HomeMy WebLinkAboutBOS MINUTES 6-11-2014Board of Selectmen Minutes
June 11, 2014
Present: George Dentino; Chairman, Jess Aptowitz; Vice Chairman, Doug Annino; Clerk, Frank
DelVecchio, Olivier Kozlowski and William Ross; Town Manager
Chairman Dentine called the meeting to order. Chairman Dentine reminded that this meeting is
being broadcast live by Mansfield Cable Access and taped for future broadcast.
Mr.
Motion: To open the public hearing (Aptowitz/Kozlowski) PASSES 5:0
Present before the Board is Attorney Ed Valanzola who is representing G.T. Retail dba Wines and
More in what he explained is a petition to simply transfer the ownership interest of the business,
where Kathleen Haronian will replace Glenn Thompson as the Director /Owner. Mr. Valanzola
reported that Ms. Haronian has operated a similar organization in Providence, RI, Douglas Wine
and Liquors, for the last twenty years, which she has recently sold when this opportunity presented
itself. Mr. Valanzola noted that within Ms. Haronian's application all paperwork for the sale of
Douglas Wines and Liquors and the source of fiords are documented. Mr. Valanzola stated that
Ms. Haronian will be purchasing all of the assets and will be the Officer as well as the Manager of
Record but intends to keep the current manager on for a period of time while transitioning.
Mr. Aptowitz inquired if this transaction will have any relationship to a franchise, as this was
questioned when the license was originally approved by the Board. Mr. Valanzola stated no and
that Ms. Haronian will own this business herself with no other locations. Mr. Valanzola further
noted that the business, GT Retail, will stay in place and that Ms. Haronian will just be stepping
into the place of Mr. Thompson.
Mr. Kozlowski followed up on Mr. Aptowitz's question and recalled that when this license was
initially issued there was only a certain amount of licenses that could be held by the same entity.
He asked if, with this transaction - an asset purchase, if substituting one person for another person
but the entity remains the same, that entity is subject to the requirements that the ABCC put in
place when the business first came into play. Mr. Valanzola slated that is entirely accurate.
Mr. Aptowitz asked if the landlord of the building is letting Mr. Thompson off of the lease to
which Mr. Valanzola explained the landlord has signed an assent to the transfer where Mr.
Thompson and Ms. Haronian will both be guarantors as GT Retail, Inc. is still in place as Ms.
Haronian as director.
Mr. Kozlowski followed up and asked if Ms. Haronian is buying into GT Retail then she would
then own additional locations. Mr. Valanzola reminded there are no other locations and explained
that originally some competitors were concerned that there may be other locations owned by GT
Retail and that there has never been anything put before the Board indicating that.
Mr. Ross' recollection was there was a franchise agreement with a party that already had three
licenses, which was the maximum at that time, and the question then was is there a way to get
Board Of Selectmen's Meeting June 11, 2014
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around the maximum number of licenses. The ABCC weighed in and stated no but there is a limit
in the franchise fees to non - alcoholic beverages revenue. Mr. Ross stated that the question that
hasn't been asked is, does the franchise arrangement continue in effect with this transfer. Mr.
Valanzola stated yes and that GT Retail complied back then and complies now. Mr. Ross noted it
is somewhat less important now as the limit is now five and moving up.
Mr. Annino pointed out that on the Manager's Application it was noted that Ms. Haronian reported
that she was the owner of an establishment that was in violation of Chapter 138. Mr. Valanzola
stated that was in error and Chairman Dentino suggested that Ms. Haronian correct the mistake,
initial the application and then to provide a signed affidavit to accompany the application for the
ABCC and for the Town's file.
Mr. Aptowitz stated that the Board takes its alcohol licensing very seriously and would appreciate
Ms. Haronian spending as much time as possible at the location, especially in the beginning and
for supervisory reasons.
Chairman Dentino felt that the location would need an assistant manager in order to have someone
trained at all times due to the store hours and the size of the location. Chairman Dentino asked who
the current manager was to which it was reported by Mr. Valanzola, Bill Razini, who he stated may
stay on after the transfer has been completed. Chairman Dentino reported that the Town is serious
about having the correct manager of record on file and reminded that the Board will need to be
notified if there is a change.
Chairman Dentino followed up on the topic of a pledge of license and noted that the section on the
application was not filled in. The Chairman would like the applicant to complete that section with
either a "No" or "Not Applicable" to which Ms. Haronian and Mr. Valanzola agreed.
Chairman Dentino asked if there were any comments from the public. There were none.
Motion: To close the public hearing (Aptowitz/Kozlowski) PASSES 5:0
Mr. Ross suggested that Ms. Haronian correct the application this evening and initial the changes
and for her and Mr. Valanzola to provide a signed affidavit stating the application had an error and
then to check "No" to the question regarding the pledge ( #19) and initial that as well. The Board
agreed to Mr. Ross' suggestion. Ms. Haronian made the necessary changes.
Motion: To approve the application of GT Retail Inc. dba Wines and More for a new officer and
director, new stockholder, transfer of stock and change of manager (Aptowitz/Kozlowski)
PASSES 5:0
Mr. Ross distributed the section of the Statute which outlined the nowers and duties of an
Industrial Development Committee. He explained that it is more or less a research and
promotional Committee and did not have much authority to go beyond that, which is the
differentiation between it and the Economic Development Committee. Mr. Ross noted the Town
does have an IDC within the Charter and could move forward but felt it was a discussion for the
Board.
Board Of Selectmen's Meeting June 11, 2014
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Mr. DelVecchio noted that this has been a topic of discussion for the last few months, especially
given the most recent election. Mr. DelVecchio has heard many suggestions of getting the IDC up
and running again and noted, rather coincidentally or serendipitously, that the number of members
of both the IDC and proposed EDC is seven with the difference being that the Town Manager
appoints the IDC members. Mr. DelVecchio would like to get this Committee back up and
running and felt a starting point would be to get a group of people on board with the understanding
that perhaps they could be charged with coming back to the Board and the Town with some
thoughts on how the Committee should be constituted and what their role should be. Mr.
DelVecchio suggested advertising the importance of the Committee to the residents and how
important it is to the Town so that a full Committee can then provide guidance prior to the next
Town Meeting.
Mr. Annino agreed with Mr. DelVecchio and felt that the IDC is an important part of the Town and
has fallen off in the past few years. He also noted that he is in favor of an EDC in that it gives that
committee a lot of power to do things in Mansfield that would benefit the community. He
understands that there are varying opinions but felt the EDC to be a tool and the more tools the
better.
Mr. Kozlowski asked what the current status of the IDC is to which Mr. Ross explained he had
tried to reconstitute the Committee shortly after he arrived where there was one meeting where it
was unsure of what to do with that body. Mr. Ross believed that based upon what happened at
Town Meeting and this discussion he will work to reactivate membership by posting, which are his
appointments. Mr. Ross noted Mr. DelVecchio's suggestion of appointing members with
backgrounds like what would be in an EDC, for example, municipal, industrial and finance, in
order to have diversity.
Mr. Aptowitz noted the taste from Town Meeting was that the EDC was too rigid and suggested
perhaps giving the IDC a budget to perhaps attend seminars or trades shows to start them off. His
concern was how hard it is to have people volunteer, but if the Town can put the effort into the IDC
by getting good people on board and push them in the right direction and build from there. Mr.
Kozlowski added let the IDC do the planning and then let those who need to "pull the trigger"
available and receptive to what they come up with.
Chairman Dentino would like to see some direction in writing for the IDC. The Chairman had an
issue with the EDC as he felt it had too much power and did not feel the voters at Town Meeting
were wrong in voting no. He asked what the IDC could do in terms of moving the Town's
economy forward and referenced marketing and development as examples. Mr. Annino felt the
IDC could not get into development and thought that was strongly stated at Town Meeting but
pointed out that the Committee could do well in promoting the Town, especially luring businesses
and looked at the IDC as an advisory board to the Town Manager and Board of Selectmen as the
heart -beat of the Town.
Mr. Aptowitz noted that based upon what the Town Meeting said an EDC is going to have to be
down the road and that by Charter Mr. Ross has the authority to appoint an IDC which he felt the
Board should be supportive of. He felt that would be the first step in marketing the Town.
Mr. Kozlowski felt marketing is one piece of it but to expand on Mr. Annino's thought of needing
to know what barriers are there, if any, to development and how can the Town best address any
hurdles. He referenced businesses that want to locate here but due to infrastructure may not be
Board Of Selectmen's Meeting June 11, 2014
Page 3 of 9
able to and felt it would be the IDC's task to facilitate communication between land owners and
businesses.
Mr. DelVecchio felt that the Town needed to start moving. He explained there are two models:
IDC and EDC with one being weaker and the other stronger (used in less than 10% of the State).
He felt the Town needs to get the IDC going with enthusiastic individuals, get them training and
knowledge beyond their regular experience and have them come back to the Board with
recommendations.
Mr. Ross stated that based upon the action from Town Meeting the Town needs to reconstitute the
IDC and work with them on promotional activities. He felt it would be a good idea to have the IDC
review the entire process and make a recommendation on whether those powers needed to be
expanded to further encourage economic development in the community. Through his research,
Mr. Ross found that Walpole has an EDC through special legislation. Mr. Ross felt the IDC is a
great place to start and work on tailoring the Committee to meet the unique needs of Mansfield.
Mr. DelVecchio asked for a timeline to which Mr. Ross felt a push for applicants and appointments
could be done through the summer.
Chairman Dentino has seen a number of companies come into the industrial park, School Street
area. He felt those companies did not come here because an IDC marketed them but instead
because of the Town's location and what the Town has to offer. He also noted the assistance these
companies had from the Tri -Town Chamber and was supported by the reputation that the Town of
Mansfield was business friendly. He noted that the industrial park has held itself steady with an
80% occupancy. He felt Mansfield needs to continue doing what its doing by providing a business
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Mr. Ross noted that the Article and Motion that was adopted at Town Meeting for home rule
petition for additional alcohol licenses allowed for the Board of Selectmen to accept certain
changes to the petition for legislation to perfect the legislation. Mr. Ross submitted the home lisle
petition to Representative Barrows office which then sent additional changes where Mr. Ross then
had Rich Hucksam, Town Counsel, review. Mr. Hucksaln agreed with all changes except for
Paragraph J where it was believed the author was confused by the original intent of - if any of these
additional licenses are not issued within seven years after the effective date they then become null
and void. The Board was provided with the changes made by Representative Barrows office, a
memorandum from Mr. Hucksam explaining his opinion on Paragraph J and a final copy which
included Mr. Hucksam's language for Paragraph J. All parties have agreed with Mr. Hucksam's
opinion.
Motion: To support the legislation as perfected and presented (Kozlowski /Annino)
Discussion:
Mr. Kozlowski wanted to point out that although D and E on the map look identical they are
actually differentiated between diagonal and horizontal lines.
Motion: To support the legislation as perfected and presented (Kozlowski /Amiino)
PASSES 4:1 Dentine, NAY
Mr. Dentino does not believe handing out liquor licenses to boost the economy is the way to go.
Board Of Selectmen's Meeting June 11, 2014
Page 4 of 9
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guideline that was researched by Ms. Whalen with the ABCC. Chairman Dentino noted this is the
same guideline as if there were a violation for a sale of alcohol to a minor and noted that it is just a
guideline that the Board could adjust.
Mr. Aptowitz would like to see language incorporated onto the license. Mr. Ross explained that
the point the ABCC has made is a violation is a violation and that the establishment is still entitled
to due process. Mr. Ross noted that there are currently four businesses in violation as of June 10°i.
Mr. Aptowitz noted that by those businesses not telling the Board that there has been a change,
they are now in violation.
Mr. Kozlowski felt the offense is not, not having a manager, but rather not notifying the Board that
the manager has changed or left. Mr. Kozlowski suggested that on the license it should read that if
the manager has left or has changed there is a designated time period that the Board will need to be
notified and that should be a requirement which forms the basis of the violation.
Mr. Ross suggested calling the violators before the Board at the June 25di meeting to explain why
the Board was not informed of the change in manager. Mr. Kozlowski liked that idea and felt that
a 48 hour time period to inform the Board of a change was adequate BUT that this could not be
applied in this instance but rather going forward.
Motion: To call current violators in before the Board at its meeting on June 25 °i
(Kozlowski /Annino) PASSES 5:0
Discussion:
Mr. DelVecchio inquired as to the process and the implications. Mr. Kozlowski explained that the
establishment will be notified and then if a Change of Manager application is not submitted then
they will be shut down. Ms. Whalen explained that there is a need for a path of progressive
discipline, as advised by Ralph Sacramone of the ABCC. Mr. Kozlowski believed it to be a case
by case in terms of discipline. Mr. Aptowitz noted this puts them on notice publicly and why they
did not pay attention to their responsibilities. Chairman Domino noted this will also let the Board
know if they in fact have a manager. Mr. DelVecchio asked if there was any leeway in terms of
filing the application to which Mr. Ross noted that is a policy decision for the Board. Mr. Ross
advised at least 14 days. Mr. Kozlowski would like to see the Board move on and decide timing
for notification of the change and timing of a new application.
Motion: To call current violators in before the Board at its meeting on June 25th
(Kozlowski /Annino) PASSES 5:0
Motion: When issuing future alcohol licenses, include a provision requiring license holders to
notify the Board of Selectmen within three business days if a manager has left
(Kozlowski /Aptowitz) PASSES 5:0
Discussion:
Chairman Dentino asked if the Board wanted to set that tone or use the next two weeks to consider
recommendations. Mr. Kozlowski had thought that tonight's discussion was to set policy and was
surprised to find that there were four violators. He felt it only fair to impose these requirements
going forward and not with these particular violators. Mr. Aptowitz agreed with Chairman
Dentino's earlier suggestion of a letter, explaining the requirements, accompanying the licenses
Board Of Selectmen's Meeting June 11, 2014
Page 5 of 9
which will require a signature that it was received. Mr. DelVecchio asked if given the fact the
Town is dealing with national chains if three business days is feasible. Mr. Kozlowski explained it
would just be a simple phone call notifying of the change to which Mr. Aptowitz agreed.
Motion: When issuing future alcohol licenses, include a provision requiring alcohol license
holders to notify the Board of Selectmen within three business days if a manager has left or
changed (Kozlowski /Aptowitz) PASSES 5:0
Motion: Require that within two weeks, alcohol establishments, submit an application for change
of manager (Kozlowski /Aptowitz) PASSES 5:0
Mr. DelVecchio explained that at one time or another, the Board had expressed an interest in the
concept of working/updating the website. Mr. DelVecchio has specifically seen, Easton, for
example, that Selectmen's packet information and minutes included on the website. He felt that
this could be discussed as a broader concept of reconfiguring the website.
Mr. Ross noted that he received an email from a retired IT Director from a large non - profit who
was interested in volunteering time to work with the Town on the website. He noted one area of
expertise was website development. Mr. Ross would like to set up a meeting and if that proves
fruitful to then capitalize on that expertise and have him work with Sacha Zlatkova, the Town's IT
Director.
Mr. Annino noted the importance of the Town having a professional website as well as ascetically
pleasing. He wanted the site to be easily navigated by users.
Mr. Ross noted he has worked for municipalities that uploaded Selectmen meeting packets online
with obvious redactions such as legal opinions, personal info on applicants and executive session
information could not be included. Mr. Kozlowski noted this was a similar discussion to when the
Board decided to put the Warrants online. He stated he was unsure as to how many Towns put the
Boards packet material online to which Mr. DelVecchio stated he knew both Needham and Easton
did. Mr. Aptowitz did not want to create more work for staff as the packets would need to be
"scrubbed" prior to uploading on the website. Mr. Kozlowski asked if there was a sense of
categories of information that could not be placed online. Mr. Ross felt it was a question for Town
Counsel. Mr. DelVecchio did not want to burden the website any further at this point and would
like to wait and see what the reconfiguration of site would be first.
None.
A. Review and Approval of Minutes of Meetings
• Board of Selectmen Minutes May 28, 2014
Motion: To approve the Board of Selectmen Minutes for May 28, 2014
(Aptowitz/Kozlowski) PASSES 5:0
B. Approval of Warrants
Town Vendor Warrant No. 14050T $132,457.23
Motion: To approve Town Vendor Warrant No. 14050T $132,457.23
(Kozlowski /Aptowitz)
Discussion: Mr. Aptowitz would like a memo sent to all departments (School and
Municipal) not to expend budgets. PASSES 5:0
Board Of Selectmen's Meeting June 11, 2014
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Electric Department Vendor Warrant No. 14050E $1,570,445.01
Motion: To approve Electric Department Vendor Warrant NO. 14050E $1,570,445.01
(Kozlowski /Aptowitz) PASSES 5:0
School Department Vendor Warrant No. 140505 $394,588.90
Motion: To approve School Department Warrant No. 140505 $394,588.90
(Kozlowski /Aptowitz) PASSES 5:0
Town Payroll Town Medicaid Payroll Warrant No. 1405OPT $442,925.44
Motion: To approve Town Payroll Town Medicaid Payroll Warrant No. 1405OPT
$442,925.44 (Kozlowski /Aptowitz) PASSES 4:1 Dentino NAY
Town Deductions Vendor Payroll Warrant No. 14050TV $142,766.30
Motion: To approve Town Deductions Vendor Payroll Warrant No. 14050TV
$142,766.30 (Aptowitz/Kozlowski) PASSES 5:0
C. Licenses and Permits
• Consideration of Early Alcohol Sales for Flynn's Restaurant Group dba Flynn's Irish Pub
Motion: To approve early alcohol sales for Flynn's Irish Pub (Kozlowski /Annino)
PASSES 5:0
D. Proclamation
• Consideration of Proclamation for Michael P. Healy
Motion: To approve signing (Aptowitz/Kozlowski) PASSES 5:0
• Consideration of Proclamation for Timothy M. Elofson
Motion: To approve signing (Aptowitz/Kozlowski) PASSES 5:0
E. Correspondence
• Invitation To Attend Walter P. Langley Memorial Dedication
Mr. Ross reported the Town is having trouble with the signal maintainers in the Winthrop Street
parking lot where to get to the signal controller they need to cut through the parking lot. At one
point a car /cars were damaged and then Amtrak began to put cones and a barrel in two parking
spaces as well as signs stating "no parking - violators will be towed" and even painted over parking
space numbers. Mr. Ross had contacted the maintenance supervisor for Amtrak and stated that
they had no right utilizing the parking lot access and certainly no right to tell people where they
cannot park. Mr. Ross stated the Town is certainly willing to work with them but not if they are
"messing around ". Mr. Ross' office received information from a resident on Monday (June 9th)
that barrels had been placed in parking spaces with more no parking signs. Mr. Ross, after
receiving no return phone call from Amtrak instructed the DPW to place boulders blocking
Amtrak's access as it is Town property and to repaint the numbers and remove the signs. He
understands the necessity of getting to their equipment but it should not involve abusing citizen's
cars and taken action on Town property without discussing it with the Town first.
Mr. Ross reported that the gym floor project began yesterday (June 101") and will last
approximately two weeks.
Mr. Ross reported that the Maple Avenue water main project began yesterday (June 10t1i) where
the water main portion will begin first, where in most cases, there will still be street access, but
when the main gets across Franklin Street the electric conduit work will begin. Mr. Ross noted
that the Town is working with neighbors and posting updates on the website and will utilize social
media to keep the Town informed.
Mr. Ross reminded that the Duck Race is June 25t" and the Board's meeting will post for 8:00pm.
Board Of Selectmen's Meeting June 11, 2014
Page 7 of 9
Mr. Ross reminded the Board that they will meet as Light Commissioners this Monday, June 16t11
at 7:00pm.
Mr. Ross reported the Town is working on options related to location and layout of a new highway
garage and public safety building. He noted that the Town is working with MBC first as the
responsibility falls there under the Charter. Information will be distributed to the board as it is
drafted.
In terms of plans for North Main and North Oakland, the Town will apply for a Mass Works Grant,
no details are required but estimates of the plans are.
Mr. Kozlowski noted that the 2nd Annual Run from the Cops will be Sunday, June 22" at I O:OOam
and he will be participating.
Mr. DelVecchio attended the New Selectmen training sponsored by the MMA, where Paul
DeRensis played a role.
This past Sunday (June 81h) was the 2014 High School Graduation and Mr. DelVecchio
congratulated all the graduates.
Mr. Annino asked if Russell Barnaby, Chocolate Factory, LLC had submitted a schedule. Mr.
Ross would remind him.
Mr. Aptowitz noted he will be "walking" from the cops on Sunday.
Mr. Aptowitz noted that during the campaign the topic of a split tax rate and a possible third rate
for small business had come up. Mr. Aptowitz would like the Board to take a look at that to see if
it is feasible.
Mr. Aptowitz asked if there was an update with regards to the North Common which Mr. Ross
would follow up on.
Mr. Aptowitz asked if there was a matrix showing Town employee's base pay without overtime to
which Mr. Ross reported no and noted the closest would be the reported salaries at the back of the
Town's Annual Report.
Mr. Aptowitz wished all the fathers a Happy Father's Day and congratulations to the Class of
2014.
None.
Motion: To adjourn the BOS meeting at 9:06pm (Aptowitz/Annino) PASSES 5:0
Board Of Selectmen's Meeting June 11, 2014
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Signat e of Clerk
/Tracey Whalen
Board Of Selectmen's Meeting June 11, 2014
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Date of Approval