted that the St. Mary's area would be the only other location that would associate with this Article. Mr. Annino asked who wrote the Article to which Mr. Ross noted himself and Shaun Burke. Mr. Annino asked would this effectively take apartments off the tax roll to which Mr. Ross reported no and explained that if a church rents space for a taxable purpose (enterprise) that portion of the property becomes taxable. Chairman Aptowitz noted he lives in the subdivision which abuts this property. Mr. Moran asked if the motion would be amended on the floor at Town Meeting to include the special permitting process to which Mr. Ross stated yes. Motion: To support the amended Article 22 with language including special permitting process (Moran/Kozlowski) PASSES 4:0:1 Aptowitz ABSTAIN Article 23: Amend Zoning By -Law To Create Business 4 — Gateway Business Motion: To support Article 23 (Moran/Kozlowski) PASSES 5:0 Article 24: Medical Marijuana Dispensary Chairman Aptowitz explained that the Town must set up an area for a dispensary. Mr. Moran furthered that this is a method for the Town to control where the facility could be located. Mr. Kozlowski asked where the proposed site would be to which Mr. Ross noted in the industrial park with a special permit. Mr. Kozlowski questioned if retail use was permitted in the industrial park. Mr. Ross referenced the retail requirement within the industrial park of 1,000 feet from residential zone and residential use, 1,200 feet from public /private schools and 1,200 feet from daycare. Mr. Moran noted that it is a two -fold Article where pail of the Article creates the "planned business district for the location of.." Mr. Ross referenced a few years ago when every community was required to have an adult entertainment zone but not as far reaching. Mr. Kozlowski's point is the Town would be creating a district under the zoning but no one could use because all of the buildings in the area prohibit what this would be. Motion: To support Article 24 as written (Moran/Kozlowski) PASSES 4:1 Kozlowski NAY Article 25: Airport Master Plan Zoning Motion: To support Article 25 as written (Moran/Kozlowski) Discussion: Mr. Dentino asked for a synopsis of this Article. Mr. Ross explained the purpose of the change is to bring into compliance some of the activities at the Airport and proposed activities, ie flight instruction and a possible new restaurant, craft store to increase revenues. Motion: To support Article 25 as written (MoraiVKozlowski) PASSES 5:0 Board Of Selectmen's Meeting April 23, 2014 Page 4 of 9 Article 26: Zoning By -Law Amendment for Minor Encroachments Into Required Residential Setbacks Motion: To support Article 26 as written (Moran/Kozlowski) Discussion: Mr. Dentine felt that abutters should have the right to challenge. Mr. Ross felt this Article is meant to be helpful for those older neighborhoods. Mr. Dentine, felt there should be a public hearing in each case. Mr. Kozlowski was comfortable given the definitions were from three — six feet. Motion: To support Article 26 as written (Moran/Kozlowski) PASSES 4:1 Dentino NAY Article 27: Removal of Residential Compounds Motion: To support Article 27 as written (Moran/Annino) Discussion: Mr. Moran noted when the Planning Board was before the Board they had discussed language of grandfathering existing residential compounds but noted that does not appear to have happened. Mr. Moran did not feel the Board should support with the current language and Chairman Aptowitz agreed. Mr. Dentino does not have a problem with the existing compounds. Motion: To support Article 27 as written (Moran/Annino) FAILS 0:5 Article 28: Confirmatory Activity Mr. Ross explained this is to finalize the clean -up of the property where the Electric Department stored poles, transformers, ect. I-Ie noted there was some paperwork missed and not recorded properly. The Department of Environmental Protection audit noted the confirmatory activity would need to be approved at Town Meeting and that the Town Manager could authorize. He noted the clean -up has been completed and everything there is in order. Motion: To support Article 28 as written (Moran/Kozlowski) PASSES 5:0 Article 29: Acquisition of Easement Rights at Copeland Road for Construction of Underground Facilities Mr. Ross noted that authorization to acquire the right of way was approved last year but there was no appropriation for damages associated with it. Since that time and in speaking with adjacent property owners it became apparent that appraisals needed to be done, which have been completed, and there needed to be a cash payment. This has been recommended by Town Counsel and advised that the Electric Board would still need to review payment. Motion: To support Article 29 as written (Moran/Kozlowski) Discussion Mr. Kozlowski asked if there was a figure for the payment to which Mr. Ross was unsure and would be in the motion by parcel. Mr. Kozlowski asked if there was a ballpark to which Mr. Ross noted from Maple Avenue to East Street and in the range of a few thousand dollars. Mr. Kozlowski was hesitant to vote. As there is an Electric Commission meeting on Monday, April 30t" This Article was Tabled. Article 30: Home Rule Petition Additional Alcohol Licenses Motion: To support Article 30 as written (Moran/Kozlowski) Discussion: Chairman Aptowitz noted that on Article 20 (TOD) the Board voted 3:2 (in favor) and was confused as to Mr. Kozlowski's vote as he voted against TOD but wanted specific licenses for that area. Mr. Kozlowski did not support TOD for other issues but strongly believed for that area to Board Of selectmen's Meeting April 23, 2014 Page 5 of 9 have redevelopment and felt that additional alcohol licenses could assist with that and stated again that there should. Motion: To support Article 30 as written (Morarr/Kozlowski) PASSES 5:0 Article 31: Economic Development Motion: To support Article 31 as written (Moran/Kozlowski) Discussion: Mr. Kozlowski stated this all boils down to receiving grants and felt that zoning and infrastructure was in place already and was in favor of the private sector handling these affairs. Chairman Aptowitz noted the Town speaks of revitalization and the Board would ultimately choose this committee where a marketing aspect could also be introduced. Mr. Dentino was concerned with the power with which the EDC would have and found it to be dangerous (buyer /selling property, grants, taking land by eminent domain). Mr. Ross explained that there is a great deal of authority but it must be in line with a plan developed for specific areas and then must go to Town Meeting and receive a two - thirds vote. Mr. Ross also explained that taking any property by eminent domain would result in a separate two - thirds vote at Town Meeting. Mr. Ross noted all these steps required by the EDC are a built -in safeguard mechanism. Mr. Moran stated the Town is in a position where it is managing the budget now but in the near future it will need to grow or cut and this is the tool to do it. Motion: To support Article 31 as written (Moran/Kozlowski) PASSES 3:2 Dentino and Kozlowski NAY Article 32: Allen Street Mr. Ross reported this street was actually dedicated to the Town by special legislative act when the underpass was built in the 50s. A question was raised as to whether it was a public street and research was done which concluded the act was found, it is a public street but was never officially accepted by the Town as a public street. There was a discussion with the MBTA because it runs into their parking lot and eventually into property owned by Foundry, LLC, where the MBTA would like to the street continued because if it was discontinued in the future it would deny access to their parking. There have also been discussions with the owners off Foundry, LLC who brought the situation to light. Motion: To support Article 32 as written (Moran/Kozlowski) PASSES 5:0 Article 33: Sex Offender Residency Motion: To support Article 33 as written (Moran/Kozlowski) PASSES 5:0 Article 34: MBTA Easements Motion: To support Article 34 as written (Moran/Kozlowski) Discussion: Mr. Dentino asked for clarification to which Mr. Ross explained this would allow the MBTA to proceed with construction of ramps on the north side of the underpass on both side of the tracks to provide access for persons with disabilities to both the train station area and parking as the area currently does not meet all of the ADA requirements. Mr. Kozlowski noted this "authorizes" but does not "require ". Mr. Annino asked if Mr. Ross has seen any drawings to which Mr. Ross noted only preliminary drawings. Mr. Ross also noted that he has made it very clear that the Town will not maintain those ramps. Motion: To support Article 34 as written (Moran/Kozlowski) PASSES 4:1 Annino NAY Article 35: Regional Wastewater District Agreement Board Of Selectmen's Meeting April 23, 2014 Page 6 of 9 Motion: To support Article 35 as written (Moran/Kozlowski) PASSES 5:0 Article 36: Sell, Lease, Transfer and Convey to Regional Wastewater District Mansfield Water Pollution Control Facility (Interceptor) Motion: To support Article 36 as written (Moran/Kozlowski) Mr. Ross noted that the interceptor transfer stops just south of the town line. Motion: To support Article 36 as written (Moralr/Kozlowski) PASSES 5:0 Article 37: Access and Drainage Easement (10 Otis Street) Motion: To support Article 37 as written (Moran/Kozlowski) PASSES 5:0 Article 38: Accept Two Parcels of Land Donated By Ship of Fools, LLC Motion: To support Article 38 as written (Moran/Kozlowski) Discussion: Mr. Ross noted it has come to the Town's attention that Ship of Fools has actually sold the parcel located at the Northeast corner of Route 140 and MBTA Northeast corridor and will need to be removed from the Article. The Board noted an amendment to the motion would be needed. Motion: To support Article 38 to only list Map 44, Parcel 809 — adjacent to the Plymouth Street Fields (Moran/Kozlowski) PASSES 5:0 Article 39: Effect Of Military Service Upon Salary or Vacation Allowance of Public Employees Motion: To support Article 39 as written (Moran/Kozlowski) PASSES 5:0 Mr. Ross and Ms. Hodges will be working on a press release. Mr. Ross noted the Finance Committee is pleased with where the Town currently stands. None. A. Review and Approval of Minutes of Meetings • Board of Selectmen Minutes March 26, 2014 Motion: To approve the Board of Selectmen Minutes for March 26, 2014 (Kozlowski /Annino) PASSES 5:0 • Board of Selectmen Minutes April 2, 2014 Motion: To approve the Board of Selectmen Minutes for April 2, 2014 (Kozlowski /Annino) PASSES 4:0:1 Moran ABSTAIN B. Approval of Warrants Town Vendor Warrant No. 14043T $174,840.27 Motion: To approve Town Vendor Warrant No. 14043T $174,840.27 (Kozlowski/Moran) PASSES 5:0 Electric Department Vendor Warrant No. 14043E $26,161.78 Motion: To approve Electric Department Warrant No. 14043E $26,161.78 (Kozlowski/Moran) PASSES 5:0 School Department Vendor Warrant No. 140435 $522.02 Motion: To approve School Department Warrant No. 14043S $522.02 (Kozlowski/Moran) PASSES 5:0 Town Payroll Town Medicaid Payroll Warrant No. 14043PT $311,460.44 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14043PT $311,460.44 (Kozlowski /Annino) PASSES 4:1 Dentino NAY Board Of Selectmen's Meeting April 23, 2014 Page 7 of 9 Town Deductions Vendor Payroll Warrant No. 14043TV $95,838.19 Motion: To approve Town Deductions Vendor Payroll Warrant No. 14043TV $95,838.19 (Kozlowski /Annino) PASSES 5:0 School Payroll /School Medicaid Payroll Warrant No. 14043PS $1,480,091.87 Motion: To approve the School Payroll /School Medicaid Payroll Warrant No. 14043PS $1,480,091.87 (Kozlowski /Dentino) PASSES 4:1 Annino NAY School Deductions Vendor Payroll Warrant No. 14043SV $496,970.67 Motion: To approve School Deductions Vendor Payroll Warrant No. 14043SV $496,970.67 (Kozlowski /Annino) PASSES 5:0 C. License and Permit Approval • Consideration of Hackney Licenses for Veterans Taxi for Ramaswamy Kortagere Motion: To approve Hackney Driver's License for Ramaswamy Kortagere with Veterans Taxi to expire March 31, 2015 (Kozlowski /Annino) PASSES 5:0 • Consideration of Commercial Parking Facility Applications For Rumford, LLC, 888 Main Street, LLC and A -C Intermediate Co. Motion: To approve Commercial Parking Facility License for Rumford, LLC to expire April 30, 2015 (Kozlowski /Annino) PASSES 5:0 Motion: To approve Commercial Parking Facility License for 888 Main Street, LLC to expire April 30, 2015 (Kozlowski /Annino) PASSES 5:0 Motion: To approve Commercial Parking Facility License for A -C Intermediate Co. to expire April 30, 2015 subject to receipt of Worker's Compensation Cer4ificate (Moran/Kozlowski) PASSES 5:0 D. Events • Consideration of Event Application For Wedding Ceremony On South Common For May 31, 2014 By Christopher Rand Motion: To approve wedding ceremony on South Common for May 31, 2014 (Kozlowski/Dentino) PASSES 5:0 E. Proclamations • Request By Gale Farrugia, Council On Aging, For Volunteer Recognition Day Motion: To sign proclamation (Moran/Dentino) PASSES 5:0 • Proclamation For Boy Scout Troop 17 Eagle Scout Christopher D. McKay Motion: To sign proclamation (Moran/Dentino) PASSES 5:0 F. Correspondence • Invitation From Boy Scout Troop 17 To Attend Ceremony Honoring Newest Eagle Scout Christopher D. McKay e ig OWN Mr. Ross distributed to the Board the 2013 Annual Town Report. Mr. Ross commended Deb Herbert for her efforts with this report. This report will be submitted to the MMA. Mr. Ross distributed to the Board a DRAFT Development Agreement outline for the Chocolate Factory that has been previously discussed. It has been decided to keep it simple at this point until a decision has been made at Town Meeting. From there the Planning Board and Shaun Burke will work to complete the special permitting process. Mr. Ross has received some interesting information through the Mass Interchange Newsletter, notably the process of setting speed limits, which has been a discussion at previous meetings. The Chairman asked if that information could be placed on the Town's website. Board Of Selectmen's Meeting April 23, 2014 Page 8 of 9 Mr. Ross reported that Camden Lane was paved yesterday (April 22nd) and it has been noted by Mike Ahern, Building and Special Projects, that there were no puddles at the handicap ramps. Mr. Kozlowski asked if Mr. Ross would like feedback on the DRAFT Development Agreement prior to Town Meeting to which Mr. Ross noted yes. Mr. Moran noted the efforts of the Finance Committee in regards to this year's budget process and appreciated the role they played and number of man hours put in. Mr. Annino noted that Ms. Herbert did a great job with this year's Town Report — he stated it was the best one ever. Mr. Dentin asked how the Town's streets were doing with the ground up rubberized materials to which Mr. Ross noted all is well but that the Town will need to go back and work on the cul -de -sac areas. Chairman Aptowitz asked what the status of the flag pole was and Mr. Ross noted lie would follow up with Mike Ahern. Chairman Aptowitz wished both Ms. Whalen and Ms. Herbert a happy Administrative Professionals Day and thanked them for their hard work. None. Signature of Clerk /Tracey Whalen Board Of Selectmen's Meeting April 23, 2014 Page 9 of 9 Date of Approval