HomeMy WebLinkAboutBOS MINUTES 04-13-2016Board of Selectmen Minutes
April 13, 2016
Present: George Dentino, Chairman; Jess Aptowitz, Vicer11 hairirigri; 'ol �ieFY�� �ewski, Clerk;
Doug Annino; Frank DelVecchio and William Ross, Town anager.
Chairman Dentino called the meeting to order at 7:00p.m. The ChairmoATerflibded everyone that
the meeting is being broadcast live and taped for future broadcast on Mansfr'e}d16ble.
Dana Hourigan, 15 Evans Circle, will be recording tonight's meeting.
Attending this evening are members from Boy Scout Troop 51 who are working towards their
citizenship. community merit and communication badges.
Michael Raymond is a finalist for the position of Veterans' Service Officer and has been recently
nominated for Service Officer of the Year. Mr. Raymond has worked for the Department of
Massachusetts VFW for the past year as well as working for the Disabled American Veterans as a
service office. Mr. Raymond was in the US Army JAG Core for 10 years, stationed in Germany
and Korea and was in the first Gulf War. He felt he could be a good advocate for veterans in the
Town and he is proud to be a combat and disabled veteran.
Mr. DelVecchio reminded that prior to this evening's meeting Mr. Raymond has been interview by
both Mr. Ross and Patti Firing, HR Director. Mr. DelVecchio noted that Mr. Raymond's
reputation precedes him and wished him well.
Mr. Annino felt Mr. Raymond's resume to be daunting as his accomplishments are extraordinary.
He thanked Mr. Raymond for his service was thrilled to see someone of this caliber wanting to
assist veterans in Town.
Mr. Kozlowski thanked Mr. Raymond for his service and agreed that his background is quite
impressive.
Mr. Aptowitz trusted Mr. Ross' and Ms. Firing's recommendation and looked forward to working
with Mr. Raymond.
Chairman Dentino felt Mr. Raymond will do well here.
Motion: To appoint Michael Raymond to the position of Veterans' Service Officer
Valerio Ramano, counsel, is present before the Board representing his client CommCan, Inc. a
Chapter 180 Massachusetts non - profit that is applying to site a registered marijuana dispensary in
the Commonwealth and are looking at Mansfield for a possible location. CommCan's Board of
Directors includes:
Board Of Selectmen's Meeting April 13, 2016
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Ellen Rosenfeld (President), Dr. Donna Berry (Clerk), Annette Cazenave (Treasurer), Dr. Joel
Frost, Mark Ferzocom Marc Rosenfeld (CEO /CFO), Dr. Phuli Cohan (Chief Medical Advisor),
Barbara Lawrence (Chief Operations Officer), James Sipe (Head of Cultivation) and Valerio
Romano (Chief Compliance Officer),
Marc Rosenfeld, CEO of CommCan, Inc., noted CommCan, Inc. is a home grown group with no
outside investors or advisors.
Mr. Romano has worked in the medical marijuana industry in the Commonwealth since the law
was adopted in 2012. He also has experience in California where the law was adopted 20 years
ago. Mr. Romano noted that what stands out from the Massachusetts process as compared to
California is that the Massachusetts program is truly a patient focused program of helping people
with debilitating conditions (MS, cancer). To qualify to be treated a patient and receive a medical
marijuana card must have a licensed Massachusetts physician reviewing each patient's file /history,
have an ongoing relationship with the physician and in the physician's determination the patient
must have a debilitating condition. Mr. Romano noted this is approximately 1% - 2% of the
population.
The group went through a presentation which has been made a part of the record. Highlighted, was
the following:
• RMD Application Process
o Law passed in 2012 by 63 %, not a lot of detail so Public Health Counsel and
Department of Public Health (DPH) held listening sessions over course of seven
months. From that 50 pages of regulations accompanied the five page law. These
regulations are what govern the way a company has to operate as well as interfacing
with the host community, which also governs how the company has to operate.
o Under the Patrick Administration (2013 -2014) there were 181 applications
submitted and out of that 12 groups made it through for 15 registrations.
o Governor Baker reopened the program in June, 2015 where there are approximately
170 applications for dispensaries throughout the Commonwealth all at varying
stages of the process.
o Three phases to the process: application of intent, management and operations
profile and siting profiles
• CommCan has submitted three applications to DPH
• Towns of Medway, Millis and Southborough have given letters to operate
• DPH invited CommCan to submit third phase for each application, which
has been submitted for Southborough and Millis locations
o CommCan, Inc. is looking for either a letter of support or non - opposition this
evening. It was noted that all cultivating will be through the Medway location.
• Security
• DPH regulations on security are voluminous and promised that CommCan will
exceed those regulations in build out and in operating dispensaries
• Medical marijuana card is issued through the DPH (proof of debilitating condition
from licensed MA physician)
• Process of entering dispensary (patient /caregiver experience) would include:
a)proof of identification prior to entering (through glass or camera) to security
agent who will always be on site, b)let in to secure vestibule (locked door) where
two forms of identification are required (checked live with DPH), if dispensary is
not online it cannot sell and must close until it is back online — real time connection
Board Of Selectmen's Meeting April 13, 2016
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is required, c)buzzed into dispensary (acknowledgement required and Mansfield
has input to rules), d)consultation with professional to provide accurate product to
patient needs (compared to jewelry store transaction)
o No on -site consumption allowed and no loitering
o Welcome oversight from Mansfield Police Department
o All employees wear ID badges
o Back of the house stores marijuana and cash transactions (Century Bank in
Medford processes deposits daily)
o Every inch inside and out have security cameras which can store faces and license
plates as well as alarms and panic buttons — no incidents have every been reported
to date
o Dispensing of medication only
o Commonwealth created two new crime laws: if a registered patient distributes to
someone else it is a 6 month crime and if dispensary worker distributes for
non - medical purposes it is a 5 year crime.
Zoning
• When medical marijuana use arrived on scene Mansfield came up with thoughtful
zoning determining it would go within the Cabot Industrial Park
• DPH restricts 500 feet from school or place where children congregate, no
restrictions in terms of residential zoning
• Mansfield went much more restrictive: 1,200 feet for public and private schools,
1,200 from daycares and for every residential zone /use 1,000 ft buffer
Benefits to Mansfield:
• Retail Jobs: 10 -15 full -time jobs
• Gifts: Community Host Agreement that would provide additional benefits,
including regular payments beyond local taxes (impact type fee)
• Taxes: CommCan commits to paying property taxes, despite its non - profit status
• Regulation: unregulated "hardship" cultivation currently authorized under state
law will end as CommCan will serve that patient need
• Control: DPH regulates security, however, Mansfield Police and Town
Departments will be allowed as much oversight as they wish
• Access: access to safe and reliable medicine for patients of area
• Responsibility: CommCan is comprised of local professionals who have
undergone 2 background checks and DPH scrutiny
Letter of Support or Non - Opposition
o Just one step in the application process with DPH
o CommCan must still
• Pass Siting Profile, obtain Provisional Registration
• Undergo architectural and security review
• Build out location and be inspected again
• Undergo continuous surprise and scheduled inspections
o At the Mansfield level
• Host Community Agreement (Board of Selectmen)
• Special Permit (Planning Board)
• Renewable every two years
Mr. Annino questioned the following:
• Other locations: Brockton, North Hampton, Ayer, Brookline, Salem and Lowell
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• Sizing: dispensing can go anywhere 1,500 sq, ft. from 4,000 sq. ft. — given level of
regulation all provide same retail experience
• Employees Per Shift: 5 — 7 in dispensary per shift but is based on number of patients
• Customer Limit: will work with Town on limit. Noted some Towns implement
Appointment Only, which is difficult as patients may arrive and then try to make an
appointment. CommCan will work with the Town to make this work (referencing
certificate of occupancy) but did not picture more than 10 patients in dispensary at one time
but completely dependent on patient population.
• Hours of Operation: Zoning By -Law has 8:00am to 8:00pm and would not exceed that.
Typically addressed at Special Permit Process. Explained Southborough conditioned that
hours were maintained through an ongoing conversation with Police and not to exceed
8:00am — 8:00pm. Would like to provide access seven days a week. Ellen Rosenfeld,
President, noted discussions of hours were to start six days a week 8:00am to 6:00pm and
would be typical retail hours.
• Ascetics: no outward appearance that it is a marijuana dispensary per DPH guidelines, no
reference to health or medicine. Ms. Rosenfeld informed the Board they are developers
and are all about design and look. Mr. Annino looked for assurance that the building
blended with the character of the park.
• Average Transaction: average is an eighth to three quarters of an ounce depending on
patient. Cost wise average transaction is $50.00 and that is the data coming from the
Commonwealth from the dispensaries that are currently operational.
• Cut -Off on Facilities: Initially in 2013 there was a minimum of one per county with a
maximum of five, with maximum of 35 throughout the Commonwealth. That has since
evaporated where there is currently no limit. The thought is 75 — 80 over the next two
years. Under Baker administration it is a market based process.
Mr. Aptowitz questioned the following:
• Estimated Daily Number of Customers: In the range of 50 patients with caregivers
(includes deliveries).
• Delivery Process: This would eliminate Hardship Cultivation. Deliveries would be from
unmarked vehicle with welded compartment, two employees, GPS monitored with live
phone call to point of origin. Deliveries will originate at the cultivation facility only.
Cannot keep same route and must have real time access to DPH to verify transaction and
identification. CommCan is committed to service those patients in the vicinity where it is
located but do not intend to advertise a phone number. It was noted that if a patient is
unable to access the dispensary the first priority is to designate a caregiver (separate
program identification care required).
• Refills: State maximum for every 60 days is 10 ounces (breaks down into infused products
entirely differently). Doctors can specify lower amounts.
• Patient Using All Product: Gets back to diversion but referenced it would be the same with
a prescription of oxycodone filled through pharmacy. Medical marijuana is only medicine
based program that actually takes it into account by creating guidelines and new
classifications of crime.
• Site Specific: Lot is currently a non - conforming lot and a variance would be needed by the
Zoning Board of Appeals. Applicant does not need to present a specific site.
• Have Towns Said No: Hopkinton said no but mainly due to not having a defined property
and while an applicant does not need a property CommCan learned it benefits to have one.
Board Of Selectmen's Meeting April 13, 2016
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Mr. Kozlowski questioned the following:
• Century Bank: Is it the only bank accepting deposits to which it was noted they are the only
bank. Century Bank has spent an extraordinary amount of money on creating the
compliance program and would be hard pressed to just stop and not recoup its expenses.
Mr. Rosenfeld furthered more and more banks are watching Century and trying to figure
how to be part of it.
• Zoning: Questioned if CommCan would be able to maintain a continued presence if a new
business opened (ie daycare) within one of the restrictive "bubbles ". Mr. Rosenfeld
explained with a Special Permit in hand CommCan would be grandfathered protected use.
It was noted by Mr. Romano that the DPH is deferential to the host communities Zoning
By -Laws.
• Status of Property: Waiting for Board of Selectmen's decision to put in an offer and would
then need to apply for a variance from the Zoning Board of Appeals and a Special Permit
from the Planning Board. Mr. Rosenfeld noted that a Letter of Support or Non - Opposition
is just the beginning of the process.
• Retail Status: CommCan has used the word "retail" in describing its business yet retail is
not allowed within the Industrial Park. Mr. Rosenfeld stated CommCan will comply with
local zoning but questioned if a pharmacy falls under retail use.
• Host Community Agreement: Renewable every two years per Special Permit process.
• Quantity: Can that be negotiable within Host Agreement to which Mr. Romano noted it
can be a condition of the Special Permit but noted if the quantity is limited it could create
more visits per patient. It was clarified that patient cards lapse annually requiring
re- registering with the physician on top of ongoing visits.
E Mr. DelVecchio questioned the following:
• Patient Cards: Is there a charge to which Mr. Romano noted a $100 fee which in certain
cases of hardship the fee can be waived.
• Experience: At this time CommCan has no operational facilities but takes pride that they
are local and following the Commonwealth's program. Mr. Romano reminded that Jamie
Sipe, master grower, is on CommiCan's Board. Mr. Sipe has an abundance of experience
in the industry.
Mr. DelVecchio commented he found it striking that in an industry that seems highly regulated it
is applying free market industry principles. Mr. DelVecchio also reminded that the medical
marijuana referendum for the State in 2012 passed by 63% of the vote and in Mansfield as well.
Mr. DelVecchio felt it was clear in the language of the law that it would be siting facilities.
Bill Siegel, resident, read a letter of opposition, which has been made a part of the record. Mr.
Kozlowski asked if recreational use were to be legalized how would that change CommCan's
business model to which Mr. Romano stated it would not change due to 1) CommCan is a Chapter
180 non - profit and must act for its non - profit purpose, 2) special permit will undoubtedly state the
use that is allowed at that location and 3) business plan does not need recreational to exist. Mr.
Delvecchio asked Mr. Siegel who exactly he is representing to which he answered the daycare and
area neighbors.
Ed Underwood, resident, approached the Board, noting has a son who has intractable epilepsy and
( has been on a CDB trial for the past year. Mr. Underwood was appreciative of the information but
still has questions before he would like to see a dispensary in Mansfield. Mr. Underwood asked
Board Of Selectmen's Meeting April 13, 2016
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how involved CommCan would be in the manufacturing process. Mr. Rosenfeld noted there are
no wholesalers or secondary market so every applicant becomes a producer (seed to sale and
everything in between). Mr. Rosenfeld noted the facility in Medway will have commercial
kitchen. Mr. Underwood asked if most patients are buying a 60 day supply in one shot to which
Mr. Rosenfeld explained from current feedback it does not appear that way as the patient realizes it
has access. Mr. Romano noted this is a leap of faith on the part of the Rosenfelds as they have a
back story and really want to help the patients of the Commonwealth. There is no certainty as to
how many dispensaries there will ultimately be and some are struggling. Mr. Rosenfeld noted its
important to have medical professionals but business professionals as well. Mr. Rosenfeld did not
CommCan is in a better position than most as they are builders and able to recapture a lot of the
expenditures.
Police Chief Sellon provided the Board his opinion where one thing he is sure of is the program
Mansfield police has put in place over the past three years focusing on the crime triangle: potential
victims, potential offenders and potential opportunity /location. The Department also focuses on
crime generators and crime factors and allowing a dispensary in Town will increase all of those
factors and will have a perceptible impact on public safety and to what degree would depend on
size of facility, number of patients and product moved. The Chief felt the introduction of more
substances at this time, given the opioid epidemic does notjive with what we are trying to do. The
Chief recognizes that it is the Board's decision. Mr. Kozlowski asked if it would be useful to hear
from Chiefs in communities where dispensaries are operational. Mr. DelVecchio felt the
suggestion to be worthwhile, suggesting Southboro, Medway and Millis.
Chairman Dentino asked Chief Sellon what his main concerns to be which he noted access to
security information and governance agreements but felt the more transparency the better he
i
would feel. Mr. Rosenfeld commented that his brother was an officer with the Millis Police and
that he does not take the Chief's views lightly at all. Mr. Rosenfeld stated that in terms of access
and what the Chief needs, CommCan will be 100% transparent and is a pledge. Ms. Rosenfeld
stated that if CommCan were to receive a letter of support and everything were to go to plan it will
not sell its first package for about a year and a quarter allowing for more data and operating
proactively rather than reactively. Mr. Romano furthered that their facility will be completely
open to the Mansfield Police Department.
Chairman Dentino felt it important that all residents who voted had a chance to weigh in.
Mr. Kozlowski read two additional letters into the record from Alexandra Piccarelli and Michele
Lorde.
Mr. Ross reminded the Board that a presentation at Town Meeting did include locations where a
dispensary of this type could ultimately go and as policy makers of the Town the Board needs to
decide if this is the type of business that fits in Mansfield.
The Board decided to push the vote to next week's meeting to allow Chief Sellon to speak with
Chiefs from other communities and to compare and contrast those communities to Mansfield and
to dig up a traffic study previously conducted for the area.
Board Of Selectmen's Meeting April 13, 2016
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Mr. DelVeccchio recused himself from this discussion.
Vote from packet reads as follows:
I, the Clerk of the Board of Selectmen of the Town of Mansfield, Massachusetts (the "Town "),
certify that at a meeting of the board held April 13, 2016, of which meeting all members of the
board were duly notified and at which a quorum was present, the following votes were
unanimously passed, all of which appear upon the official record of the board in my custody:
Voted: that the sale of the $3,325,000 General Obligation Municipal Purpose Loan
of 2016 Bonds of the Town dated April 21, 2016 (the "Bonds "), to Raymond James &
Associates, Inc at the price of $3,716,302.25 and accrued interest, if any, is hereby
approved and confirmed. The Bonds shall be payable on April 15 of the years and in the
principal amounts and bear interest at the respective rates, as follows:
Further Voted: to approve the sale of a $2,000,000 0.74 percent General Obligation
Bond Anticipation Note of the Town dated April 21, 2016 and payable November 15, 2016
(the "Note "), to TD Bank, N.A. at par and accrued interest, if any.
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated
March 31, 2016, and a final Official Statement dated April 6, 2016 (the "Official
Statement "), each in such form as may be approved by the Town Treasurer, be and hereby
are ratified, confirmed, approved and adopted.
Further Voted: that the Bonds shall be subject to redemption, at the option of the
Town, upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby
are, authorized to execute and deliver a continuing disclosure undertaking in compliance
with SEC Rule 15c2 -12 in such form as may be approved by bond counsel to the Town,
Board Of Selectmen's Meeting April 13, 2016
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Interest
Interest
Year
Amount
Rate
Year
Amount
Rate
2017
$335,000
5.00%
2022
$330,000
5.00%
2018
335,000
5.00
2023
330,000
5.00
2019
335,000
5.00
2024
330,000
2.00
2020
335,000
5.00
2025
330,000
2.00
2021
335,000
5.00
2026
330,000
2.00
Further Voted: to approve the sale of a $2,000,000 0.74 percent General Obligation
Bond Anticipation Note of the Town dated April 21, 2016 and payable November 15, 2016
(the "Note "), to TD Bank, N.A. at par and accrued interest, if any.
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated
March 31, 2016, and a final Official Statement dated April 6, 2016 (the "Official
Statement "), each in such form as may be approved by the Town Treasurer, be and hereby
are ratified, confirmed, approved and adopted.
Further Voted: that the Bonds shall be subject to redemption, at the option of the
Town, upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby
are, authorized to execute and deliver a continuing disclosure undertaking in compliance
with SEC Rule 15c2 -12 in such form as may be approved by bond counsel to the Town,
Board Of Selectmen's Meeting April 13, 2016
Page 7 of 10
which undertaking shall be incorporated by reference in the Bonds, as applicable, for the
benefit of the holders of the Bonds from time to time.
Further Voted: that we authorize and direct the Treasurer to establish post issuance
federal tax compliance procedures in such form as the Treasurer and bond counsel deem
sufficient, or if such procedures are currently in place, to review and update said
procedures, in order to monitor and maintain the tax - exempt status of the Bonds.
Further Voted: that each member of the Board of Selectmen, the Town Cleric and
the Town Treasurer be and hereby are, authorized to take any and all such actions, and
execute and deliver such certificates, receipts or other documents as may be determined by
them, or any of them, to be necessary or convenient to carry into effect the provisions of the
foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was
taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which
agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof
posted in a manner conspicuously visible to the public at all hours in or on the municipal building
that the office of the Town Clerk is located or, if applicable, in accordance with an alternative
method of notice prescribed or approved by the Attorney General as set forth in 940 CMR
29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the
time of the meeting and remained so posted at the time of the meeting, that no deliberations or
decision in connection with the sale of the Bonds were taken in executive session, all in accordance
with G.L. c.30A, § §18 -25, as amended. (Aptowitz/Annino) PASSES 4:0
Mr. Ross explained that the State law that allows towns and cities to join together to create a
regional dispatch center has as one of its first elements the appointment of three representatives
from each community to put together the regional plan. In a meeting of Town Manager from
Foxboro, Norton and the administrator from Easton where there was a recommending appointment
of Town Manager, Police Chief and Fire Chief with the understanding that the function of the
Committee is to finalize the plan and bring it to the Board for approval. Mr. Ross furthered the
State has given the four towns a grant.
Motion: To appoint the Town Manager, Police Chief and Fire Chief to the Regional Dispatch
Plannine Committee (DelVecchio /Annino) PASSES 5:0
This discussion has been tabled to next week's meeting.
None.
a. Approval Of Board Of Selectmen Minutes For:
• April 6, 2016
b. Vote To Approve Warrants:
Board Of Selectmen's Meeting April 13, 2016
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• Town Vendor Warrant No. 16041T in the amount of $975,033.50
• Electric Department Vendor Warrant No. 16041E in the amount of $223,906.56
• School Department Vendor Warrant No. 16041 S in the amount of $374,635.16
c. Licenses And Permits:
• Consideration Of Commercial Parking Facility Licenses, Subject To Routing Of Town
Hall Departments, For
o Rumford, LLC
o Foundry, LLC
0 888 South Main Street
d. Events And Signage
• Consideration Of Event Application For 5K Run for the Arts, September 18 Subject To
Recommendations Provided By Public Safety Departments
e. Boards and Committees
• Consideration Of Michael Lovett For An Opening On The Fales Oil Advisory Committee
• Consideration Of Re- Appointment Of Jeff Healey To A Three Year Term On The Cable
Access Board To Expire In April, 2019
Motion: To approve the Consent Agenda (DelVecchio /Kozlowski) PASSES 5:0
• Town Payroll /Town Medicaid Payroll 16041 PT in the amount of $318,875.67
Motion: To approve Town Payroll /Town Medicaid Payroll 16041 PT in the amount of
$318,875.67 (Kozlowski /Annino) PASSES 5:0
• Town Deductions — Vendor Payroll 16041 TV in the amount of $99,624.49
Motion: To approve Town Deductions — Vendor Payroll 1604 ITV in the amount of
$99,624.49 (Kozlowski /DelVecchio) PASSES 5:0
• Invitation From All Sports Boosters For Mansfield May Madness, May 11 "'
• Letter From Xfinity Cable Regarding Changing In Programming Services
• Invitation From MMWEC Rei4ardina 2016 Conference, Mav 4th and May 5th
Ross reporting
meeting.
is preparing a vehicle list that Mr. Aptowitz asked for at last week's
Mr. Ross noted his office received an email today that the House has released its budget and it
appears that the actions taken by the House has increased the amount of State revenue the Town
would anticipate of a net of about $103,000.
Mr. Ross reported the Board will have a presentation at its April 27th meeting on plans for the
Highway Garage and Public Safety by the architects and the Municipal Building Committee.
Mr. Ross is working on a summary from the discussions of the Xfmity License Sub - Committee,
Mr, Ross has received word that the Tiger Woods Foundation will no longer be managing the
Deutsche Bank Gold Tournament after this year and will be turned over to the PGA.
Board Of Selectmen's Meeting April 13, 2016
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Mr. Ross reminded the Board that it will need to approve and adopt the financials policies at the
meeting of April 27tn
Mr. Ross also mentioned the Board reviewing the Personnel Policies as those still need to be
Mr. Kozlowski noted the Xfinity License Sub - Committee has finished up discussions and felt a
narrative of those should be submitted to the Board prior to taking up the license for consideration.
Mr. Kozlowski will compete in a 26.2 mile Ruck- A -Thon this Saturday, carrying the names of
Walter Lanelev and Cory Shea. Chairman Dentino thoueht that to be excellent.
None.
Motion: To adjourn the Board of Selectmen Meeting at 10:31pm (Aptowitz/Kozlowski) PASSES
5:0
=Z47
Signature Date
Board Of Selectmen's Meeting April 13, 2016
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