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HomeMy WebLinkAboutmin brd of selectmen 12/20/00 It Present: RECE)VED TOWN CLERKS OFFICE 0' JAN - '* AI1 10= 2 , MANSFIELD MASSACHUSETTS Chairman David W. McCarter; Bradford E. Wills, Clerk; Selectmen Louis P. Amoruso and Daniel Donovan. John O. D'Agostino, Town Manager Board of Selectmen Minutes of December 20. 2000 r The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. Motion: To go into Executive Session for the purpose of discussing pending litigation with Town Counsel and to return to Open Session at the conclusion of the discussion (Amoruso-Donovan) Roll Call Vote: Amoruso, aye; Wills, aye; Donovan, aye; McCarter, aye Passes r ~ . Warrant No. 26 in the amount of $2,614,121.91 Motion : To approve (Amoruso-Donovan) 4 -0 with Chairman McCarter abstaining from Municipal Building Committee payroll and Voucher 5577 . Minutes of December 13, 2000 Motion : To approve (Amoruso-Wills) 4-0 Passes Licenses - Lodaing House SME Realty Trust dba Ye Old Barn - 16 rooms at 16 Fulton Place Motion : To approve (Amoruso-Donovan) 4-0 Passes Town Manager and Staff r Board of Selectmen Minutes of December 20, 2000 1 r . Letter from Police Chief Arthur M. O'Neill recommending a committee be formed to review and modernize the current traffic and parking manual and present findings to Town Meeting as a by-law The Town Manager asked that the Selectmen appoint a member to serve on the committee and to send a letter to each of the groups the Chief recommends to ask for a representative, along with one citizen-at-Iarge and a member of the Planning Board (Selectman Donovan volunteered) Put citizen-at-Iarge on cable. Motion: To establish a committee comprised of the group mentioned to work on the traffic and parking manual with the intent of presenting the recommendation to Town Meeting as a by-law. Would like to get started making appointments next meeting. (Amoruso-Wills) 4-0 Passes Residents . Letter from Donna Reagan of 59 Cottage Street re: AT&T Cable service Call Frank Foss and get him on agenda Put notification in writing regarding substandard service that coincides with license agreement prior to fining. Send certified letter. (' , Questions and Comments J eft Siena, 364 South Main Street and Chairman of the Airport Commission- Board received an RFP from State Asset Management Program regarding locating a portion of their fleet here. He noted speaking with the lieutenant of the airwing to suggest we could do some type of land lease because we don't have anything. They want a turn-key operation and are not interested in a land lease. They've just signed a one-year agreement at Norwood. There is some land on the other side of the paved runway, but it involves some wetlands which would necessitate environmental studies. At this point the opportunity to provide for their operation is not feasible. To build a turn-key operation would cost between $300-500,000. There may be other opportunities in the future. Mr. D'Agostino asked how the dynamics would work for the Airport Commission to be ready the next time around. Mr. Siena said they would see the length of the contract they sign with their next contract with Norwood and plan accordingly. Selectman Amoruso asked about the additional hangars noted as part of the Airport Master Plan. They would be looking at Quadrant 3 or perhaps Quadrant 1. They are trying to avoid crossing the Back Bay Brook. (' Board of Selectmen Minutes of December 20, 2000 2 r \ Members of the Renegades Team from the Qualters Middle School were in attendance, along with their faculty advisor and coach, to receive certificates of achievement from the Board of Selectmen in honor of their participation in the Connecticut FIRST Lego League Robotics competition. Receiving certificates were: David Coyne, Joe Tocchio, Kevin Clang, Brian Kulick, David Young, David Francis, Karen St. Aubin, Philip Palanza, and Coach Brian Clang. The team participated against 44 teams from throughout New England and was named runners-up overall in the competition. All were present with the exception of Karen St. Aubin. The group described what they did at the December 2nd competition and displayed their trophy made out of Legos. Chairman McCarter presented them with their certificates. This group is now in the seventh grade and the program runs through eighth grade, so the team will have another opportunity to compete. (" Kevin McNatt of the Mansfield Historical Society presented a portrait of the Earl of Mansfield. He spoke of the year 2000 closing and it being the 225th anniversary of Mansfield as a town. He outlined the process by which Mansfield became a town and it was left up to Governor Thomas Hutcheson to choose a name for our town. William Murray became the Lord Chief Justice of the Bench and his peerage was Lord Mansfield. Earlier this year Mr. McNatt participated in Mansfield England's Sister City celebration. While in England he went to the Art Gallery in London and obtained a photographic reproduction of the painting displayed there of William Murray, first Earl of Mansfield. The portrait was done in 1783 when Judge Murray was about 73 years old. DPW Director Lee Azinheira and Water Operations Manager Kurt Gaffney were present to discuss the water policy. Mr. Azinheira said they have been updating the existing water policy and tonight are providing an update on the water meter replacement. He noted that with the large number of meters being replaced, they anticipate encountering a larger than average number of billing reading errors. As a result they have developed a procedure to streamline the process to address discrepancies. The meters last lO- r 15 years. Many of those installed 5-6 years ago are no longer compatible with the current equipment and do not record accurately. The program is self-sustaining and Board of Selectmen Minutes of December 20, 2000 3 (' will pay for itself. When they cannot justify or explain an increase readily, they will make a recommendation to the Selectmen to waive the discrepancy. Mr. Gaffney specifically addressed a situation at 109 Charles Street and recommended the Selectmen authorize them to issue a new water and sewer bill based on the quarterly water usage for the same quarter of the previous two years, which is 3,600 cubic feet. Selectmen McCarter and Wills stated they don't think it's fair to backbill customers for water used over a period of years and not billed correctly. Mr. Gaffney pointed out it is the Selectmen's policy that he is enforcing and it may affect only fifteen customers. Selectmen Amoruso noted it's not fair for all the other customers to bear the cost of the water used by customers whose meters have been incorrectly read. Selectman Donovan said we should replace the meters and move on. Mr. Gaffney noted Mansfield has the same policy as most towns in the Commonwealth and it is the reading on the inside meter than is considered accurate. The outside device is simply a reader and not a meter. Town Manager D'Agostino noted the Board needs to be consistent with staff, because when the membership of the board changes, the policy must remain consistent. Mr. Gaffney said he is going to take all the policies and put them into (' booklet form for the Board's adoption. Every water customer will then get a copy. On the 109 Charles Street situation, the meter was read when it was changed. They had been taking regular quarterly readings that were consistent, then when they went to change the inside meter it was not consistent. The meter was not very old and tested 99'0 accurate. They thought there was a problem with the wiring, but that didn't prove to be so. The quarterly bill for the property had been in line for the number of people living at the home. The recommendation is therefore to adjust the water and sewer bill for the quarterly water usage to 3,600 cubic feet. Motion: To accept recommendation to adjust the water and sewer bill for the quarterly water usage for the same quarter of the previous two years, which is 3,600 cubic feet. (Amoruso-no second) Motion: To table the matter until we talk to the lady to see if it's agreeable to her. (Donovan-no second) Mr. D'Agostino noted our staff is acting in a manner that is favorable to the ratepayer. Clerk Wills said he cannot approve this because we did not approve (' adjusting the bill of two other people. Mr. Gaffney and Town Manager D'Agostino explained the difference in the cases. We will go back to the individual. Board of Selectmen Minutes of December 20, 2000 4 (" Motion: To approve the 3,600 cubic feet bill subject to the homeowner approving it. If not, she can come back to the Board (Amoruso-Donovan) 3-1 (McCarter opposed) Passes Clerk Wills read the notice of public hearing for Amruta Corporation for the transfer of the Wine and Malt Package Store License at Dias West Mansfield Variety Store at 428 Elm Street. Attorney Joseph Phelan of Norwell represented Mr. and Mrs. Patel. Mrs. Patel is the proposed manager and has worked in retail stores where beer and wine have been sold and has worked as a waitress serving alcohol. Mr. Patel has worked in family businesses in variety stores. The hours of operation will remain the same as they are currently. (" Selectman Amoruso noted the store is not presently open on Sundays and asked if they plan to open it. They said it would depend on the demand. They currently have no plans to change anything. Motion: To close the public hearing (Wills-Donovan) 4-0 Passes Motion: To approve the transfer of the license (Wills-Donovan) 4-0 Passes The Selectmen considered the applications of the following candidates for Constable appointments: · Paul F. Boyden, applicant for reappointment for a term ending 2004 · James R. Hindman, applicant for reappointment to 2004 · Jack Riccio, applicant for reappointment to 2004 (Mr. Riccio was not able to be present) · Michael W. George, new applicant (Mr. George was not able to be present and sent a letter to the Selectmen expressing his interest in becoming a constable. {' Mr. Hindman and Mr. Boyden introduced themselves. Mr. Boyden has been a constable for 17 years and does the conservation work, town warrant postings, and some evicitions. Jim Hindman has been serving papers for 6 years. Board of Selectmen Minutes of December 20, 2000 5 (' Clerk Wills asked who pays them. Mr. Boyden said the plaintiff generally pays if it's a civil matter. He does not accept any pay from the Town for posting the warrants. The Deputy Sheriff has a rate, and Mr. Boyden's rate is less than his. They explained the process used in serving someone, noting they carry identification. The Board is familiar with Mr. Riccio and felt they could act on his appointment. They asked that Mr. George, a new applicant, meet with the Board prior to being considered for appointment. He will be rescheduled. Motion: To appoint James Hindman, Paul Boyden, and Jack Riccio for 3-year terms as constables (Donovan-Amoruso) 4-0 Passes The Town Manager reported on the following: (' · Memo from Fire Chief Sliney about the Safety Equipment Grant. The application is due January 19th and we are applying for a thermal imaging camera and plan to use the balance to replace gas detection equipment, purchase a firefighter accountability system, upgrade hand lights, and to purchase hand tools and additional protective clothing. The grant cannot be used to supplement salaries or fire apparatus. Selectmen Amoruso noted thermal imaging cameras have been reduced in price on the State bid list and suggested he take a look at it. Selectman Donovan noted the Federal Government yesterday approved a large amount of money for the purchase of this equipment. · We have a draft policy regarding the suspension and revocation of alcoholic beverages. He asked the Board to consider the draft and reviewed it with them. The policy would require that a violation be heard first by the Board of Selectmen, and could then be directed to go to the ABCC. Put on agenda for January jd meeting. r · Updated the Board on a recent development with a Water Resource application to withdraw water from the Morrison Well. We were granted the ability to withdraw an additional amount of water to provide us flexibility. It now appears there is some internal fighting among DEM, DEP and Natural Heritage. The Water Resource Commission has no follow-up ability as it relates to enforcement. Natural Heritage is now trying to force Board of Selectmen Minutes of December 20, 2000 6 (' higher standards which may result in our not being able to use the Morrison Well at all. There is no scientific basis for the additional monitoring they are requesting. He suggested we take some proactive measures to fight this. The Water Resource Commission may want us to come back and accept additional conditions on the permit they have already signed off on. It appears that if the Natural Heritage conditions, if imposed by either WRC or DEP, would put us in a crisis situation. EOEA is the parent in this regard who will have to negotiate the squabbling of its two siblings. Selectman Amoruso asked that we attempt to find out what has caused this. Perhaps, he suggested, we could review their committee's minutes. Mr. D'Agostino noted our consultants have advised that we not get into an adversary position at this point. Chairman McCarter suggested we bring in our State Senator and Representatives right away to get this issue resolved between DEP and the Water Resource Commission. . Had a meeting with staff on the Water Policy Update. We're working with Woodard & Curran and will have a multi-faceted policy in the next few weeks. The policy, once established, will guide us in our ability to provide extensions and hook-ups. {' . Parking in Downtown - we've had a meeting with residents and are waiting for staff to develop a policy, again sometime in January. . Discussed the formation of a committee to negotiate the Tweeter Center license. The Town Manager would serve as a non-voting member of the committee. He recommended the Board establish the parameters of the license and, with the recent death at the venue, mandate in the license that emergency medical treatment areas be designated by signage so those in need of treatment are self-directed to the appropriate area. Selectman Amoruso suggested that if the Department of Public Health, the agency investigating the incident, has available any preliminary reports, it may be helpful. Selectmen Donovan and Wills volunteered to serve on the committee. Discussion ensued as to the process of reviewing and negotiating the license. Motion: To establish a subcommittee to review and renew the license, with the committee comprised of Selectmen Wills and Donovan, with Town Manager D' Agostino as a non-voting member of the committee (Amoruso-Donovan) 4-0 Passes r · There is a need for applicants to the World War II Scholarship Committee. Selectman Amoruso pointed out it's not a major commitment and we're getting Board of Selectmen Minutes of December 20, 2000 7 (' into the time of year when scholarships need to be awarded. He noted it's one of the easiest committees a resident can serve on. · Clerk Wills reported on the bus from Norton to Mansfield. Norton has found a lot between the Produce Barn and Gas Station they may be able to use for commuter parking. Chairman McCarter commended Norton on their efforts to find a solution to the problem. · Selectmen Donovan read in the Buzz that his Christmas wish is we get porta- potties at the Tweeter Center. He noted his Christmas wish is that Norton, Plainville and Foxboro all provide bus service for commuters, using lots in their own Towns. · Chairman McCarter asked that the Board review their report for the Town Annual Report and forward any suggestions to the secretary. · A request from condominium associations for trash collection was discussed. Town Manager D'Agostino advised the Board that any change to the current trash removal contract will make it null and void and we would be subject to increased tipping fees under a new contract. Noting we're in our third year of a (' four year contract, it might be advantageous to bid a new long-term contract now if tipping fees are anticipated to continue rising. It was also noted that the landfills may be allowed to reopen. · Clerk Wills suggested a meeting in January to establish long-term goals for the Town Manager. A workshop setting was recommended. · Clerk Wills thanked the Clemmey family for allowing West Side Benevolent Circle to use their site to prepare Christmas packages and thanked the West Side Benevolent Circle and Firemen for their participation. Over 200 families will benefit from their efforts. Motion: To adjourn at 10:15 p.m. (Amoruso-Wills) 4 -0 Passe r Board of Selectmen Minutes of December 20, 2000 8