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HomeMy WebLinkAboutBOS MINUTES 03-01-2017Minutes of Board of Selectmen Meeting March 1, 2017 7:00 p.m. Present: Jess Aptowitz, Chairman; Frank DelVecchio, Vice -Chairman, Michael Trowbridge, Clerk, George Dentino, and Steve Schoonveld. Also present was William Ross, Town Manager. 1. Meeting Called To Order At 7:00 p.m. Chairman Aptowitz called the meeting to order at 7:00 p.m. The Chairman reminded everyone that the meeting is being broadcast live and taped for future broadcast on Mansfield Cable. He asked if there were any members of the audience recording, to which there was no response. 2. Update from the Non -Profit Gift Fund Committee and consideration of approval of changes to application process. Present before the Board are Non -Profit Gift Fund Committee members Kevin McNatt, Chairman, Nancy Wall, and Charles Boehm. Chairman McNatt gave the update to the Board of the status of the Committee. He stated that the Committee is looking forward to another year. He stated that the Committee has been in existence since 2007. He summarized the funds that have been distributed via the Committee since 2007, and noted that they have given $420,000 in funding so far. He Gave a summary of the projects that the Committee has supported. Mr. McNatt reminded that last year when the Committee came before the Board the Board suggested that some changes might be needed to the Non -Profit Gift Fund Committee's Request for Funding Application. Mr. McNatt reviewed the changes for this year's Application and asked for the Board approval. Chairman Aptowitz summarized the purpose and history of the Non -Profit Gift Fund. Mr. Trowbridge stated that he appreciated the Committee giving the Board the opportunity to approve the application, but stated that he feels comfortable with the Non -Profit Gift Fund Committee making the changes to their Request for Funding Application on their own. Mr. Boehm asked Mr. Ross about the donation from Plainridge Casino and why the amount was less than $25,000 this past year. Mr. Ross stated that there is no set amount from Plaimidge, but only that the Non -Profit Gift Fund will not get less than the other organizations that Plainridge supports. Mr. Boehm asked if it was possible for the Committee to advertise so that they can expand their reach and get some new applicants into the pool. Chairman Aptowitz suggested using the Town's Facebook pages. Chairman Aptowitz noted that the intent of the funding was to be one-time for various organizations, not an on-going funding source for a few. 3. Discussion and consideration of regulation of recreational marijuana with Planning Board. Present before the Board were Beth Ashman Collins, Tom French, Sharon Friedman, and Richard LeBlanc. The Planning Board is present to discuss the issue of recreational marijuana. Mr. French reviewed the Planning Board's thought process as they consider recreational marijuana availability in Mansfield for the Board. He noted that the Planning Board will consider where it might be zoned for sale, that other communities have banned it entirely, and the possibility of a moratorium while all of this is considered. Chairman Aptowitz stated that the topic at today's MMA Policy Meeting was recreational marijuana in Massachusetts. He stated that he would make sure the Planning Board receives the information that was shared at the meeting. He added, there is a committee dedicated to this issue at the State House. Ms. Collins stated, if the Town does not adopt zoning for recreational marijuana it would be allowed anywhere retail is zoned. Mr. Schoonveld read the decision of the Attorney General to approve an 18 -month moratorium in West Bridgewater to give that town more time to review and figure out how to handle the issue. Mr. Ross stated that because the warrant for Town Meeting closes today at 8:00 pm he placed two place holders on the preliminary warrant for Town Meeting, one for zoning and the one for the possibility of a moratorium. The Board Of Selectmen's Meeting March 1, 2017 Page 1 of 6 purpose was to give the Board of Selectmen and the Planning Board the opportunity to decide which, or neither, they would feel most comfortable with and time to talk about what the best way to proceed would be, during the period of time until Town Meeting. Mr. DelVecchio asked why it is that the West Bridgewater decision is the only town that is being discussed by the AG and others. Mr. Ross stated that West Bridgewater held a special Town Meeting and took the initiative to allow themselves more time to consider the issue. Other members of the Board noted that there are about 20 other towns approving the moratorium as well. Mr. French stated that the 18 -month moratorium could be passed at Town Meeting, but if the Town choses to permanently ban recreational marijuana use it would be a lengthy process, which would include signatures of 10% of residents supporting the consideration and then it would have to be on the ballot. Mr. Schoonveld stated that if you read the legislation literally, the Town leaders do not have the authority to say where it can be zoned, it is the Cannabis Control Committee that has the authority to choose where it will be zoned. Chairman Aptowitz noted that there are varying opinions of the interpretation of that decision. Ms. Friedman stated that her sense is that all of this will be quite fluid for some time. She noted that it would be better to go ahead with the warrant for a moratorium to give time for thoughtful consideration by the Town as there are several bills being floated around the Senate concerning this issue. Mr. Schoonveld stated that 18 months allow time to go to Town Meeting and then to the State election as well. Chairman Aptowitz asked if this would require a majority vote or 2/3 vote. Mr. Ross stated, if written as a zoning article as it was in West Bridgewater it would need to be 2/3 vote. Mr. Trowbridge stated, he thinks the Board should move ahead with the moratorium, but that the Planning Board should start looking at where it will be zoned as it is going to likely be contentious. Motion: To approve an 18 -month moratorium to be submitted for the Town Meeting warrant. Discussion: Mr. Schoonveld asked when the 18 -month moratorium would begin. Mr. Ross stated that it would being once adopted at Town Meeting. Mr. French stated that there is going to be an effective date set by the State legislature and it could be effective for 18 -months from that date. Mr. DelVecchio stated that he would be comfortable with the moratorium as long as it has the provision that it would be up to 18 months, allowing the Town to come back and reduce it because there was a vote in the State, and the legislature is working on it, and absent a vote at the ballot to not do this the Town should follow what the vote at the State was. Chairman Aptowitz stated that the issue at the State level is not so much the marijuana, it is the way the law was written. Mr. Dentino stated that his opinion is that the Town should not commit to the 18 months until the very end as the Town could be tying itself up. Mr. Schoonveld stated that Town Meeting next year could vote to end the moratorium in May 2018. Mr. French asked if the article should come from the Planning Board or the Selectmen. Mr. Ross stated that the Town will work with Town Counsel to get the word correct. Mr. Ross added, this year the Board can put an article for an 18 -month moratorium on the warrant at Town Meeting, but by next year there will need to be a zoning article or something based on the changes in the law. Passes 5:0 (Trowbridge/Schoonveld) Mr. French reviewed two articles before the Planning Board at this time. One was tandem parking and the other was concern building elevations. Mr. Ross stated that there are three petitions for Town Meeting, signs, over 55, and fast food by special use permit to allow a drive through. 4. Discussion regarding West Street residents affected by lightning strike. Mr. Ross explained to the Board what appears to have happened back in June when there was a lightning strike that affected several properties on West Street, and after several days water leaks started to appear. He stated that the recommendations to the home owners were to file with the Town and file with the homeowner's insurance. Mr. Ross thought it will likely be considered an act of God by the insurance company. Mr. Ross stated that he spoke to the Town insurance agent who informed him that he has spoken to all of the homeowners affected. The Town has recommended that the homeowners file with their own Board Of Selectmen's Meeting March 1, 2017 Page 2 of 6 insurers. Mr. Ross stated that he hesitates to get involved as it is the job of the insurance companies to take care of this. Mr. Trowbridge stated that he is bothered that it appears that these homeowners have not been responded to which is clear because there are letters stated that this is a second request. Mr. DelVecchio agreed, there should be some kind of correspondence from us. Mr. Schoonveld asked why this goes back to June of 2016. He noted that it seems like a long time for an insurance issue to be taken care of. Mr. Ross stated that the Town's adjuster told him that he had been communicating with the affected residents and it has taken a long time because it is a complicated issue. Chairman Aptowitz stated that his issue is that we have to communicate with the residents, even if it is not what the residents want to hear. Mr. Ross stated he would reach out to each of the residents affectED tomorrow. 5. Continued discussion and Budget Update from the Town Manager. Mr. Ross stated there is nothing new to report. He is still trying to get with the School Department, but Mr. Gianetti has not been available. Chairman Aptowitz asked, what is the budgeted deficit as of today? Mr. Ross stated if we take out all proposed staffing increases the budget is at $700,000-$800,00. Mr. DelVecchio stated that the Budget Sub -Committee is meeting on March 14"` and he would like the budget to be realistic regarding fees. He stated that if the funding can be resolved with being conservative on the revenue side, that is great but he doesn't believe it to be the case. Mr. Schoonveld review the agenda for the upcoming budget subcommittee which included review of fees and the five-year projections. Mr. Ross stated that he asked all departments with fees to examine the fees and the cost of providing the service, and to report back to him before the budget sub -committee meets on March 14`h so that the Town can determine a good balance to cover the administration expense. Mr. Schoonveld stated, the intent is to be conscious about the decision being made on the fees to ensure the expenses are being covered by the revenue, and to be informed about what other communities are charging. Mr. DelVecchio clarified that he was not suggesting that fees be increased to increase revenues, but rather that we need to be realistic about the revenue. Chairman Aptowitz asked what the budget pilot is for MMED. Mr. Ross stated that it is based on the value in the last MMED audit and the commercial tax rate. Mr. Ross stated that the Town is following the financial policies set and adopted by the Board, the Finance Committee, and the School Committee but noted some areas that the Board might want to consider. Mr. Trowbridge stated that those policies were adopted with the understanding that they were guidelines to be adhered to, but when the Town has uncertainties the Board may have to make adjustments. Mr. Schoonveld stated that he disagrees with that statement. 6. Continued discussion and update of Public Safety/DPW Complex Costs Mr. Ross updated that the foundation work could start as soon as tomorrow on the highway garage. The foundation excavation will start tomorrow, with concrete pouring for footings and foundation starting next week, but is weather dependent. The sanitary sewer connection has been built across the driveway and into the existing DPW building. The foreman for the sub -contractor will be off next week, so they will not be crossing the street while the foreman is away. The actual building for the DPW has been stamped and submitted to the architects for review, so there should be final approval on that in a week or two. In talking with Mr. Ahern and the supervisor from Boston Building & Bridge, the building will go up quickly once it is on site in the middle to third week of May. Once the building is in place, they will start the interior finish work. The projected date for occupancy is late October. The goal is to demolish the old highway garage before next winter. The submittals are coming in on the Public Safety Building. The check has been sent to Verizon for the Pole relocation, so the project can get in the queue. The Town is working with our financial advisor to bring to the Board a $20 million bond issue. Also, there is an article on the warrant to reduce the authorize bond issue by the amount of the bond premium on the first bond issue. We anticipate the possibility of a premium of as much as a $1 million on this issue. He stated, if we could process it in time the Town would add it to the item on the warrant already and reduce the total authorized bond issue by that amount. Board Of Selectmen's Meeting March 1, 2017 Page 3 of 6 Mr. Dentine, stated that there have been a couple of good weather days that Boston Bridge has not taken advantage of. Mr. Ross stated it is up to the contractor to determine the schedule, and there is a penalty clause if the contractor does not come in on time, for both buildings. Mr. Dentino stated that there is more of police payroll on the project that he would have expected. Mr. Ross stated that expense happened when police details were needed when they work crews were hauling materials across East Street. Chairman Aptowitz noted that there was a savings because the Town did the site work. Mr. Dentino asked if the Town has surety bonds and labor cost bonds on Guigli. Mr. Ross stated that Boston Bridge bonded the entire project which includes the sub -contractor. Mr. Dentine, stated that he is watching the project closely to keep his promise to the residents that he would make sure expenses were watched. 7. Resident Questions and Comments 8. 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 February 22, 2017 b. Vote To Approve Warrants: Town Vendor Warrant No. 17035T in the amount of $1,406,954.97 Electric Department Vendor Warrant No. 17035E in the amount of $15,033.54 School Department Vendor Warrant No. 17035S in the amount of $316,838.61 c. Events and Signage: • Consideration of Banner Application from Relay for Life Committee for display on June 5-19, 2017 and display of thermometer sign on South Common. • Consideration of Event Applications for Relay for Life of Mansfield and Relay for Life Market Day. Consideration of event application for New England Folk Festival Motion: To approve the consent agenda. Discussion: Are there any expenses incurred by the Town from the New England Folk Festival. Chairman Aptowitz stated that the only expenses are police details, which will be paid by the event organizers. Trowbridge/Mr. DelVecchio Passes 5:0 9. Consideration and Approval Of Town Payroll Warrants: • Town Payroll/Town Medicaid Payroll 17035PT in the amount of $379,885.24 Motion: To approve Town Payroll/Town Medicaid Payroll 17035PT in the amount of $379,885.24 (Trowbridge/DelVecchio) Passes 5:0 • Town Deductions Vendor Payroll 17035TV in the amount of $125,309.16 Motion: To approve Town Deductions Vendor Payroll 17035TV in the amount of $125,309.16 (Trowbridge/DelVeechio) Passes 5:0 10. Correspondence • Letter from Verizon with notification of rate increase of $5.00 for Brazzers and Reality Kings. Board Of Selectmen's Meeting March 1, 2017 Page 4 of 6 Discussion: Chairman Aptowitz noted that it seems like the contract of 10 years for the ?? is a long time. He asked why it was so long? Mr. Ross stated many folks are moving into non -cable services. Letter from Verizon with notification of Fios TV Programming change of removal of CNBC on Channels 102 (SD) and 602 (HD) from Customer Sports and More Package. Letter from Comcast stating, as of March 14, 2017 Comcast will no longer carry Esquire and Esquire HD. 11. Town Manager's Report Mr. Ross stated the Downtown Committee met last night. They will be coming forward with five recommendations: banners, sign models for parking lots (way finding & directional signs), proposal to open up the walkway near Mansfield Bank next summer, and consideration of a walking path and changes to parking on Old Colony Way which would include lighting. Mr. Ross stated he has asked Mr. Burke to organize the Downtown Committee's long range plans so they can be addressed. Mr. Ross noted that there is about $240,000 in the Community Development Bond Grant fund that could be used to get the proposed work done as it is a fund that was intended for Downtown improvements. Mr. Ross is recommending that the IDC and Downtown Committee should come before the Board on the same night to give their presentations as the ideas are co -mingled. Mr. DelVecchio stated that the Board should be able to look at funds like CDBG globally to determine how to spend that money. Mr. Ross stated that it would be possible to give the Board a list of all of the available funds if the Board would like to review them. Mr. DelVecchio asked if it is it possible to bring the IDC and Downtown on a date other than next week as two Board members might not be in attendance, as he feels it important for all of the Board members to hear the annual update from the IDC. Mr. Ross gave the Board a printed update from the organizer of the Community Garden, MaryKate Bergen. Mr. Ross summarized the successes of the Mansfield Community Garden. The Town Meeting warrants are now closed. There are several items related to the municipal modernization that are things that need to be reaccepted at Town Meeting, such as the revolving fund. Another one is the community's speed limits, which has a contradiction in it regarding which body accepts it. It was agreed upon by Mr. Ross and John Stanbrook that it would brought before both. Mr. Ross noted that the Town no longer puts the budgeted dollar amounts in the warrants, to reduce confusion it will be in the motions that are passed out at Town Meeting. Mr. Ross stated that he received a copy of a Twitter feed related to the condition of the outbound mini -high at the train station which had some damage. The MBTA responded to the Twitter feed and made a temporary repair until the real repair can be made in the Spring. Dr. Delaski sent a letter stating he has analyzed the traffic timing at School and Rt. 140, West and Rt. 140, and Norfolk and Rt. 140. Mr. Ross sent a copy to SRPEDD and to the engineer working on the project. Dr. Delaski has made the suggestion of installing a green arrow at the intersection of School Street and Rt. 140 if you are traveling west, as well as some signal timing changes at West Street and Norfolk Street. 12. BOS Questions and Comments. Mr. Trowbridge asked if there are any updates on Mansfield Green extended hours. Mr. Ross stated that there is a volunteer willing to do it. Mike Ahern has asked if we are firm on Wednesday, as it would be with their scheduling because currently they are on-site doing clean-up on Tuesday. Mr. Trowbridge noted that there were some comments on Facebook about residents being turned away for expired stickers and not being able to buy passes for the Green at the Green. Mr. Dentino asked Mr. Ross to look at Crocker Street near the building owned by Tito Giovanni. The arch of the sidewalk is too big for that street. He stated that school buses are driving over the it. Chairman Aptowitz asked if the Town has been paid in full for that project. Mr. Ross stated that the Town has been paid for everything that has been billed, but the deck on bridge will not be done until this year. Mr. Trowbridge stated that there is a handicap ramp at the parking lot near Gene's Restaurant, but there is Board Of Selectmen's Meeting March 1, 2017 Page 5 of 6 curbing so the parking lot is inaccessible from the ramp. Mr. Ross stated that when the weather clears it will be improved. Mr. Dentine, asked how much parking was lost when the diagonals were installed on Mansfield Avenue. Mr. Ross stated that a few parking spaces were added, none lost. Mr. Dentin and Chairman Aptowitz noted a couple of traffic issues in the area of train station and turning onto Rt. 106 going East. Mr. Schoonveld reviewed the parking data that Mr. Ross shared with him. Mr. Schoonveld asked how is the Town taxing the Solar Farm. Mr. Ross stated that they are paying taxes on the real estate, but they are exempt from personal property tax. He added, there will be a required pilot of zero dollars on the Town Meeting warrant so the tax rate can be set. Mr. Schoonveld asked when the curbs will be repaired from snow plow damage. Mr. Ross stated that repairs are done each year. Mr. Schoonveld stated that he attended the Downtown Committee meeting last night and found the meeting to be one of the best he's attended in a year. Concerning the Memorial Park playground, Mr. Ross stated that the old equipment will be removed over the next couple of weeks, but the rubber matting cannot go down until there is a consistent temperature of 60 degrees. Mr. DelVecchio confirmed that the Recreation Commission has purview over the playground at Memorial Park. Chairman Aptowitz asked for updated numbers on snow/ice removal. Mr. Ross stated he would have the numbers at the next meeting. Chairman Aptowitz stated that he has received calls about the Town's website. Mr. Schoonveld and Mr. DelVecchio agreed to move things forward with their recommendations. Chairman Aptowitz communicated to Mr. Dentin that the evaluation he completed for Mr. Ross was left blank in one area. Mr. Dentino stated it was fine to leave it blank. 13. Any items not anticipated by the Chairman 48 hours prior to this meeting. 14. Consideration of potential litigation matter. As part of such litigation matter, the Board of Selectman may consider to go into Executive Session pursuant to section 21(a)(3) of the open meeting law to discuss strategy with respect to litigation. And to approve Executive Session minutes for February 22, 2017 Discussing Collective Bargaining Negotiations with SPEA, lAFF, MCOP, USW Supervisory, and USW Non -Supervisory, Pursuant The Chair So Declares, And To Not To Return To Open Session. (Trowbridge /Schoonveld) Roll Call Vote: Chairman Aptowitz: Aye Mr. DelVecchio: Aye Mr. Trowbridge: Aye George Dentine: Aye Mr. Schoonveld: Aye PASSES 5:0 Entered into Exec ive Session at 9:06 pm Signature Date Minutes prepared by: Nancy Griffin Documents used in this meeting: Memo from Non -Profit Gift Fund Committee proposing application changes Map of Downtown area between Court and Samoset Community Garden update Board Of Selectmen's Meeting March 1, 2017 Page 6 of 6