HomeMy WebLinkAboutBOS MINUTES 03-02-2016Board of Selectmen Minutes
March 2, 2016
Present: George Dentino, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk;
Doug Annino, Frank DelVecchio and William Ross. Town Manaeer.
Chairman Dentino called the meeting to order at 7:03p.m. The Chairman reminded everyone that
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Present before the Board is Kelly Correia, representing Verizon New England, who explained that
Verizon will be relocating two poles and setting one new pole in order to accommodate the
reconstruction of the intersection at Oakland and Maple streets.
Mr. Aptowitz noted he has been concerned with a variety of issues with Verizon outside this
prevue and asked if they could be addressed at this time. It was noted by Mr. Ross that those
issues have been mentioned but as Ms. Correia is a consultant she could only report the Town's
concerns back to Verizon.
Mr. Ross noted this was at the request of the Town in order to re -align the intersection to and
remove issues with drainage as well as relocating the monument. Ms. Correia noted she spoke
with Rick Alves, Town Engineer, regarding timeframes for Verizon getting their construction and
poles set before the roadway work and will continue to work with him to coordinate. Mr. Alves
further explained that the monument will be moved in a southerly direction along with the existing
utility pole and that the Town will need two weeks notice in order to place jersey barriers in order
to protect the location of the new pole as it falls within the existing pavement.
Mr. Annino looked for clarification as to who owns the poles to which Mr. Ross explained that
Verizon owns the poles on the east half of the Town and that Mansfield Electric owns the poles
approximately on the west half of the Town. There have been preliminary discussions with
Verizon on the Town accepting responsibility of all of the poles, which the Line Crew has
recommended.
Mr. Kozlowski asked for chronology of the project. Mr. Alves explained that the jersey barriers
will first need to be installed and from there Verizon will schedule police detail and relocate their
poles. The Town will need to excavate and remove the existing island so it can adjust the
intersection as needed. Ms. Correia summarized that Verizon will come in and set the new poles
and everyone with wires and lines on the existing poles will need to transfer all their own lines onto
Board Of Selectmen's Meeting March 2, 2016
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the new poles before the old poles can be removed. She noted that typically electric will go first
with Verizon being the last to transfer. She noted that all utilities will be told to move quickly.
Mr. Aptowitz asked what happens if the utilities do not move quickly to which Mr. Ross responded
it will be a situation just like in Easton where it went at least two years with poles in the street at
Five Corners. Mr. Ross also noted there is no provision enforcing a time frame for those utilities to
move. Mr. Alves noted there are alternatives to rearrange the intersection if an emergency arises.
Mr. Aptowitz asked who pays for the work to which Mr. Ross noted each utility pays for its own.
Chairman Dentino reminded that prior to this the Town was always in the hands of two utilities:
Verizon and Mansfield Electric. He is not sure that taking the responsibility of the pole by
Mansfield Electric is wise with regards to liability and asked for Mr. Ross' thoughts. Mr. Ross
noted he was planning to discuss this with the Light Commission at its next meeting.
Motion: To close the Public Hearing (Kozlowski /Annino) PASSES 5:0
Motion: To approve the work as proposed in the plan (Kozlowski /DelVecchio) PASSES 4:0:1
Dentino ABSTAIN
Mr. Kozlowski read the letter into the record.
At receipt of this letter Mr. Ross forwarded the letter to Town Counsel for review to ensure there is
in fact no conflict. Mr. Ross read into the record the opinion of Town Counsel which summarized
there is no conflict of interest on Mr. French's part and that no action needs to be taken by the
Board of Selectmen.
Tabled due to illness— will be rescheduled.
Motion: To open the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0
Present before the Board is Gregory Stevens, owner of Uptown Burger Bar, and Gregory Lee,
counsel.
Mr. Lee noted the application before the Board is for a small burger establishment located at the
old Radio Shack location by Mr. Stevens who is an experienced restauranteur. He is the current
owner of Bella Sarno in North Attleboro, which is in the process of being sold. Although the
application indicates "all alcohol" Mr. Stevens intends to only sell beer and wine.
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Mr. Aptowitz asked Mr. Stevens about the violation with regards to Bella Sarno. Mr. Stevens
explained there was a violation when the restaurant first opened where a new bartender served a
patron under the age of 21. The result was loss of the license for three days and a $500 fine. Mr.
Stevens has moved away from that model noting he wants to focus on the food. Mr. Aptowitz
stated the Board takes the serving and selling of alcohol very seriously. Mr. Aptowitz asked for
the number of hours Mr. Stevens plans to be on site to which he will be on hand 11:OOam — 9:OOpm
and closing by 10:00pm. He will have all TIPS certified trainers.
Mr. Armin noted that the floor plans as well as the occupancy count on the application are
inaccurate. Ms. Whalen explained that in speaking with Mr. Lee those two pages were to be
updated and swapped at this evening's meeting to reflect the actual numbers. Mr. Stevens stated
there will be seating for 54. Mr. Stevens confirmed for Mr. Annino that there would be no outdoor
seating.
After a discussion amongst the Board it was decided to continue the Public Hearing in order for the
applicant to submit the updated occupancy count and provide a more formal, professional floor
plan.
Mr. Ross noted that this will be one of the new licenses that was granted by the Legislature where
there is the advantage of getting one of the licenses out there and limits the location to that
particular area so it cannot be moved.
Motion: To continue the Public Hearing to 8:OOPM on March 16th (Kozlowski /Aptowitz)
PASSES 5:0
This item was taken out of order at 7:24pm. Present
Montessori School.
, owner,
Mr. Ross reminded the Board that a license agreement covering the use of the Town's Right of
Way, for a guardrail protecting the playground located at the front of the school, was entered into
in March, 2013, with payments in two installments of $375 each. Since that time the agreement
has expired (2014). Mr. Ross noted a new agreement has recently been entered into that will
expire in 2017. Ms. Miller stated the agreement should expire in June, 2017 and not September,
2017 as it should coincide with the school year.
Chairman Dentino asked if Ms. Miller had made two years' worth of payments to which she stated
if she was given a bill it was paid. Mr. Kozlowski read from minutes from March, 2013 where the
Board voted to charge $750 per year payable in two installments of $375 each. The Chairman
asked if billing was done for 2014 and 2015 to which Mr. Ross did not believe billing was done for
2015. Mr. Aptowitz clarified that as of July 1", 2014 there has been no agreement in place. Ms.
Miller noted she visited Mr. Ross' office upon expiration of the 2013 agreement. Mr. Ross added
that at that time the Land Court case had not been decided upon so there was a possibility that a
new agreement may not be needed.
Ms. Miller summarized that she has been actively pursuing a new location, which was tied up in
Land Court, and at this point, has decided to abandon that option. Because Ms. Miller's licensing is
through Montessori, which requires an outdoor space, she is tied to her current location so as to not
close her doors, laying off staff and having families find new childcare. Ms. Miller stated she has
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approached Town Hall on numerous occasions with no response with regards to the RFP for the
Balcolm School on Otis Street (current location for the YMCA where the lease has also expired) as
well as to renew her agreement. Ms. Miller is looking to lease a larger space as her current location
does not allow her business to grow but she is not in a situation to purchase commercial property.
Mr. Kozlowski asked for information regarding the Balcolm School to which Mr. Ross stated that
Town Counsel has advised it does need a public bid and the Town can take into account service to
community and activities of that type and has explained that to the current occupant and Ms.
Miller. The Town needs to get market rate for the property.
Mr. Annino reminded that the YMCA has put forth $750,000 towards rehabbing that school. Mr.
DelVecchio felt the YMCA is really a side issue. Mr. Kozlowski clarified there is a license in
place for the current school year and for 2017.
Chairman Dentino looked for an explanation with regards to why no one followed up with Ms.
Miller. Mr. Ross summarized that the Town has been trying to get the lease document out there
(working with Mike Ahern, Buildings and Special Projects and Town Counsel) where other
business kept it from getting done. Mr. Ross has advised Mr. Ahern to write the RFP and submit to
Town Counsel for review. Mr. Ross acknowledged this has taken an extraordinary amount of
time. Chairman Dentino was concerned with the missed payments to which Ms. Miller noted she
is open to going back to review.
Mr. Ross will contact Rod Hoffman. Town Counsel for the status of the RFP.
Mr. Ross reported that the School Department has reduced its budget by approximately $500,000.
It was noted that most was removed except for the additional teachers that are necessary at the high
school to handle the new school schedule (trimesters to semesters). Mr. Ross noted $130,000 in
operating expenses was removed. John Stanbrook, Finance Director, is completing the Municipal
side where an addition $160,000 was removed but the deficit of the two sides stands at $1.6
million. Both sides continue to work to bring the Budget in line noting there is still some heavy
lifting to do. He reported:
• working with the DPW to reduce one of the two positions put forth in this budget (skilled
laborer and clerical).
• health insurance numbers changed slightly (not positively). In the past when adjustments
were made the same percentage was used for the variety of plans offered but due to so
many variances in actual cost of each of the plans a decision was made to set a percentage
for each plan. In the Town's case the HMO Blue Value (which has the bulk of employees)
instead of being slightly over 10% was 9 %. The PPO Blue Value (which is required by the
State to provide) was raised 13.5 %. Mr. Ross felt the Town expects to see a slight increase
in the senior plan. The item driving the healthcare cost is the cost for prescription drugs.
Mr. Aptowitz noted the next Budget Sub - Committee meeting will be March 23`d. Mr. Aptowitz
felt that compared to previous years it is more difficult to find places in the budget that can be
adjusted to make up the deficit.
Board Of Selectmen's Meeting March 2, 2016
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Chairman Dentino reminded that he had distributed the current form to the Board a few weeks ago
for any comments or suggestions with regards to a newer format.
Mr. Aptowitz would like to have grading through comments rather than a number scale as numbers
can be subjective. He would also look to evaluate the Town Manager on completion of Goals and
Objectives. Mr. Aptowitz stated this would be moving forward for next year's evaluation.
Mr. DelVeccliio did not feel the form should be changed for Mr. Ross' performance over the past
year but that any suggestions or comments should be worked into the form for the next evaluating
period. Mr. DelVeccliio too is in favor of evaluating using Goals and Objectives as a guideline.
Mr. Kozlowski noted that in the current form there could be a section referencing areas to work on
for next year.
Ms. Whalen will email the form in its current state to begin the evaluation process. A date will be
set at the Board's next meeting. Mr. Aptowitz noted this will need to be completed prior to Town
Election.
Mr. Kozlowski felt this to be an outgrowth from the Fales Fuel discussion where there are many
groups proposing projects on Town Land (Friends of Memorial Park, Eagle Scouts, Field of Honor
for example). He felt the process should be streamlined. Mr. Kozlowski went through his list of
concerns which he felt could be a starting point for a process and to provide guidance:
• Is site under jurisdiction of any other Board /Committee
• Are other potentially desirable uses no longer possible if the project moves forward
• Costs incurred by Town to install /create
• Will there be a substantial increase in insurance premiums as a result of the project
• Does the project have any impact on security concerns in the area
• Are there any engineering sign -offs required
• Future maintenance
Mr. DelVecchio lauds Mr. Kozlowski's attempt to have a process to address these ideas but felt it
is more in an Ad Hoc nature and not up to the Board. He tagged on to a previous idea by Mr.
Annino to create a master recreational plan which fits in with open space. He felt a discussion of
this nature should be in the context of the overall planning of the Town and in the hands of
professionals. Chairman Dentino also had mentioned this at a previous meeting.
Mr. Annino felt the current method'to be haphazard and drew a diagram of the flow which should
be instituted. In summary the diagram had the group or organization approaching the Town
Manager with its project for presentation to the Board for evaluation. If the project is deemed
worth pursuing the Town Manager would then include necessary Town Departments to provide
pertinent information and feedback.
None.
a. Approval Of Board Of Selectmen Minutes For:
• February 17, 2016
Board Of Selectmen's Meeting March 2, 2016
Page 5 of 10
b. Vote To Approve Warrants:
• Town Vendor Warrant No. 16034T in the amount of $709,031.12
• Electric Department Vendor Warrant No. 16034E in the amount of $32,513.69
• School Department Vendor Warrant No. 16034S in the amount of $323.37
• Town Vendor Warrant No. 16035T in the amount of $1,438,945,37
• Electric Department Vendor Warrant No. 16035E in the amount of $22,305.04
• School Department Vendor Warrant No. 16035S in the amount of $465,533.39
c. Licenses And Permits:
• Consideration Of Drainlayer And Water Installers Licenses For US General, Inc.
• Consideration Of Drainlayer And Water Installers License For J. Hockman, Inc.
• Consideration Of Water Installers And Drainlayers Licenses For Christian & Feck
Development Corp.
• Consideration Of Hackney Carriage License For Already Taxi Subject To Public Safety
Inspection:
o Vehicle 1: 2004 Ford Free Star
o Vehicle 2: 2006 Dodge Caravan
o Vehicle 3: 2004 Ford Free Star
d. Events And Signage
• Consideration Of Banner Request From Mansfield Women of Today — Touch A Truck Event
• Consideration Of Event Application For Arts And Music Festival On North Common
September 17d' And 18th Subject To Public Safety Recommendations
• Consideration Of Event Application And Banner Request For 8 °i Annual Jamie Fund 5K
August 13th Subject To Public Safety Recommendations
• Consideration Of Event Application And Banner Request For 201h Annual Celebration Of
Animals September 24th Subject To Public Safety Recommendations
• Consideration Of Banner Request For Parks And Recreation Karate
Mr. Annino requested that the Karate Banner For Parks and Recreation be removed.
Motion: To approve the Consent Agenda as amended (Annino /Kozlowski) PASSES 5:0
Motion: To discuss the Karate banner for Parks and Recreation (Annino /DelVecchio) PASSES
5:0
Mr. Annino reminded the Town does not accept advertising or sponsorship on banners. After a
brief discussion it was decided to remove the lower left logo on the banner.
Motion: To approve the banner without the smaller logo and Excel Martial Arts wording
(Annino /Aptowitz) PASSES 5:0
Town Payroll /Town Medicaid Payroll 16034PT in the amount of $312,218.02
Motion: To approve Town Payroll /Town Medicaid Payroll 16034PT in the amount of
$312,218.02 (Kozlowski/DelVecchio) PASSES 4:1 Aptowitz NAY
Town Deductions — Vendor Payroll 16034TV in the amount of $99,754.43
Motion: To approve Town Deductions — Vendor Payroll 16034TV in the amount of
$99,754.43 (Kozlowski / Annino) PASSES 5:0
School Payroll /School Medicaid Payroll 16034PS in the amount of $1,494,049.22
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Motion: To approve School Payroll /School Medicaid Payroll 16034PS in the amount of
$1,494,049.22 (Kozlowski /Annino) PASSES 5:0
• School Deductions — Vendor Payroll 16034SV in the amount of $516,132.24
Motion: To approve School Deductions — Vendor Payroll 16034SV in the amount of
$516,132.24 (Kozlowski /Annino) PASSES 5:0
• Town Payroll /Town Medicaid Payroll 16035PT in the amount of $309,696.63
Motion: To approve Town Payroll /Town Medicaid Payroll 16035PT in the amount of
$309,696.63 (Kozlowski /Annino) PASSES 4:1 Aptowitz NAY
• Town Deductions — Vendor Payroll 16035TV in the amount of $100,175.27
Motion: To approve Town Deductions — Vendor Payroll 16035TV in the amount of
$100,175.27 (Kozlowski /Annino) PASSES 5:0
• Letter From Xfinity Cable Regarding Introduction Of Single Professional Installation
Charge
• Letter From The Commonwealth Of Massachusetts Regarding Nomination Of The
Lowney Chocolate Factory For Historical Eligibility
• Letter To The Board From Barbara Howard Regarding Veterans Officer Heath Hobson
Mr. Kozlowski read the letter into the record.
• Letter Of Resignation From Veterans Officer Heath Hobson
Mr. Ross noted Mr. Hobson issued his letter of resignation yesterday and reported his last
day will be March 18th. Mr. Hobson noted he would be willing on an interim basis to
ensure veterans' payments are properly disbursed. Mr. Ross has immediately contacted
Patti Firing, HR Director, to post the position. As it is a Board of Selectmen appointment
Mr. Aptowitz felt a subcommittee should be formed.
Mr. Ross reported a contract is in place to remove the trees at the location where the new highway
garage will be built. The contract is tied into work with removal of trees at the new wastewater
treatment plant expansion in Norton. The contract was separated into two so that the Town knows
what the bids are. Work will commence within the next ten days where the old rubble piles were
located.
Mr. Ross reported that there was an unfortunate incident at the train station today where a
pedestrian was struck At this time Police, Fire, Medical Examiner, AmTrak, Transit and State
Police are all on scene investigating.
Mr. Ross noted that new LED light fixtures have been placed in front of Town Hall. Mr. Ross
noted the cost on LED lights has come down and is looking for the Board's feedback. The hope is
to replace all the lights along North Main Street with these new LED lights. Mr. Ross will also
look for the Light Commission's thought on experimenting with the new fixtures in some
neighborhoods.
Mr. Ross sent out to the Board the Financial Policies that the Town has worked through with the
Division of Local Services. He asked the Board to review for consideration of adoption at one of
the Board's next meetings. Steve Schoonveld, Finance Committee Chair, noted the Committee's
initial feeling is very positive and is looking to adopt at its next meeting. Mr. Ross has also
forwarded the policies onto Superintendent Gianetti. John Stanbrook, Finance Director, worked to
keep the policies to one page in order to be concise and easily read.
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The new Electric Department Manager, Joe Sollecito, began yesterday, March 1st. Mr. Sollecito is
working on meeting with each employee to determine responsibilities within the Department. Mr.
Ross is planning a Light Commission meeting on March 16tH
Mr. Ross has followed up with the members of the Fales Oil Advisory Committee where all but
two members have agreed to stay on. Mr. Ross noted that Charles Woods and Neil Rhein declined.
Mr. Aptowitz would like to see the Committee opened up to applicants outside of the immediate
area. Ms. Whalen will post for the positions. Chairman Dentino would like to see applicants with
expertise.
Mr. Ross stated Safe Routes to School preliminary work will begin in April and that MassDOT,
who is managing the project, has been coordinating with the schools. The bulk of the work is
scheduled while school is out and is planned for completion prior to school opening in the fall.
Mr. DelVecchio apologized for missing the Board's last meeting.
Mr. Aptowitz had read that Sports Authority had filed for bankruptcy and asked what affect that
would have on the Light Department. Mr. Ross will follow up.
Mr. Aptowitz relayed to the public that there is an IRS scam where calls are placed demanding
checks /money orders. He reported that the Mansfield Police are well aware of the scam and have
protocols in place. Mr. Aptowitz asked that residents give no personal information or send any
money and to contact Mansfield Police immediately.
Mr. Aptowitz noted that at the last Budget Sub - Committee there was discussion regarding the date
for Town Meeting. Mr. Aptowitz asked that this be a scheduled agenda item. Mr. Ross is
committed to be out of Town the week of May 15th and asked that Town Meeting not be scheduled
at that time. Chairman Dentino would like to have some type of communication at an upcoming
meeting with the Finance and School Committees.
Mr. Aptowitz noted the task of Police and Fire at the unfortunate incident at the train station today.
Mr. Aptowitz noted Heath Hobson has done a tremendous job for the veterans of this Town noting
his assistance with obtaining medals awarded to his father who was a Korean War vet.
Mr. Aptowitz asked for the status of the Proclamations for Gary Babin and Nick Riccio.
Mr. Kozlowski felt there should be some type of recognition for Mr. Hobson.
Mr. Kozlowski attended the first Xfinity Center license meeting on Wednesday, February 24tH
where Jeff Mann, General Manager, gave a presentation with preliminary discussions on working
to reduce transports.
Mr. Kozlowski attended the GATRA Transit meeting where the highlights for Mansfield included
a proposed route from the train station to Plainridge as well as the connector that goes from
Wheaton to the train station and perhaps including Cabot Park, Mr. Kozlowski suggested that the
Town contact HR Departments in the Cabot Park area with regards to transit needs.
Board Of Selectmen's Meeting March 2, 2016
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Chairman Dentino asked about the tree clearing at the new Municipal Complex in conjunction
with the wastewater treatment plant and asked if the water department was included. Mr. Ross
reiterated it is only in the area of the infiltration basins will be at the plant in Norton and the
clearing of the area behind the existing highway garage and to the west of the water building. The
Chairman asked for the difference in area to which Mr. Ross noted more is being cleared in
Norton, due to the owner of the site (prior to the MFN) logged off the good timber leaving scrub
where on the highway site the trees are more mature and salvageable, which is why that cost was
lower. The Chairman asked of a percentage of that is taken and charged against the bond for DPW
and then another charge against the Enterprise for wastewater. Mr. Ross confirmed the MFN will
be paid from the project cost of the expansion and the cost of the trees will be against the bond.
Chairman Dentino asked for the status of the bubbling on the Mural as he noted when he recently
visited the wall he could no longer see any. Mr. Ross noted the Committee contacted a
professional in Rhode Island on how to address the issue but is unaware that any work has been
done.
Chairman Dentino would like to see a concerted effort made to develop the old landfill with solar
panels. It was his feeling that not a lot of work would be required with much benefit as it could
feed the entire school system. Mr. Ross reminded the Town took proposals to put solar panels on
that landfill and in the midst of analyzing the proposals the value of the tax credits dropped
precipitously. It was noted the successful (low) bidder came back raising the price where the Light
Commission's decision was to redo that, which Mr. Ross was working with Gary Babin on. Mr.
Ross stated that now that the Federal credits have been reinstated he will speak with Joe Solecito,
new MMED Director, about getting that proposal out again. Two things to consider are: 1) rent
charged on the land itself, if the Town charges more than that the cost for kw per hour will be
higher, so there needs to be a balance and 2) if the Town dedicates that all power will be generated
for public buildings, if the cost of that power is lower than what the Town can go out and buy it on
the open market the general customers of the system are not benefitting which will be a policy
decision for the Commission.
None.
Executive Session Under Exception No. 3, M.G.L. Chapter 30A, Section 21 — To Discuss Strategy
With Respect To Collective Bargaining With
• Mansfield Permanent Firefighters Local 1820, International Association of Firefighters
Board Of Selectmen's Meeting March 2, 2016
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• American Federation Of State, County And Municipal Employees, AFL -CIO, Council 93,
Local 1702, Department of Public Works
• American Federation Of State, County And Municipal Employees, AFL -CIO, Council 93,
Local 1702, Mansfield Municipal Electric Department
As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town
And The Chair So Declares
Motion: To enter into Executive Session (Kozlowski / Aptowitz) Kozlowski (AYE), Aptowitz
(AYE), Annino (AYE), DelVecchio (AYE) and Dentino (AYE) PASSES 5:0
Board Of Selectmen's Meeting March 2, 2016
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