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HomeMy WebLinkAboutBOS MINUTES 5-21-2014Board of Selectmen Minutes May 21, 2014 Present: Doug Annino, Jess Aptowitz, Frank DelVecchio, George Dentino, Olivier Kozlowski Town Manager William Ross called the meeting to order. Mr. Ross reminded that this meeting is being broadcast live by Mansfield Cable Access and taped for future broadcast. Mr. Ross called for nominations for Chairman to the Board of Selectmen. Motion: Nominate George Dentino as Chairman to the Board of Selectmen (Annino /DelVecchio) PASSES 5:0 Chairman Dentino called for nominations to the Board of Selectmen for Vice Chairman, Motion: Nominate Jess Aptowitz as Vice Chairman to the Board of Selectmen (Annino/Kozlowski) PASSES 5:0 Chairman Dentino called for nominations to the Board of Selectmen for Clerk. Motion: Nominate Doug Annino as Clerk to the Board of Selectmen (Aptowitz/Kozlowski) PASSES 5:0 Chairman Dentin then called for nominations to the Light Commission for Chairman. Motion: Nominate Jess Aptowitz as Chairman to the Light Commission (Annino/Kozlowski) PASSES 5:0 Chairman Dentino then called for nominations to the Light Commission for Vice Chairman. Motion: Nominate Olivier Kozlowski as Vice Chairman to the Light Commission (Annino /Aptowitz) PASSES 5:0 Chairman Dentino then called for nominations to the Light Commission for Clerk. Motion: Nominate Frank Delvecchio as Clerk to the Light Commission (Aptowitz/Annino) PASSES 5:0 Mr. Annino would like to recognize Mr. Aptowitz's outstanding work and efforts over the past year as Chairman of the Board. He felt Mr. Aptowitz to be fair, kept the meetings on track and was appreciative of his efforts. Chairman Dentino also noted a job well done by Mr. Aptowitz and congratulated Mr. DelVecchio on his recent appointment as Selectman and felt him to be a great addition. The Chairman also mentioned Dan Connors, Mike Trowbridge, Kiera O'Neil and Bob Sarquet on their successful appointments and recognized all the candidates who ran great races including Deb Tatum, Steve Schoonveld and Vic Leemon, The NRT would like to invite the Board as well as the public to the dedication of the WWII Veterans Memorial Nature Trail this Saturday (May 241") at 10:00am. He noted it is a secluded walk through nature off the Rails to Trails (between Fruit Sheet to Branch Street). Chairman Dentino asked Mr. Annino to read the Phase I Water Restrictions into the record. Board Of Selectmen's Meeting May 21, 2014 Paget of 8 Mr. Kozlowski asked if this is a State requirement or if it is a necessity of the Town. Mr. Ross explained this is part of the Town's permit to withdraw water from the State and part of that is to implement this Phase I restriction. He further explained the Town takes it as a relatively soft water restriction and does not go out and actively pursue violators. If there is a blatant violation there will first be a reminder. Chairman Dentino asked if there were guidelines available to residents to which Mr. Ross noted if the Board votes to approve the guidelines, they will be posted via social media on the Town's website as well as available at the DPW. Mr. Aptowitz asked with the new wells if some of the restrictions could be removed to which Mr. Ross stated that is up to the DEP, who establishes the restrictions based on the Town's permit. Chairman Dentino would like the Town to meet with the Town of Attleboro to discuss a deal to get the pumping station (off of Balcolm) back in the Town's hands as it has been signed over for numerous years. Mr. Ross would do some research as he was unfamiliar with the background. Motion: To implement Phase I Water Restrictions beginning Monday, June 2id through Monday, September I't (Annino /Aptowitz) PASSES 4:1 Kozlowski NAY Chairman Dentino asked for discussion regarding the Development Agreement for the Chocolate Factory site. Mr. DelVecchio asked if Town Counsel has reviewed the development agreement to which Mr. Ross reported that Counsel prepared the bulk of the agreement. Mr. DelVecchio deferred to Town Officials and the Board's expertise as he felt it did a good job ensuring that the Town's interests were taken into account. Mr. Kozlowski had one minor detail where he noticed in the development plans on page three and the third condition, where he felt it didn't really operate like a 40B as zoning relief is needed and that would go to the Zoning Board of Appeals. Mr. Aptowitz's main concern was in regards to if the Town is protected if, upon completion, the units are not selling at market rate, what would keep the developers from renting at a lower value in order to fill the units. Mr. Ross noted it is difficult to control and would say that the developers are not looking for the type of financing which lends itself to a majority affordable housing complex. Mr. Aptowitz also inquired as to the status of the historical tax credits to which Mr. Ross noted that that is a major portion of the financing but did not anticipate a problem with having the structure placed on the National Historic Register. Finally, Mr. Aptowitz asked if the Town is protected as it can be if there were a problem with the market rate to which Mr. Annino felt the construction costs, placement on the National Register to get tax credits are considerable costs so if the developers are not getting market rate for the units they are in trouble. Mr. Ross noted that the developers are not applying for any of the Section 8 financing and for the Board to understand that the developers still need to complete the special permit process with the Planning Board, which will be extremely picky. Board Of Selectmen's Meeting May 21, 2014 Page 2 of 8 Mr. Annino stated there are no guarantees but was impressed that the Town already has a signed agreement. His one concern was the aggressiveness of the construction schedule and felt the Board would have to keep an eye on that. Mr. Annino asked that the developers come in on a monthly basis with a status of the project. Mr. Ross noted that Russell Burnaby visited the Board's office to request time on a future agenda to give the Board an update. Chairman Dentino was concerned with the mitigation referenced on page three, particularly "unforeseen community impact" language. Mr. Ross explained that it is wide open to interpretation on the Town's part and the way the Town views an "unforeseen community impact ". He felt it is a difficult thing to define on both sides. Chairman Dentino did like the developmental sequence. Mr. Ross noted that Marianne Staples, Town Clerk has already filed with the Attorney General and Department of Revenue all of the items needed to confirm the Town Meeting and the AG has 45 -60 days to respond. He did not anticipate any issues. Mr. Ross noted this is the first development agreement that the Town has entered into and it is an important tool in terms of working with developers in the future to get on paper their promises and intent. He felt this is a learning process and that the he wanted to be sure to create something that did not get in the way of the Planning Board's responsibilities and authority. Motion: To authorize the Town Manager to execute the development agreement (Annino /Aptowitz) PASSES 5:0 The decision regarding the Board's summer schedule was for members to review their schedules as well as important Town events and holidays and report back at next week's Board meeting to set the summer schedule. The Board discussed its sub - committee assignments to which the following was decided: Audit Committee: Jess Aptowitz Bristol County Advisory Board: Jess Aptowitz Budget Sub Committee: Frank Delvecchio and Chairman Dentino Capital Improvement Program: Frank DelVecchio and Chairman Dentino Xfinitv Center Sub - Committee: Doue Annino and Olivier Kozlowski Karl Clemmey, 175 Essex Street, was present before the Board and congratulated Chairman Dentino on his appointment as Chairman as well as congratulating Mr. DelVecchio on his appointment to the Board and Mr. Aptowitz's successful re- election campaign. Mr. Clemmey brought up the topic of electronic voting machines for Town Meeting, which he introduced to the Board at a previous meeting. He had not heard the Board discuss the topic since that time and wanted to be sure it was still on their radar. He reminded the Board of the ease of the process and noted it is being used in other communities. He distributed information to Mr. DelVecchio as he was not present at the initial discussion. Mr. Clemmey reminded the Board as to his concern with patrons parking at the Commuter Rail during the football season to utilize the Patriot's Train to Gillette Stadium. He repeated his concern with respect to the free parking the ticketholders are getting where if they were to park at Gillette they would be paying $60 -$80. Mr. Clemmey would like to see the Town receive Board Of selectmen's Meeting May 21, 2014 Page 3 of 8 something even if it were a non - profit group collecting (the Boys or Girl Scouts). He also referenced the tailgating and drinking. In terms of the Town Meeting, Mr. Clemmey noted that Article 31 (Economic Development Committee) was too long at 17 pages and felt that there was too much power being given to one board. Mr. Clemmey asked that if this was to be brought to the residents again that a public hearing be scheduled. Mr. Clemmey also noted that more information should have been given to the public regarding Article 12 as there was minimal discussion and was even unsure as to who the Article belonged to. Mr. Aptowitz reminded Mr. Clemmey that the Planning Board did come to discuss all of its Articles before the Board of Selectmen. Mr. Clemmey's final point was in regards to his time serving on the Industrial Development Committee as well as the Housing Authority (six years) and felt that the Board has eliminated those two committees but yet wanted to create an Economic Development Committee. He noted how active the IDC was and felt that those two committees should be activated. Mr. Aptowitz agreed and felt the IDC could be used as the marketing arm to attract businesses to Mansfield. Mr. Ross stated there has not been a lot of interest in the IDC because it does not have enough authority. Mr. Ross wanted to address a few of Mr. Clemmey's issues. First, he noted that with regards to the electronic voting machines, a by -law change would be needed and as the information originally presented by Mr. Clemmey was after the Article deadline for this year's Town Meeting it would have to be introduced at the next Town Meeting. Secondly, as to the EDC, because it was a Home Rule Petition, Town Counsel advised that the entire document had to be in the Warrant. Bill Clemmey asked if the BETA Study had been distributed to the Board to which Mr. Ross noted that the office has yet to receive that full report. Mr. Clemmey asked that the Board please read through the recommendations from the report and compare those recommendations to the TOD Article that was passed. Mr. Clemmey also wanted to discuss the Article regarding the handicap ramps and the land the MBTA wanted to acquire (this Article did not pass at Town Meeting). Mr. Clemmey felt the Town would benefit from the "up and over" ramps and asked if the Board could look into that quickly to get both the Town and the MBTA on the same page. Mr. Ross reported that he spoke with Ron Morgan from the MBTA the day after Town Meeting to inform him that the Article did not pass and that there was a strong feeling from Town Meeting that the elevator and stairs options were the best option. Mr. Ross reminded that they have the power of eminent domain. Mr. Karl Clemmey returned to ask Mr. Ross about the developers of the Chocolate Factory and if they are signing the development agreement personally and if they provided the Town with personal financial statements, education and if partners were involved. Mr. Ross responded they did sign the development agreement personally and there was a lot more work to be completed. Joe Presti, 34 Noreen Road, with his wife Nizra, are present before the Board to discuss the Town's plan or schedule concerning maintenance of islands and cul -de -sacs in neighborhoods, which he believed to be its responsibility, as stated on the DPW website. Chairman Dentino stated this has been a problem going on for years and deferred to Mr. Ross to explain the Town's policy. Mr. Ross reported that to his knowledge the Town has never maintained those areas within neighborhoods as it does not have the sufficient work force or resources. He explained that there is Board Of Selectmen's Meeting May 21, 2014 Page 4 of 8 nothing in the Charter that requires the Town to maintain those areas and since there are numerous areas throughout Town if it began to take on that responsibility it would require a substantial increase in budget and work force. Mr. Presti referenced the Department of Public Works website and distributed a copy to the Board. Mr. Ross stated maintenance of these areas has generally fallen to the residents within the neighborhood. Mr. Aptowitz noted there have been incidents in the past and was concerned about the Town performing maintenance and then the level of satisfaction of the residents (referencing mulching and additional costs). Mr. Ross referenced neighborhood associations. Chairman Dentine, stated the problems Mr. Presti brings before the Board are correct and the Town has acknowledged that it does not maintain the islands but it doesn't mean it is the right answer. Mrs. Presti felt the Town has been wonderful and asked if a potential solution could be offering some amount of monies to a neighborhood to use towards maintenance with the neighborhood residents making up the difference. She would like to see some movement from no support (manpower /financial) to something. Mr. Aptowitz stated it was incumbent of the Board to take another look at this issue but couldn't promise anything. Mr. Ross did not want to be difficult but reminded the Board that residents are constantly contacting the office regarding fixing the streets and every dollar that would go towards maintenance of islands and cul -de -sacs would take away from road/street repairs. Mr. Ross felt the best way to solve this would be for the neighborhood to band together and address the issue as taking resources away from road /street repairs would not be acceptable to the vast majority of Town residents. Mr. DelVecchio felt that there would be no creative solutions this evening and suggested this as a future agenda item where the Board could brainstorm to find a way to resolve this issue. Mr. Aptowitz stated that the Town needs to have a consistent policy that is fair to which Mr. Annino responded by stating a "consistent policy" would include every right of way in the Town and to be careful because monetarily the Town only has a certain amount of money and it is not enough to maintain right of ways. Mr. Ross suggested the creation of a special assessment district to maintain those areas and assess a dollar amount to those properties where a third party is hired to maintain it —just like a homeowner's association. It was decided that this discussion would be scheduled for the June 4, 2014 Board meeting. A. Review and Approval of Minutes of Meetings • Board of Selectmen Minutes April 16, 2014 Motion: To approve the Board of Selectmen Minutes for April 16, 2014 (Annino/Kozlowski) PASSES 4:0:1 DelVecchio ABSTAIN • Board of Selectmen Minutes April 23, 2014 Motion: To approve the Board of Selectmen Minutes for April 23, 2014 (Annino/Kozlowski) PASSES 4:0:1 DelVecchio ABSTAIN • Board of Selectmen Minutes May 14, 2014 Motion: To approve the Board of Selectmen Minutes for May 14, 2014 (Annino /Kozlowski) PASSES 4:0:1 Dentino ABSTAIN B. Approval of Warrants Town Vendor Warrant No. 14O47T $425,569.13 Motion: To approve Town Vendor Warrant No. 14O47T $425,569.13 (Kozlowski / Aptowitz) PASSES 5:0 Electric Department Vendor Warrant No. 14047E $334,384.52 Motion: To approve Electric Department Warrant No. 14047E $334,384.52 Board Of Selectmen's Meeting May 21, 2014 Page 5 of 8 (Kozlowski /Aptowitz) PASSES 5:0 School Department Vendor Warrant No. 140475 $55,109.94 Motion: To approve School Department Warrant No. 14O47S $55,109.94 (Kozlowski /Aptowitz) PASSES 5:0 Town Payroll Town Medicaid Payroll Warrant No. 14O47PT $328,429.64 Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 14O47PT $328,429.64 (Kozlowski /Aptowitz) PASSES 4:1 Dentin NAY Town Deductions Vendor Payroll Warrant No. 14O47TV $98,680.43 Motion: To approve Town Deductions Vendor Payroll Warrant No. 14O47TV $98,680.43 (Kozlowski/DelVecchio) PASSES 5:0 School Payroll School Medicaid Payroll Warrant No. 14O47PS $1,479,635.92 Motion: To approve School Payroll School Medicaid Payroll Warrant No. 14O47PS $1,479,635.92 (Kozlowski /Aptowitz) PASSES 4:1 Annino NAY School Deductions Vendor Payroll Warrant No. 14O47SV $497,693.81 Motion: To approve School Deductions Vendor Payroll Warrant No. 14O47SV $497,693.81 (Kozlowski /Aptowitz) PASSES 5:0 C. License and Permit Approval • Consideration of 2014 Drainlayers License for W,D. Cohen Contracting Corp. Motion: To approve 2014 Drainlayers License for W.D. Cohen Contracting Corp. (Kozlowski /Aptowitz) PASSES 5:0 • Consideration of 2014 Water Installers License for C.J. Tibbetts Excavating, LLC Motion: To approve 2014 Water Installers License for C.J. Tibbetts Excavating, LLC (Kozlowski /Aptowitz) PASSES 5:0 D. Event Approval • Consideration of Parade Permit for Mansfield's Memorial Day Parade, Monday, May 26t" at 1O:OOam Motion: To approve the parade permit (Aptowitz/Kozlowski) PASSES 5:0 • Consideration of Yard Sale on South Common for the Mansfield Shelter Friends, Inc., Saturday, June 14t" Motion: To approve the Yard Sale for the Mansfield Shelter Friends, Inc. (Kozlowski /Aptowitz) PASSES 5:0 E. Correspondence • Receipt of Letter from the Downtown Business Association in regards to the former Fales Fuel lot Mr. Annino read the letter into the record. Mr. Aptowitz recognized that this has been a hot button topic and understood business owners wanting more parking but also that it is a viable asset that could generate revenue to the Town. He felt it warranted more of a discussion as did Mr. Annino. Mr. DelVecchio asked how far into the process is the Town with regards to the sale. Mr. Ross explained it is tax/title where tax attorneys have reviewed and cleared the title and the Town is in the process of creating documentation for a tax sale similar to the development agreement presented earlier. Mr. Ross did note that this property is in the buffer between residential and commercial zoning. Mr. DelVecchio asked what the property could be legally used for to which Mr. Ross recalled primarily residential (multi - family) and could support four to five unit condominium. He also referenced there has been discussions regarding a parking lot. Mr. DelVecchio confirmed through Mr. Ross that the Town is not obligated to sell the property but that the Treasurer has the ability to sell upon clearance from John Stanbrook, Finance Director and Mr. Ross. Mr. Kozlowski felt if the Town made it a commuter lot it would allow for utilization of the Board Of Selectmen's Meeting May 21, 2014 Page 6 of 8 Parking Enterprise funds. It was decided to schedule not only the DBA but also the residents of that area. Mr. Ross noted that after Town Meeting a list has been generated with respect to "To Do" projects in the Town for the remainder of FY14 through FY15. Mr. Ross stated there are 55 projects and that list does not include the Schools. A copy will be sent to the Board. Mr. Ross repeated that Marianne Staples, Town Clerk, has submitted all documentation from Town Meeting to the Attorney General's office, Department of Revenue and Community Division of the Secretary of State. Mr. Ross is setting up meetings with Department Heads with respect to the recommendations from the Northeastern students, particularly in regards to North Oakland Street and North Main Street. Mr. Ross will report back to the Board and residents as well. The Town has asked SRPEDD to use its traffic modeling software to model the option for Route 106, one of which shows traffic moving and when and where it occurs. Mr. Ross reminded that Town Hall will be closed on Memorial Day and reminded the Board that the Agenda will need to be posted on Friday in order to meet the Open Meeting Law requirement. Chairman Dentino would like all Board members to receive preliminary agendas to review in case they would like to add somethina. Mr. Kozlowski will be travelling and unable to attend the Memorial Day Parade. Mr. Annino would like to begin a list of "To Do" items for the Board: • Receipt of the Beta Group Study • Schedule Downtown area walk • Booth at the Downtown Family Fun Night • Work on Promotional Video • Revisit the IDC Committee • Old Colony Way • Downtown Signage • Institute Tree Planting as a policy • Promote the North Common re- design Mr. Aptowitz thanked the Board for their kind words earlier and is looking forward to working with Chairman Dentino as his Vice Chairman. Mr. Aptowitz noted the hard work being done by Mike Ahern and his group with respect to the North Common. Mr. Aptowitz asked Mr. Ross to work with Gary Babin to schedule a Light Commission meeting. Mr. Aptowitz noted that during the campaigns the Town's website was a note of discussion and asked that a future Agenda item be set to further discuss revamping the site. Board Of Selectmen's Meeting May 21, 2014 Page 7 of 8 Mr. Aptowitz encouraged the Board to make a visit to the Xfinity Center as its season will begin next week, Friday, May 30th. He felt it would give them an appreciation for what the Town is dealing with and all the hard work involved. He noted the recent location change of the triage center to the compound area. He appreciated the efforts of LiveNation, Inc. and Bruce Montgomery. Mr. Aptowitz also asked to schedule an Executive Session to bring Mr. DelVecchio up to speed with regards to those Executive Session items. Chairman Dentino noted the recent passing of Edward Harsh who was a chemistry and physics teacher at the high school for 34 years. Also, Chairman Dentine, remembered Sam Burns, the Parris Island. Mr. Annino read the proclamation into the record. Motion: To sign the proclamation (Aptowitz/Kozlowski) PASSES 5:0 Review and Execute $1,800,000 Bond Anticipation Note Documents This was for short term borrowing for: Article 16 -3 $650,000 for bridge repair Article 16 -5 $750,000 for Robinson School windows Article 15 $400,000 for waste water planning Mr. Annino noted this was awarded to Easton Bank for .5% for the term of June 3, 2014 to October 24, 2014 Motion: To approve and sign the Bond Anticipation Note Documents (Annino /Aptowitz) Mr. Aptowitz asked why the Town needed to borrow this to which Mr. Ross explained the Town does Bond Anticipation Notes for items authorized at Town Meeting and when the projects are finished the Town issues bonds in the final amounts. He noted this was a great rate and that the Town's financial situation is much better. Mr. DelVecchio further explained that if the Town were to take the $1.8 million out of its cash flow it would be hard to operate. Motion: To approve and sign the Bond Anticipation Note Documents (Annino /Aptowitz) PASSES 5:0 Motion: To adjourn the BOS meeting at 9:02pm (DelVecchio /Aptowitz) PASSES 5 P I �rI Signature of Clerk /Tracey Whalen Board Of selectmen's Meeting May 21, 2014 Page 8 of 8 Date of Approval