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HomeMy WebLinkAboutBOS MINUTES 10-19-2016Minutes of Board of Selectmen Meeting October 19, 2016 VED 7:43 p.m. a: (i i C E Present: Jess Aptowitz, Chairman; Frank DelVecchio, Vice-Chairmap,7-,' Mieltaej 9ro&br( g�,�Clerk; George Dentine and Steve Schoonveld. Also present was William Ross, Y i wit -Manager I. Meeting Called To Order At 7:43 p.m. �l Chairman Aptowitz called the meeting to order at 7:43 p.m., immediately fdl-lowing the Light Commtision meeting. 2. Consideration Of Request By Boy Scouts Of America Troop 17 For Use Of Tree Lot On West Street And Fee Waiver For Town's Portion Of Fees For Their Annual Christmas Tree Fundraising Event Beginning Saturday, November 19"' Present before the Board are scouts from Troop 17. Chairman Aptowitz recognized former Selectman Kevin Moran. Joseph Moran, leader, spoke on behalf of the Troop asking for permission to utilize the tree lot for its annual Christmas Tree sales beginning November 19'" as well as an electric drop. Mr. Trowbridge referenced the longevity of this event while Mr. Dentino noted the great job Troop 17 always does with sales and cleanup of the area. Motion: To approve the request from Troop 17 (Trowbridge/DelVecchio) PASSES 5:0 3. Consideration And Approval Of Town's State Election Warrant And Information Presentation By Town Clerk Marianne Staples With Regards To Early Voting Present before the Board is Marianne Staples, Town Clerk, wanting to inform the Board and residents of the status of the Town's State election process. Ms. Staples reported the Clerk's office has issued over 600 Absentee Ballots and have registered an additional 229 voters in the past two weeks. Ms. Staples commended her staff, Karen Ludwig and Sandra Mandile. She noted there was a training session yesterday, Tuesday, October 18"' of all election workers and to further smooth out the Election Day process will have high school students directing residents to proper precincts as well as set-up and clean-up. Ms. Staples explained that for the first time in Massachusetts Early Voting will be available. Early Voting for the Town will begin on Monday, October 24"' and run through Friday, November 4". Ms. Staples also noted that Town Hall will have additional hours on Saturday, October 29"' 8:00am-2:00pm. Ms. Staples wanted to explain the difference between Early Voting and Absentee Voting, where Absentee Voting is available now and the voter needs a reason as to why they will be absent from the community (military, college) and Early Voting (absentee voting at will) is to aid those who can't get to the polls on time and can come to Town Hall, during designated howl, complete a ballot and submit to an official Election worker. Motion: To set November 8, 2016 for the State's Presidential election and to sign the Warrant (-Trowbridge/DelVecchio) PASSES 5:0 4. Consideration Of Event Permit Application By Michael Raymond, Veterans Service Officer, For • Veterans Day Parade • Ceremony And Social Event/Cookout At Keach Memorial • Proclamation Designating Mansfield A Purple Heart Town • Signage Board Of Selectmen's Meeting October 19, 2016 Page I of 7 Michael Raymond, Veteran Services Officer, went through Veteran's Day festivities, which included the annual parade ending with a ceremony at the Keach Memorial. Mr. Raymond is seeking permission to invite residents to a social cookout on the South Common immediately following the ceremony where food will be provided by Tasty Rays and the Flannel Cow all within the VSO's budget and accommodating approximately 200 — 400 people. Mr. Schoonveld was concerned with regards to the bouncy house to which Mr. Raymond noted that since he was unable to procure a favorable cost has removed that. Chairman Aptowitz asked that Mr. Raymond invite Ray Ghouley Motion: To approve the Veterans Day Parade/Procession with Ceremony to follow at Keach Memorial for Friday, November 11, 2016 (Trowbridge/Schoonveld) PASSES 5:0 Motion: To approve Social Cookout on the South Common with the removal of the "bouncy" amusement and subject to restrictions provided by Public Safety for Friday, November 11, 2016 (Trowbridge/Schoonveld) PASSES 5:0 Motion: To grant a fee waiver with regards to permit fees (Trowbridge/DelVecchio) PASSES 5:0 Mr. Raymond then explained there are 76 Towns in the State designated as Purple Heart Towns, honoring the history of the Purple Heart and its recipients. Also falling within the budget, Mr. Raymond would like to purchase signage recognizing Mansfield as a Purple Heart Town. Mr. Raymond was moved by resident Walter Gilbert, veteran survivor of World War 11, 94 years old, with two Purple Hearts, Silver Star, Bronze Star and French Foreign Legionnaire recognition. Motion: To approve Proclamation designating August 7`h Purple Heart Appreciation Day PASSES 5:0 Motion: To approve Purple Heart Town signage PASSES 5:0 The Board asked that Mr. Ross ensure that there is not a clutter of signage at Town line locations. 5, Discussion Regarding Amending Branch Street Solar Development Agreement This topic was taken out of order at 7:44pm. Chairman Aptowitz noted this is the second part of a discussion regarding Branch Street Solar Development where the Light Commission just finished amending the Purchase Power Agreement, authorizing the Town Manager and Town Counsel to execute an Opinion Lener and a representation document prepared by Town Counsel. This topic was taken out of order at 7:44pm.The Board of Selectmen will now focus on the Development Agreement. Motion: To allow Town Counsel to sign the Opinion Letter and the Town Manager to sign the Representation Letter as presented in the Board's packets (Schoonveld/DelVecchio) PASSES 3:1 Aptowitz NAY 6. Continued Discussion On Update Of Public Safety/DPW Complex Costs Mr. Ross highlighted the following with regards to the most recent Public Safety/DPW Complex Costs: • three bids were opened with the lowest and best bid from Boston Building and Bridge Corporation of Milton (including alternates/subcontractors) $27,000,210, second low bid was WES Construction of Halifax $27,413,000 • Town has vetted Boston Building and Bridge Corporation both through references and DF,CAM coming back with 90% satisfaction or better • Mike Ahern, project manager, is working with Town Counsel on contracts to move forward • with this bid as well as soft costs and items Town purchasing on its own, the contingency left is $1,847,000 which is in the range of 6% and very comfortable for the project as there will be some change orders With regards to the $5.9 million in soft costs (performing costs), Mr. Schoonveld asked if that is a solid number to which Mr. Ross confirmed furthering the only fluctuating number is the $1.8 million Board Of Selectmen's Meeting October 19, 2016 Page 2 of 7 contingency. Mr. Schoonveld would like to see the numbers formatted differently where the items are listed with columns noting what it was budgeted for, purchased for and the balance of the budget. Mr. Ross felt the Board was already receiving that weekly from Mike Ahern. Mr. Ross noted that with good weather the contractor could pour footings and foundations for the Highway garage this fall building all winter with a possible occupancy in August. Mr. Ross will send the contract to the Board for review once it has been received. Mr. Dentine asked if the Town was in possession of signed off drawings by the architects and specification books with regards to the project to which Mr. Ross noted it does. Mr. Dentino asked why they weren't out where Mr. Ross explained they were out to all contractors bidding able to pull specs and plans. Mr. Dentine referenced Boston Building's bid where Mr. Ross explained the base bid was for $26,410,000 with four alternates (two related to exterior cover areas, one for additional covers for Police and the last for metal building for storage Police) resulting in total bid of $27,210,000 (this includes traffic signals). Mr. Dentino asked if the bids included boiler plates, labor costs and personnel and extras, which Mr. Ross noted it did. Mr. Dentino asked if line item costs were incorporated to which Mr. Ross did not recall. Mr. Ross explained in the case of these construction contracts they were lump sum bids including all of those items. With regards to the alternates, Chairman Aptowitz asked if alternates were extras, and if so would the contract/project price be less ifthey didn't exist. Mr. Ross explained that the items added stemmed from the architect deeming them to be necessary and important to the departments involved clarifying that the Municipal Building Committee has already approved the alternates. Mr. Dentino had numerous questions regarding costs for various testing (hazmat, materials) which Mr. Ross went through and explained. Mr. Ross would follow up on the cost to PMC for Mr. Dentino. Mr. Dentino was concerned there was no spreadsheet detailing line items, costs and where the project stood. Mr. Ross stated there is no information from the contractor which breaks down its labor and materials costs as they bid a lump sum which the Town does not pay on how much materials or labor ours are utilized but rather contracted to build the building at that price. 7, Discussion Regarding Possible Stance On Question 4 — Recreational Marijuana Referendum This topic was scheduled by Mr. Schoonveld. Mr. Schoonveld distributed to the Board two documents: Initiative Petition For A Law Relative To The Regulation And Taxation Of Marijuana and Why Should A Town Committee Or Board Opine On Such A Proposed Regulation Change. Mr. Schoonveld encouraged residents to research each of the Ballot Questions where information can be found on mass.gov. Mr. Schoonveld has summarized Question 4 for discussion. Mr. DelVecchio asked if the Board would be discussing the content of Question 4 or whether the Board Should be discussing it at all. Chairman Aptowitz explained that it is the Chairman's responsibility and policy to hear all requests from Board members and he does his best to accommodate each request. Mr. Schoonveld went through the reasons why the Board should opine on this question: 1) Its responsibility to the residents of Mansfield 2) Question 4 takes away the right of the Town to set our zoning as we deem appropriate 3) Question 4 will be an enormous financial burden to the Town and our budgets will suffer 4) Impact on residents and those visiting Mansfield will be severe 5) It is his opinion, the Board has been duped and lied to Mi. Trowbridge felt this is not something that the Board should opine on as he has not had any resident ask his opinion. Mr. Trowbridge read from a statement which has been incorporated into the record. Motion: As Board of Selectmen, we do not take a stance on ballot question 4 (Trowbridge/DelVecchio) Discussion: Board Of Selectinen's Meeting October 19, 2016 Page 3 of 7 Mr. DelVecchio pointed out to the Board that however the Board votes on this it will have no impact whatsoever. He felt the Board has been working to be a more effective and efficient Board trying to use its time wisely, Mr. DelVecchio was clear he does not shy away from tough votes. Mr, Dentino did not mind the motion but felt the Board does need to stay in touch and informed. Mr, DelVecchio does appreciate the work of Mr. Schoonveld presented but felt it to be a mix of research from reputable sources with legal and personal opinion. Mr. Schoonveld did not need the commentary on the quality of his work. Mr. Schoonveld explained this is not to say how residents should vote but to inform that the Board has concerns with regards to this referendum and the stability of the Town. He felt the information he has provided lays out and clear and concise argument that the Town is at risk if this should pass. Chairman Aptowitz felt voting rights are for each individual and reminded that the Board does not take a stance on Citizen Warrant Articles and the Board should not "cherry pick" on what it will opine on. Again, Mr. Schoonveld stated it is not the item but the impact on the Town stating he felt this Board to be timid on past votes referencing Town Meeting articles. The Chairman took exception to that statement reminding Mr. Schoonveld he has been on the Board for five months. Mr. Ross stated the bright spot to this proposal for the Town where under the local control section there is an item that would allow the Town to govern the time, place and operation with a facility and also states the Town cannot prohibit through zoning placing a marijuana establishment for recreational use in the same area as a medical marijuana facility. Mr. Ross explained the Town can prepare an overlay district, if this were to pass, for consideration at Town Meeting to limit the location to strictly that location. Mr. Schoonveld emphatically disagreed with that statement noted the CCB controls. Motion: As Board of Selectmen, we do not take a stance on ballot question 4 (Trowbridge/DelVecchio) PASSES 4:1 Schoonveld NAY 8. Resident Questions and Comments None. 9. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Board of Selectmen may request that an item be withdrawn from the Consent Agenda for separate consideration in which case that item will be voted on separately from the remainder of the Consent Agenda. All licenses have been routed through Town Hall Departments and any conditions have been noted below. a. Approval Of Board Of Selectmen Minutes For: • Meeting Of October 5, 2016 b. Vote To Approve Warrants: • "Town Vendor Warrant No. 17015T in the amount of $625,404.95 • Electric Department Vendor Warrant No. 17015E in the amount of $207,220.79 • School Department Vendor Warrant No. 170155 in the amount of $606,279.48 • Town Vendor Warrant No. 17016T in the amount of $917,185.37 • Electric Department Vendor Warrant No. 17016E in the amount of $1,704,240.31 c. Licenses and Permits • Consideration Of Fee Waiver Request From Sherri Gurnon, Parks And Recreation Director, Regarding Installation Of Water Bubbler At Plymouth Street Facility d. Events and Signage Board Of Selechnen's Meeting October 19, 2016 Page 4of7 • Consideration Of Event Permit Application For Downtown Business Association's 21"Annual Christmas Parade, Sunday, November 27n' at 3:OOpm e. Hearings • To Set A Public Hearing Date Of October 26, 2016 For A Possible Change Of Manager Violation With Regards To A Wine And Malt Beverage License For BCL Premiere Sports Located At 31 Oxford Road, Mansfield Motion: To approve the Consent Agenda as presented (Trowbridge/DelVecchio) PASSES 5:0. 10. Consideration and Approval of Town and School Payroll Warrants • Town Payroll/Town Medicaid Payroll 17015PT in the amount of $329,974.84, Motion: To approve Town Payroll/Town Medicaid Payroll 17015PT in the amount of $329,974.84 (T'rowbridge/DelVecchio) PASSES 5:0 • Town Deductions Vendor Payroll 17015TV in the amount of $102,077.03 Motion: To approve Town Deductions Vendor Payroll 17015TV in the amount of $102,077.03 (Trowbridge/DelVecchio) PASSES 5:0 • Town Payroll/Town Medicaid Payroll 17016PT in the amount of $370,650.70 Motion: To approve Town Payroll/Town Medicaid Payroll 17016PT in the amount of $370,650.70 (Trowbridge/DelVecchio) PASSES 5:0 • Town Deductions Vendor Payroll 17016TV in the amount of $115,451.76 Motion: To approve Town Deductions Vendor Payroll 17016TV in the amount of $115,451.76 (Trowbridge/DelVecchio) PASSES 5:0 • School Payroll/School Medicaid Payroll 17016PS in the amount of $1,590,252.64 Motion: To approve School Payroll/School Medicaid Payroll 17016PS in the amount of $1,590,252.64. (Trowbridge/DelVecchio) PASSES 4:0:1 Trowbridge abstains • School Deductions Vendor Payroll 17016SV in the amount of $548,648.46. Motion: To approve School Deductions Vendor Payroll 17016SV in the amount of $548,648,46. (Trowbridge/DelVecchio) PASSES 5:0 it. Correspondence • Invitation To The Board To Participate In Parks And Recreation's Annual Halloween Parade, October 29°i at 2:OOPM It was decided that Mr. Schoonveld and Mr. DelVecchio will walk in the parade with Mr. Trowbridge judging. • Resignation Letter From Lou Andrews From The Airport Commission Mr. Trowbridge read the letter into the record. Mr. Ross asked that a letter be sent to Mr. Andrews. 12. Town Manager's Report Mr. Ross reported that sidewalk and curbing has been getting on in the South Main Street area as part of a multi-year plan to repair the worst of curb and gutter on Main Street. Itis the intention of the Town to work Lip Main Street on both sides and on those areas of Town needing updating when funds are available. With regards to the Board's open Assistant position there have been two additional interviews with one additionally scheduled (internal part-time candidate) for next week. Filling the position has proven to be a bit of a challenge to find the right balance of flexibility and able to move forward quickly. Mr. Ross reminded residents that second quarter taxes are due November I". Board Of Selectmen's Meeting October 19, 2016 Page 5 of 7 Mr. Ross reminded that the Board/Light Commission has a scheduled visit to a facility in Middleboro on Monday, October 24'". This has been posted and the thought was to then meet as Light Commission following the tour which the Board agreed. In terms of the Audit, Mr. DelVecchio asked if that has been scheduled before the Audit Committee to which Mr. Ross reported that John Stanbrook, Finance Director, has emailed the Audit Committee to schedule a meeting. Although the only report the Audit is waiting for is from the Bristol County Retirement (which will be a while), Mr. Trowbridge felt the Audit Committee should be meeting to review what it does have. Mr. Ross felt that to be in the intention. Mr. Ross will be in Boston at an MMA Policy Meeting tomorrow, Thursday, October 20a' 13. BOS Questions and Comments Mr. Schoonveld distributed to the Board his Assessments in preparation for next week's Tax Classification hearing including the Town of Westboro's Analysis of Levy Limit Growth. Mr. Schoonveld will send the analysis to the Board electronically. Mr. Dentine asked about the parking in front of the Crugnale building (train station) travelling down North Main towards Oakland to which Mr. Ross noted it is in the street right of way and will be two hour parking for businesses. Chairman Aptowitz wanted to be sure that the area is monitored for no overnight parking. Mr. Dentino gave credit to the Police Department with regards to all the details and directing traffic during road work. Mr. Ross noted the Town may want to put a stop sign before the intersection to Crocker Street as there have been delays due to blocking the intersection. Mr. DelVecchio felt the Town's website to be a vast improvement but asked Mr. Ross to review for content removing the old and begin adding current content referencing the Board's new Goals and Objectives as well as the Mission Statement. Mr. 'Trowbridge asked for the status of construction for the Chocolate Factory development reminding that the developers only have one year from the issuance of the Special Permit. Mr. Ross reported the groupjust took on new partners from the DC area that does this work nation wide. Mr. Trowbridge asked for an update on 911 Regionalization. Mr. Ross reported that all four communities (Police/Fire) have coordinated policies and procedures and that radio surveys are 90% complete with equipment studies underway. Mr. Ross mentioned a presentation for all communities involved is in the process of scheduling. Chairman Aptowitz appreciated Mr. Schoonveld's work on the Tax Classification materials for the hearing on October 26`h. Chairman Aptowitz noted the Electric Luncheon is next Friday and is always sold out and a good time. He hoped his fellow members could attend. Chairman Aptowitz asked the Board for any insight into its summary for the Town Report. Mr. Schoonveld asked if he could forward the information to the Finance Committee which the Board did not have an issue with. 14. Items Not Anticipated 48 Hours in Advance of Meeting None MOT10N:'To adjourn (Schoonveld/DelVecchio) PASSES: 5:0 Board Of Selectmen's Meeting October 19, 2016 Page 6 of 7 Meeting adjourned at 9: 46pm. Signature Minutes prepared by: Tracey Whalen Documents used in this meeting: Letter from Troop 17, Boy Scouts of America State Election Warrant Uc 24- Zo I Date Event Permit Application, Signage and Proclamation from Veteran Services Officer, Michael Raymond Memo from Michael Ahern, Project Manager, DPW/Public Safety Building Updating on Costs Why Should A Town Committee Or Board Opine On Such a Proposed Regulation Change (S. Schoonveld) Initiative Petition For A Law Relative To The Regulation And Taxation Of Marijuana (S. Schoonveld) Selectman Trowbridge Statement Assessments prepared by Mr. Schoonveld regarding Single Family Homes 2017 and All Properties for 2017 Town of Westborough Advisory Finance Committee Analysis of Levy Limit Growth Board OfSelectmen's Meeting October 19, 2016 Page 7 of