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HomeMy WebLinkAboutmin brd of selectmen 12/06/00 Present: Board of Selectmen Minutes of December 6, 2000 MANSfIELD Chairman David W. McCarter; Selectmen Louis P. "'&s.~WU$I'J1q\S Robinson, and Daniel Donovan. Selectmen Amoruso served as Acting Clerk in Clerk Wills' absence. John O. D'Agostino, Town Manager RECEIVED TOWN CLERKS OFF'fCE 00 DEC I (¡ PH 3: 37 r The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Minutes of November 29, 2000 Motion: To approve (Amoruso-Donovan) 4-0 Passes r · Warrant No. 24 in the amount of $3,172,022.00 Motion: To approve (Donovan-Robinson) 4-0 with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll Licenses - (all have been reviewed by the appropriate Department Heads unless otherwise noted) Automatic Amusement Device · G.J.L.C. Inc dba C. J. Scooters, 16 Old Colony Way - coin-operated pin-ball game, simulated sports game, coin-operated pool and/or billiards, video type games Motion: To approve (Donovan-Robinson) 4-0 Passes Class II Car Dealers (" · William C. Madan dba Tri- Town Auto Sales, 30 Winthrop Street Motion : To approve Board of Selectmen Minutes of December 6, 2000 1 r (Dovovan-Amoruso) 2-0-2 with Selectman Robinson and Chairman McCarter abstaining Common Victualler's · G.J.L.C. Inc. dba C. J. Scooters, 16 Old Colony Way Motion : To approve (Donovan-Amoruso) Send letter to owner and license holder regarding Town Counsel's opinion on time schedule for tax payments 4-0 Passes · LaDonna Restaurant Incorporated, 240-246 Central Street Motion: To approve (Robinson-Donovan) 4-0 Passes Public Entertainment on Sunday · LaDonna Restaurant Inc., 131 Copeland Drive for music and dancing for private functions r · G.J.L.C. Inc. dba C. J. Scooters, 16 Old Colony Way for juke box, video games and pool table Motion: To approve the licenses for LaDonna Restaurant and C. J. Scooters (Robinson-Donovan) 4-0 LodGing House · James McLaughlin for 5 rooms at 273 North Main Street Motion : To approve (Donovan-Amoruso) 4-0 Passes Live Entertainment Weekdays · GJLC Inc. dba C. J. Scooters, 16 Old Colony Way · LaDonna Restaurant Inc., 131 Copeland Drive Motion: To approve the licenses for C. J. Scooters and LaDonna Restaurant (Donovan-Robinson) 4-0 Passes Weekday Music Machine (' · GJLC Inc. dba C. J. Scooters, 16 Old Colony Way Board of Selectmen Minutes of December 6,2000 2 (' Motion : To approve (Donovan-Robinson) 4-0 Passes Restaurant All Alcoholic · The Village at Willow Crossings L.P. dba The Village at Willow Crossings, 25 Cobb Street · LaDonna Restaurant Inc., Carla M. Foley,Manager - 240-246 Central Street Motion: To approve the licenses for The Village at Willow Crossings and LaDonna Restaurant (Robinson-Donovan) 4-0 Passes Town Manager and Staff r · Memo from Town Engineer John Sullivan recommending approval of a drain layer's license for Anderson Construction & Excavation of 75 Walker Street, Norton, MA 02766 Motion : To approve (Robinson-Amoruso) 4-0 Passes Residents · Note from Frank Pascucci suggesting the new parking road at Memorial Park be named the John D'Agostino Parkway in recognition of the good job he did on it Bill Gerber, 362 Central Street - reported receiving a letter from AT&T regarding his level of service. Before leaving home tonight he verified that he is still receiving channels that he should not be getting. During the license transfer meeting Frank Foss stated it would be illegal to give to one subscriber free what they are charging other subscribers for. If the statement is correct, then AT&T is breaking the law be giving him the channels he is not paying for. On channel 15 the picture quality is so poor it's unviewable. He noted surrounding towns have fined AT&T for their service and transmission problems. He provided copies of his ( written complaint for each of the Selectmen and the Ad Hoc Cable License Review Committee. Chairman McCarter suggested having Mr. Foss in to discuss the matter. Board of Selectmen Minutes of December 6,2000 3 (' Mr. Gerber also questioned the need for an additional cable to provide for internet service and asked if the license specifies the number of cables they can run. Selectmen Donovan commended the team of Robot Builders from the 8th grade on their accomplishments in placing second in a recent competition. He also pointed out that in tonight's newspaper it's reported that Foxboro is now interested in providing a bus to the Train Station. He stated it's time our representatives provide more for Mansfield and not just show up for parades. He also noted the new Firearms Range in North Attleboro and suggested sending our police officers there for training and asked the Town Manger to speak to the Police Chief about it. Fire Chief Sliney and Deputy Chief Bellavance were present to update the Selectmen on the status of the ladder truck. The Chief noted the specs have been finalized and put out to bid for a platform truck. The bids are scheduled to be opened on December 2¡th and it will be nine months to a year for delivery. He reviewed the process the committee used in writing the specs. The current ladder truck will be traded in to prevent continuing liability for the town. It is a 1978 vehicle that has been overhauled previously. Due to the age and the use, they ( believe it is best to trade it in. Selectman Donovan asked how many times a month it has been used. The Deputy said it was out twice yesterday. Selectman Donovan noted his disagreement with the purchase of a platform truck and stated his belief that it was a ladder truck approved at Town Meeting. The Chief read the certified vote, noting it was a ladder/tower truck that was approved. Selectman Amoruso noted the Chief presented a ladder/tower truck at both the Capital Improvements Committee (CIP) and the Town Meeting. He also suggested that if the trade-in is not significant, we may be better off holding onto the current ladder truck for use in a second station. He also reminded the Chief that this option was also presented to CIP. Selectman Robinson noted it's a buyer's market right now in the automotive industry and the month delay may have saved us some money. Prior to the iron and manganese report, Water Operations Manager presented the Selectmen with a demonstration of the old and new water meters. He noted the accuracy of the new downsized meters, stating the smaller meters more accurately measure water use at a high point and low point. The rate is based on the size of the meter and the usage on a sliding scale. The old meters are scraped and we're paid for the brass. ( Board of Selectmen Minutes of December 6, 2000 4 (' DPW Director Lee Azinheira, Water Operations Manager Kurt Gaffney, and Doug Reed and Bob Chappel of Woodard and Curran presented the iron and manganese report. Mr. Gaffney showed a sample of iron and manganese and noted he would like to put an article on next year's Town Meeting warrant for treating three wells. Currently the wells that are not being treated are flushed twice a year. Until we treat the other wells online, we will not get good quality water and allow us to rest the ones that are now producing good quality water. He noted this problem is not unusual and the iron and manganese come from the ground. It is black, greasy substance. Mr. Reed noted when water is heated, the iron and manganese are released more easily into the water, which is why it's noticeable in dishwashers and washing machines. It is a common problem in New England. He displayed a "pie" chart showing the areas treated, those not needing treatment, and sources not requiring treatment, with 59% currently not being treated. A bar graph was used to demonstrate average manganese concentration and the design pump capacity for each of our wells used to prioritize the needs. Their recommendation is to build three treatment facilities at various locations in town. By building one treatment facility, 7510 of our water supply will be treated. The cost of building the one (' facility is approximately $6 million, with the second being $3 million. The cost per user for a typical four person household now paying $95/quarter, funded using a state revolving fund (SRF) loan program at 010 interest, moving to 210 next year, would be approximately $15/quarter. It was noted that legislation is proposed to amend the 210 interest back to 0%. This would be for Prescott Wells 8 & 9 and the Dustin Well No.7. The initial facility would include space for administrative offices and garage space for the vehicles, as well as piping to the site. Of the $6 million, $700,000 is for the garage for the vehicles and an office area. Without it, there would still be a lab and men's and ladies' rooms. With a garage area, we increase our chances of getting SRF funding for the entire project. SRF funding would not be available solely for constructing the garage. The wells that are not treated would be used less and reserved for times of increased demand. Mr. Gaffney noted this project would provide the garage area at less cost than they had previously proposed at the Highway Garage area. Mr. D'Agostino pointed out the need to protect the Cate Springs area because of the good quality water we are getting from that well. Selectmen reviewed with the consultants various options and costs for each option to accomplish the stated goal. Operational and maintenance costs were also compared for the various options. Mr. Azinheira noted upfront that about 2010 of the piping would be under Route 106. Selectman Robinson noted the amount of ledge in that area of town that could considerably increase the cost of r the project. He also stated his lack of enthusiasm for disrupting Route 106 again so soon. Mr. Gaffney noted there are many old iron pipes throughout town that Board of Selectmen Minutes of December 6,2000 5 {" have built-up iron and manganese that need to be replaced. Mr. Gaffney noted the biggest problem is the thousand pounds of iron and manganese going into the pipes each year. He noted the Town of Mansfield water meets all EPA current and future standards. The iron and manganese is not a health hazard, but rather a nuisance. Selectman Amoruso said he is more concerned with the sodium levels. Mr. Gaffney noted the high sodium levels are being found at the Albertini wells and there are plans to address the issue. All the other wells are way below the mandated levels, and even the Albertini wells meet EPA standards for acceptable sodium levels. Chairman McCarter asked if this project could be funded within the current rates. Mr. Gaffney said he would like to withhold a decision on that until sometime in March when the revenue can be better analyzed. Mr. Azinheira summarized we would be going to Town Meeting for the Town's portion and going for an SRF loan for the balance. At this point it's too early in the year to accurately project revenues and determine funding. Town Manager D'Agostino noted that if there is significant revenue in the enterprise account, we could earmark a portion of it to go towards the project. The treatment facility would be concrete block, with the garage area being a standard metal building. Mr. Gaffney noted concern on the part of the Municipal Building Committee (MBC) regarding the metal portion of the building. ( DPW Director Lee Azinheira presented a new job description for Public Buildings for the Board's review and approval. Mike Ahern was also present for the review of the revised job description for this position. The position allows us to do more in- house work for the maintenance of the existing buildings, which if contracted out would have to be paid at much higher rates. Selectman Amoruso suggested "Listen and hear" and "sense of smell" The job description for the position is similar to Walpole's. Selectman Robinson questioned the vast range of duties and noted he is not sure how realistic it is. DPW Director Azinheira said he is comfortable with the qualifications as outlined, noting we have had success in the past in attracting candidates meeting the qualifications. The issue of having a construction supervisor's license was discussed. The position is budgeted for $38,000 per year. Town Manager D'Agostino noted the job description fits what we believe we need in the department and we are looking for a multi-tasked individual. Motion: To approve the job description and see what happens. (Donovan-Amoruso) 3-1 with Selectman Robinson opposed Passes (' Board of Selectmen Minutes of December 6,2000 6 {" Municipal Building Committee Richard Feeley was interviewed for reappointment to the term ending 2006. Mr. Feeley introduced himself and stated he has been on the MBC for eight years and chairman for the past three years. He outlined the projects that have been done during his tenure. It was noted the time spent in their meetings and the commitment needed. Selectman Donovan asked his opinion on the Jordan Jackson roof. Mr. Feeley said it would be a long shot to get any money from the contractor. If nothing is done soon, we will be looking at a roof replacement instead of a roof repair. There is surface rusting on 7010 of the roof. He noted manufacturer warranties on roofs are not worth the paper they're printed on. Motion: To reappoint Richard Feeley to the Municipal Building Committee for a term expiring 2006. (Donovan-Amoruso) 3-0-1 with Chairman McCarter abstaining Passes (' Library Trustees Applications were received from Joseph Flynn and Chris Cormier-Hayes for reappointment to the two terms ending 2004. Both are current trustees whose terms are expiring. Joseph Flynn introduced himself and noted he has been on the Library Board for three years and has been chairman for the last year. He spoke of what the Library Trustees do, noting they meet on Saturday and are responsible for the personnel at the Library. They've worked on their personnel policy to make it consistent with the Town's and noted the importance of a good head librarian. Mr. Flynn discussed current circulation and the move to electronic advancements. High speed internet access was discussed, but they have not had any success in obtaining the free service promised by MediaOne prior to their being acquired by AT&T Broadband. Selectman Donovan asked Mr. Flynn if he likes being on the board. Mr. Flynn spoke with enthusiasm of his love of books and enjoyment of the work they're doing. Selectman Amoruso questioned whether the Library is keeping up with new volumes. Mr. Flynn noted spending their budget of $94,000 last year to increase their number of volumes. A large part of the budget was spent to increase the young adult offerings. He also noted going from a regional system of 25 libraries to a new (' system with 52 libraries. Motion: To reappoint Joseph Flynn Board of Selectmen Minutes of December 6,2000 7 (' (Donovan-Amoruso) 4-0 Passes Motion: To reappoint Chris Cormier-Hayes (Donovan-Amoruso) 4-0 Passes Zonin9 Board of Appeals Applications were received from Leonard F. Flynn, Olivier Kozlowski, and Scott E. Austin, Sr. for two terms ending 2004. Messrs. Flynn and Kozlowski applied for reappointment; Mr. Austin is a new applicant. Scott Austin introduced himself, noting he's lived in Mansfield for 35 years and is presently living at 9 Robin Hill Road. He also noted he has had experience going before the ZBA and would like to become a part of it. Olivier Kozlowski has served on the Board for five years, having recently been promoted from an associate member to a full-time member. He is an attorney living on Tracy Circle and would like to continue on the Board. (' Leonard Flynn has served on the ZBA for 13 years and is a retired engineering supervisor for the Foxboro Company. Selectman Donovan noted it's nice to see some new faces and wished them well. Chairman McCarter asked Mr. Austin what he believes the Zoning Board is all about, noting it takes awhile to get up to speed. Mr. Austin spoke of his experience before the board being positive when he was seeking a variance for his garage. Mr. Kozlowski noted people come to the Board for relief when they cannot conform to the Zoning By-Law and the Board grants the relief if they believe it is within the law to do so. Mr. Flynn noted the four areas - special permits, variances, findings, and appeals on which the ZBA acts. Their purpose is to protect the property values of all citizens in town and give relief to people who want to expand their businesses or homes, if and when it can be done within the constraints of Chapter 40A. Mr. Kozlowski spoke of the various types of and reasons for relief being requested. He noted relief is not given as a matter of routine and every effort is made to base their decisions on a demonstration of hardship and a determination of whether the benefits outweigh the detriments. In terms of hard numbers, he estimated one- (' third get granted and two-thirds don't. Board of Selectmen Minutes of December 6,2000 8 r Mr. Flynn noted it was about 60'0 denied and 40'0 granted the last time he did an analysis, which was several years ago. For findings, where they are not increasing their encroachment on the zoning parameters, the percentage is about 9010 that are granted. He spoke further of the criteria necessary to meet the legal requirements for obtaining a variance. Each candidate was asked and spoke of any possible conflicts they may have. None of them noted any conflicts. Selectman Amoruso asked the candidates what approach they would take in sorting out the arguments made by lawyers on each side of the issue. Mr. Flynn noted if the issue is complex, Town Counsel is consulted. The issue is studied carefully before making a decision and he does not recall any decision they've made that has been overturned. Mr. Kozlowski noted they all make an effort to go out and view the property prior to the meeting. He also noted most cases are presented without the presence of an attorney, and most times when an applicant is being represented by legal counsel, it is only one attorney. He noted their ability to get through all the legal rhetoric with two attorneys serving on the board. Mr. Austin noted that as a police officer he's experienced in listening to both sides of an argument and recognizes the importance of knowing the law. (' Mr. Flynn further made the Selectmen aware that he is president of the Natural Resources Trust (NRT) and pointed out that in rare circumstances when they've come before the board, he has stepped down. Chairman McCarter noted we have three applicants for two positions and we have one Selectman who is not present tonight. Motion: To delay the appointment until next week when a full board is present. (Donovan-Amoruso) 4-0 Passes The Town Manager reported on the following: . There were questions raised last week regarding the number of active subdivisions in Town. The Planning Director reports there are currently eighteen and needs additional time to compile the financial information requested. Mr. Burke reports the Town has never had to use taxpayer funds to complete work because the surety balance was insufficient. (' Board of Selectmen Minutes of December 6, 2000 9 (' · The winter parking ban is a policy of the Police Department and the Chief would have to initiate the changes. The Town Manager believes the policy is outdated and no longer needed. It may be possible to change it for next year. Chairman McCarter said it was discussed last year and nothing was done. He noted his hope that it would be done prior to next winter. Town Manager D'Agostino recommended changing the regulation to a by-law, pointing out it has not been reviewed since 1938. Selectman Robinson noted the increase in the number of vehicles in town and the need to change the policy. Selectman Amoruso noted the limited amount of snow we get, but the need to have a way to keep the streets free of vehicles to adequately plow. The Town Manager stated the introduction of flexibility creates confusion and will increase the number of vehicles having to be towed. It was noted by Selectmen that if Boston, with all their vehicles, manages to get them off the streets to enable plowing, Mansfield should also be able to accomplish this. Chairman McCarter stated most people know when snow is predicted and have enough sense to get their cars off the street. A committee consisting of the DPW and the Police Department will look at this and come up with a recommendation. (' · There is a memo in the reading file regarding the Pepsi contract. Pepsi paid the School Department approximately $125,000 for the right to install machines on school property. An ancillary portion of the contract allows for the placement of Pepsi machines on Town property. He noted Selectman Wills' request to talk with Coke and the Town's limited usage that makes that impractical. The Pepsi arrangement would provide us with a 4010 return on the sale of the product, based on the anticipated volume that will be used on the school property. Selectman Amoruso said with the sales at Town Hall being made to employees and volunteers, he would rather see the price reduced Pepsi will not enter into a separate agreement with the Town because we don't have the sales volume. · Russ Hall of Amtrak and his guests will be coming before the Board on December 13th which, unfortunately is a couple of days after the Acela train service starts. Reps. Frank and McGovern will be here the same day at 3:00 pm. To discuss the third track issue and funding for phase 2 of the project. r · Is pleased to announce we have received permission from the Dept. of Transportation to proceed to the 25'}'0 design phase for the Route 106 reconstruction project. The portion of Route 106 to be under construction, including intersection upgrades at Hope Street and the Flint Farm intersection, will be from Hope Street to Flint Farm. It will take some time before we actually see construction begin. Selectman Robinson asked what Board of Selectmen Minutes of December 6,2000 10 ( was done on Route 106 today. Mr. D'Agostino said they were doing some line sealing. Selectman Robinson noted a manhole cover was left off and a car was destroyed Mr. D'Agostino said he is not aware of it but will check into the matter. Issues of speeding and enforcement were raised and discussed. Mr. D'Agostino noted enforcement is an important incentive in getting people to decrease their driving speeds. · We will be working to try to get the MBT A and Amtrak to complete the repair of the fencing behind Cuneo's. If we are not successful, we will go out and do the repair work according to their standards and bill them. Selectman Robinson asked that we ascertain if all the fencing is in place prior to the first high-speed train going down the track · Chairman McCarter: Asked about reports of Foxboro building a septic system at the former State Hospital. He asked if they could provide commuter parking at that location if they institute a commuter bus service. (' · Selectman Donovan: Gave the Town Manager the ad for the new Firearms School and asked him to look into it. · Selectman Robinson: Noted reports of preliminary School Department budgets and asked if the Town has been asked to submit a zero-based budget. The Town Manager noted he will have a budget package for the board by the end of December. He committed to not going for another override and if we have to cut services, we will do it. He wJ'l/ not know where we stand untJ'l he sees the School Department budget. He noted the five-year projection that has been worked on and pointed out the 27% growth rate necessitates a need in increased services. The pursuit of grant money was reviewed by the Town Manager. ( · Selectman Amoruso: Spoke of a letter in the reading file where Foxboro is opposing the siting of a well in Sharon. He suggested it might be worthwhile contacting Sharon to see if they need our support. Board of Selectmen Minutes of December 6,2000 11 r · Chairman McCarter: Spoke of a letter requesting the lease of available space for a State Police helicopter and asked the Town Manager to look into it. Forward letter to the Airport Commission. Said he would like to revisit the possibility of hiring a qualified individual at an increased salary to cover the MIS needs of both the Light Department and Town, with another individual assisting. Town Manager D'Agostino praised the progress we've made under Mike Thompson's leadership and spoke of the time demands placed upon him as MIS Director. He noted the operating environment of the Light Department is very different than that of Town Hall and the demand for service, without additional support staff to allow him the flexibl1ity to deal with important issues, would make it impossible for one person to cover both. He outlined the salary and benefit difference offered Mr. Thompson in his new position, with which we cannot compete. Selectman Amoruso noted the need to find a way to get more than eight or nine months continuity to obtain a more unified approach. (' · Selectman Donovan: · Asked that we invite the 8th grade students in to honor them. Motion: To adjourn at 10:55 p.m. (Donovan-Robinson) 4-0 Passes ~r /k)A ( Board of Selectmen Minutes of December 6,2000 12