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HomeMy WebLinkAboutBOS MINUTES 04-20-2016Board of Selectmen Minutes April 20, 2016 Present: George Dentine, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk; Doug Annino; Frank DelVecchio and William Ross, Town Manager. Chairman Dentino called the meeting to order at 7:00p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. Motion: To open the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0 Mr. Ross reported that Dutton Drive has not had its final lift of pavement completed and it is not expected to be completed prior to Town Meeting. There has been no punch list created and it is Mr. Ross' recommendation to hold this item for the next Town Meeting. The Board decided to take no action. Motion: To close the Public Hearing (Kozlowski /DelVecchio) PASSES 5:0 Mr. Kozlowski read the Public Hearing notice into the record at 723nm Motion: To open the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0 Mr. Ross reported the same situation exists here as with Dutton Drive therefore he has the same recommendation. Mr. Aptowitz asked that the builder be allowed to speak. Jay Zola, builder, approached the Board, reporting that all houses are complete and have been occupied since last winter. Mr. Zola is scheduled to pave on Friday, April 22nd and has walked the property with Mike Ahern, Buildings and Special Projects, Mr. Zola would like to proceed with the approval process, noting if there are any issues he will withdraw the Article from Town Meeting. Chairman Dentino reminded that there is a process in place where Town professionals are to submit a punch list of the items to be completed, which at this point the Board has not received. He also reminded of the issues the Board had last year with Lincoln Place. The Chairman felt the Board needed to complete its due diligence and have a punch list completed. Mr. Zola explained that he has had verbal feedback from the Town and has completed the majority of the work other than paving and landscaping as that cannot be completed until after paving. Board Of Selectmen's Meeting April 20, 2016 Page I of 8 oil1 / Mr. Kozlowski read the Public Hearing notice into the record at 723nm Motion: To open the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0 Mr. Ross reported the same situation exists here as with Dutton Drive therefore he has the same recommendation. Mr. Aptowitz asked that the builder be allowed to speak. Jay Zola, builder, approached the Board, reporting that all houses are complete and have been occupied since last winter. Mr. Zola is scheduled to pave on Friday, April 22nd and has walked the property with Mike Ahern, Buildings and Special Projects, Mr. Zola would like to proceed with the approval process, noting if there are any issues he will withdraw the Article from Town Meeting. Chairman Dentino reminded that there is a process in place where Town professionals are to submit a punch list of the items to be completed, which at this point the Board has not received. He also reminded of the issues the Board had last year with Lincoln Place. The Chairman felt the Board needed to complete its due diligence and have a punch list completed. Mr. Zola explained that he has had verbal feedback from the Town and has completed the majority of the work other than paving and landscaping as that cannot be completed until after paving. Board Of Selectmen's Meeting April 20, 2016 Page I of 8 Mr. Zola asked that this hearing be continued until next week. The Chairman asked Mr. Ross to obtain a punch list prior to next week's meeting from Town staff. Motion: To continue the Public Eric Correira has been a resident for the past six years and presently works as a trusted estate attorney. Mr. Correira was recommended by a current member of the ZBA to apply for the alternate position opening. Mr. Correira noted that his parents have always been actively involved in their community and he would like to carry that forward. Mr. Annino noted the importance of community involvement and felt Mr. Correira to have a strong background and would be a great fit for the ZBA. Mr. DelVecchio thanked Mr. Correira for volunteering. Mr. Kozlowski commented how nice it is to see an applicant who regularly attends Town Meeting. Since this is an alternate position Mr. Kozlowski felt it would be a great way to learn the ropes of the committee having himself served on the ZBA. Mr. Kozlowski looked for assurance that Mr. Correira is comfortable with saying no to which he noted he was. Both Mr. Aptowitz and Chairman Dentino thanked Mr. Correira for putting forth an application. Motion: To appoint Eric Correira to an unexpired three year term as an alternate member to the Zoning Board of Appeals to expire January 1, 2018 (Aptowitz/DelVecehio) PASSES 5:0 r . ` �,iY tcf ' >In � � . � iii�l� •�eY��_.. „gin rcu �, .” n�nnoX.uurr R�L�Hf.LL���Y_.£B(�I I�iN11Xi511� Present before the Boatel is Velerio Romano. attornev for CommCan. Inc Mr. Aptowitz asked if the group has discussed its presence with any area businesses within the industrial park to which Mr. Romano noted the landlord at the location has been in Town for many years and has written a letter of support. With regards to its non - profit status Mr. Aptowitz asked why that is to which Mr. Romano explained it is a requirement of the 2012 law. Mr. Aptowitz furthered by asking if that affects insurance to which Mr. Romano noted they would be required, under the regulations, to obtain insurance in the amount of $2 million aggregate ($1 million per occurrence). Mr. Kozlowski asked if Chief Sellon was able to gather any further information to which it was reported he did not. Mr. Kozlowski commented that he did not feel that Town Meeting approval of zone where a dispensary could go was evidence of support, as a local bylaw prohibiting dispensaries entirely would not be legal. Mr. Annino asked what assurances the Town has that CommCan, Inc. will pay taxes to which Mr. Ross explained it will be written into the Agreement between the Town and CommCan, Inc. as well as an initial fee charge and percentage of sales as documented from other agreements. Mr. Annino asked if justification was needed in terms of the charge to which Mr. Ross stated not that he has found and is what is being done in other communities with dispensaries. Mr. Annino would like to see those charges quantified. Mr. DelVecchio understood that a Chapter 189 profit is subject to taxation to which Mr. Romano agreed stated CommCan, Inc, will not petition for a tax break and therefore will be subject to Board Of Selectmen's Meeting April 20, 2016 Page 2 of 8 property and real estate taxes. Mr. DelVecchio asked how many more communities CommCan, Inc. will be presenting to which Mr. Romano noted there has been a discussion among the group about presenting to Leominster depending on how this went. Mr. DelVecchio has given this a lot of thought where the idea of medical marijuana is a much more accepted concept. What has struck him most is that this is something that clearly should be regulated yet it is not. Mr. DelVecchio has faith in the Town's staff and this Board to come up with a solid host agreement. The Chairman's goal this evening is to get this to a vote. He felt that CommCan has provided a wealth of information with regards to the facility, security and process of entering. Fire Chief Neal Boldrighini is before the Board where he and some of his staff were able to secure a tour of the Brockton facility noting it was exceptionally clean and blended in the with the area with no outward markings. The group witnessed 73 cameras on site with incredible detail in the control room. The Chief walked the Board through the process of a patient entering the facility and the process of purchasing product. The Chief and his department's main concerns lie with the hazards presented with a facility of this type as well as the security and protection. The Brockton facility did have a cultivating aspect, which CommCan will not. The Chief spoke to his concerns of patients who are truly sick which would tax the Fire Department's resources with increased runs. Chairman Dentino greatly appreciated Chief Boldrighini touring the Brockton facility but felt to turn this down would be a disservice to those searching for assistance. The Chief's purpose is only for the Board to understand the ramifications which the Town would need to prepare for. Mr. Kozlowski reminded that if there is an increase in the number of runs that could be worked into the host agreement and should be easily determined. Mr. Annino noted that was done with the Plainridge Agreement. Chief Boldrighini compared the existence of CommCan to other high end users such as residential facilities for elder care where he felt it could be as many as 40 — 50 runs per week and is only an estimate. Motion: To send a Letter of Support, utilizing Template A, authorizing the Town Manager to sign, to operate a Registered Marijuana Dispensary in Mansfield (Annino /Kozlowski) PASSES 4:1 Aptowitz NAY comment to which there was none. Present before t CIP Committee. Mr. Feck reported the Capital Budget to be $9,319,518 and broken out as follows: Town Cleric: $30,000 Voting Booths /Tables /Signage (Free Cash) DPW Buildings: Plymouth Street Fire $90,000 Improvements (Free Cash) Police $87,000 Replace Vehicle, Guns and Pop Cruiser (Free Cash) Mr. Aptowitz is a big supporter of Public Safety and took issue with the additional vehicles. Mr. Ross explained the Pop Cruiser as an unmarked vehicle and would be of assistance as there is not another vehicle like this in the fleet. With regards to the L2 vehicle, he stated that previously there were two Lieutenants that shared a vehicle and now there are three Lieutenants with three vehicles and took issue with that. Mr. Ross noted the Lieutenants are all on call but Mr. Aptowitz, will not Board Of Selectmen's Meeting April 20, 2016 Page 3 of 8 support this. Mr. Feeley noted CIP did review and questioned Chief Sellon. Mr. Feck noted that within the Chief's presentation it was explained the Department is trying to redefine how calls are answered and service the community better. Mr. Feeley noted that CIP is complete with its process in December and would be happy to come in to present to the Board so that it can challenge a request and have time for an ample resolution. Mr. Feck had to leave at this portion of the meeting 824pm. Fire $216,649 Resuscitation Equipment, Squad Replacement, Stretcher Defibrillators and Radio Antennae Upgrade Mr. Aptowitz asked for more information regarding the replacement of Squad 1 to which Chief Boldrighini explained it is a relatively old piece of equipment, a brush truck, slated for replacement for a couple of years. Chairman Dentino asked for the money source for the North Main/Oakland Traffic Improvements to which Mr. Feeley noted it is a MassWorks Grant of $2.3 million. Mr. Feeley explained to the Board that the idea of the Committee was to maintain the balance it's tried to implement in recent years and to look at the requests that are the most urgent needs (referencing Public Safety first). The Committee attempts to have as much balance and not neglect any area that may cause hardship down the road. Mr. Feeley commended the work of Department Heads in requesting needs and planning appropriately for five years down the road. Mr. Ross felt the entire process has been upgraded from what it was six years ago. Mr. Ross noted there is a plan to consolidate long term plans for both Municipal and Schools. The Board suggested looking at how other communities lay out five to ten year projections for formatting purposes. Mr. Ross noted at an earlier CIP meeting this evening there was a change involving the district wide doors for the School Department as the Department has requested that it be relabeled as Jordan/Jackson WiFi. The Schools have applied for ERate Funding to assist with the appropriation. Mr. Aptowitz left at the end of this discussion 8:55PM F LP P-M Mr. Ross noted this is a requirement of DEQ. Mr. Kozlowski asked if this were based on current water conditions to which Mr. Ross noted it is not. Motion: To approve the 2016 Summer Water Restrictions from May 1, 2016 through September 30, 2016 (Aptowitz/DelVecchio) PASSES 4:1 Kozlowski NAY The Board took up the remainder of the Warrant Articles: Article 5 — Pupil Transportation Motion: To support (DelVecchio /Annino) PASSES 4:0 Article 6 — FY16 Budget Adjustments Motion: To support (DelVecchio /Annino) PASSES 4:0 It was noted that the total being moved around is $331,000. Article 7 — Unpaid Prior Year's Bills Motion: To support (Kozlowski /Annino) PASSES 4:0 Article 8 Withdrawn Article 9 — FYI Triennial Revaluation Motion: To support (Kozlowski /DelVecchio) PASSES 4:0 Article 10 - Nine Year Cyclical Property Inspections Motion: To support (Kozlowski /DelVecchio) PASSES 4:0 Board Of Selectmen's Meeting April 20, 2016 Page 4 of 8 Article 11 — Capital Improvements Motion 1: To support (Kozlowski /Annino) PASSES 4:0 Motion 2: To support (Kozlowski /Annino) PASSES 4:0 Motion 3: To support (Kozlowski /Annino) PASSES 4:0 Motion 4: To support (Kozlowski /Annino) PASSES 4:0 Motion 5: To support (Kozlowski /Annino) PASSES 4:0 Motion 6: To support (Kozlowski /Annino) PASSES 4:0 Motion 7: To support (Kozlowski /Annino) PASSES 4:0 Motion 8: To support (Kozlowski /Annino) PASSES 4:0 Motion 9: To support (Kozlowski /Annino) PASSES 4:0 Article 12 — Accept Ch. 73, S.4 — Real Estate Tax Exemptions Motion: To Support (Kozlowski /Annino) PASSES 4:0 Article 13 — FY 17 MGL Chapter 44 Section 53E1/2 Annual Reauthorizations Motion: To Support (Kozlowski /Annino) PASSES 4:0 Article 14 — General Fund OPEB Liabilities Trust Fund Transfer Motion: To Support (Kozlowski /Annino) PASSES 4:0 Article 15 Withdrawn Article 16 — Stabilization Fund Transfer Motion: To Support (Kozlowski /Annino) PASSES 4:0 Article 17 — Future Payment Of Accrued Liabilities For Compensated Absences MGL Adoption Motion: To Support (Kozlowski /DelVecchio) PASSES 3:1 Dentiono NAY Article 18 — Conservation Acceptance Of Map 14, Parcel 20 Motion: To Support (Kozlowski /Annino) Discussion: Mr. Kozlowski is concerned with the term "passive" recreation which would place restrictions on what can and cannot be done there and the lack of flexibility NO POSITION 2:2 Dentino, Kozlowski NAY Article 19 — Amend 60 -6 — Order Of Articles In Warrant Motion: To Support (Kozlowski /Annino) Discussion: Mr. Kozlowski asked if this were to pass would it become less flexible than the current process to which Mr. Ross did not feel so. NO POSITION 2:2 Dentino, Kozlowski NAY Article 20 — Cadet Appointments Discussion: Mr. DelVecchio felt this to have budgetary and policy implications and reiterated his concern from a few weeks ago as to why the Board is looking at this now. Chief Sellon was present to explain the Article to the Board. What he is proposing is as the Department moves through the Regionalization process it will be subtracting 9 full -time employees and as those employees do a number of ancillary duties at a certain rate he would like to implement a Cadet Program. Cadets would man the front desk of the Public Safety facility and perform certain functions typically handled by those employees. The Chief projects estimated total annual savings to be $150,000. Mr. Feeley noted the Finance Committee supported the Article. Mr. DelVecchio asked if this money is budgeted for this year to which Mr. Ross explained this would not be undertaken for several years, until the new Dispatch Center is operational (F18- FY19). Mr. Aninno noted he does not support added personnel and was never under the impression that the Town would be adding $150,000 in personnel. Mr. DelVecchio recognizes the Chief's vision noting it would be nice to have the Board updated in order to ask questions and support. Mr. Feeley noted this is only creating the ability. Motion: To Support (Kozlowski /DelVecchio) PASSES 2:02 Annino, Dentine ABSTAIN Article 21 Withdrawn Article 22 — Access And Utility Easement — Public Safety Complex Motion: To Support (Annino /Kozlowski) PASSES 4:0 Article 23 — Housing Corp — 10 Columbine Motion: To Support (Kozlowski /Annino) Discussion: Mr. Kozlowski noted that one house goes a long way towards the Boards affordable housing. PASSES 4:0 Article 24 — Electric Easements Motion: To Support (Kozlowski /Annino) PASSES 4:0 Board Of Selectmen's Meeting April 20, 2016 Page 5 of 8 Article 26 — Audit Committee I Motion: To Support (Annino /Kozlowski) Mr. Aptowitz returned to the meeting at 10:13pm. Discussion: Historically the Board does not take positions on Citizen Petition but Mr. DelVecchio felt this should be discussed as it is an Article that directly impacts the Board of Selectmen and its representation of the Audit Committee and also is an Article that circumvents a vote taken by the Audit Committee. It was noted the Finance Committee did not take a position. Mr. DelVecchio explained the Audit Committee had its reorganization in January, 2016 electing James Ragazzo as Chairman. Subsequent to that Mr. Ragazzo proposed to expand the Committee through two additional appointed members. That vote before the Audit Committee was 2:2 with one member absent. Mr. Annino withdrew his previous motion. The Board took up Article 26 again. Article 26 — Audit Committee I Motion: To Support (DelVecchio /Annino) FAILS 0:4:1Kozlowski ABSTAIN Article 29 — Audit Committee II Motion: To Support (DelVeceho /Annino) FAILS 0:4:1 Kozlowski ABSTAIN Creamery • Consideration Of Drainlayers License For • J &T Excavating Co. • North Light Construction, Inc. • Consideration Of Water hrstallers License For North Light Construction, Inc. d. Events And Signage Consideration Of Live Entertainment License And Fee Waiver Request For License and Tent For The St. Baldrick's Childhood Cancer Fundraiser, April 30t1i e. Proclamations • Consideration Of Proclamation For American Lung Association's Women's Lung Health Week, May 9th • Consideration Of Proclamation For Benjamin Joseph Mochi For Achievement Of Rank Of Eagle Scout, May 7th Motion: To approve the Consent Agenda removing the Board of Selectmen Meeting Minutes from April 13 (DelVecchio / Aptowitz) PASSES 5:0 • Town Payroll /Town Medicaid Payroll 16042PT in the amount oi' $303,086.80 Board Of Selectmen's Meeting April 20, 2016 Page 6 of 8 Motion: To approve Town Payroll /Town Medicaid Payroll 16042PT in the amount of $303,086.80 (Kozlowski /DelVecchio) PASSES 5:0 Town Deductions — Vendor Payroll 16042TV in the amount of $94,989.64 Motion: To approve Town Deductions — Vendor Payroll 16042TV in the amount of $94,989.64 (Kozlowski /Aptowitz) PASSES 5:0 School Payroll /School Medicaid Payroll 16042PS in the amount of $1,562,450.83 Motion: To approve Town Payroll /Town Medicaid Payroll 16042PS in the amount of $1,562,450.83 (Kozlowski /Aptowitz) PASSES 5:0 School Deductions — Vendor Payroll 16042SV in the amount of $532,862.03 Motion: To approve Town Deductions — Vendor Payroll 16042SV in the amount of 532,862.03 (Kozlowski /Aptowitz) PASSES 5:0 None — All Correspondence received was in regards to proposed medical marijuana dispensary and has been incorporated in that section. Mr. Ross reported on the Main Street paving project noting: milling completed on April 6th and working on full depth repairs of the pothole areas (by April 25th) with leveling course to go April 28th and 29th and continue with adjustments of casting holes and final lift to be completed at night and tentatively scheduled for mid -May. Mr. Aptowitz has received numerous calls as this project was initially reported to take only two weeks. Mr. Ross reminded of the issues involved with the work completed by the gas company. Chairman Dentine, complained about the saw cuts not being feathered out. Mr. Ross reported on the Safe Routes to School Project where the contractor will be working over school vacation to complete underground work with storm sewers. Beginning April 25'h work will begin on shoulder work consisting of removal and replacing of curbings and limited road widening (will begin on East side and move toward Ware Street). Mr. Ross received an email from Paul Mission of SRPEDD announcing public outreach meetings in regards to Route 140 Transportation Study. This will affect the communities of Foxboro, Mansfield and Easton. The public meetings will be held: Monday, May 16th 4:00pm — 7:00pm at Boyden Library in Foxboro Monday, May 23`1 4:00pm — 630pm at the Norton Public Library in Norton Tuesday, May 24th 4:00pm — 7:00pm at the Mansfield Public Library in Mansfield No comments from the Board this None. Vote To Enter Into Executive Session And Not To Re -Enter Open Session According To M.G.L. Chapter 30A, Section 21, Exception 3, To Discuss Strategy With Respect To Collective Bargaining With • Mansfield Permanent Firefighters Local 1820, International Association of Firefighters As An Open Meeting May Have A Detrimental Effect On The Bargaining Position Of The Town Board Of Selectmen's Meeting April 20, 2016 Page 7 of 8 v Vote To Approve Executive Session Minutes 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 • 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 1702Mansfield Municipal Electric Department As An Open Meeting May Have A Detrimental Effect On The Bargaining Position And The Chair So Declares To Adjourn In Executive Session (Kozlowski /Aptowitz) DelVecchio (AYE), Annino (AYE), Aptowitz (AYE), Kozlowski (AYE), Dentin (AYE) PASSES 5:0 at 10:47pm a Signature /tdw Board Of Selectmen's Meeting April 20, 2016 Page 8 of 8 _/ ( �j'C � Date