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HomeMy WebLinkAboutmin brd of selectmen 06/21/00 Board of Selectmen Minutes June 21, 2000 Present: Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen Amos M. Robinson, Louis P. Amoruso and Daniel Donovan John D'Agostino, Town Manager The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Chairman McCarter announced that the Annual Duck Race, sponsored by the Parks & Recreation Commission, will be held next Wednesday, June 28th, at 7:30 p.m. Ducks are available at the Recreation Department at $1. per duck. The race will be followed by the movie Stuart Little, sponsored by the Mansfield Elks. · Warrant No. 50 in the amount of $5,022,459.94 Motion: To sign the warrant. (Robinson-Amoruso) All in favor Passes with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll · Minutes of June 14, 2000 Motion: To approve (Amoruso-Donovan) 4-0-1 with Selectman Robinson abstaining Passes · Request for Family Fun Run using the sidewalks within Tara Estates, located off Route 106 in East Mansfield, as a fund raiser for Barry Shea who was involved in a serious car accident on Route 106 and is now involved in a long and difficult rehabilitation. Also, request to close Monahan Lane from #64 through #68 and Corbane Drive from #35 through #42 from 1:00 - 3:00 p.m. on Sunday, July 9th, for kids' games following the run. - Favorable recommendation received from the Police Chief and Fire Chief, provIded there is proper signage and barricades are movable with emergency access provided for at all times. Motion: To approve subject to conditions of the Police and Fire Chiefs (Donovan-Amoruso) All in favor. Passes · Public Entertainment on Sunday - One Day Event - for Tweeter Center Minutes of June 21, 2000 Voted at last week's meeting for 11:30 a.m. start time for Ozzfest 2000 on Sunday, July 3{/h with four firefighters and twenty-five police officers to be present at 10:30 a.m. - LICENSE NEEDS TO BE SIGNED Motion: To sign the license (Amoruso-Wills) All in favor. Passes · Request for transfer from Reserve Fund - $41,000 to Memorial Park Contamination $41,000 was earmarked to the Reserve Fund at the Fall Town Meeting in the event we needed it. It was voted and approved at the Special Town Meeting. This w/Ï/ protect the money in the event it's needed If it's not needed, it wi/I go to Free Cash. Motion: To recommend approval to the Finance Committee (Wills-Donovan) 4-1 (Robinson) Passes · Request for transfer from Reserve Fund - $9,473.10 to Town Manager Legal Expenses to meet year-end expenses Town Manager D 'Agostino explained that we are going month to month on the legal account for Labor Counsel. He had previously indicated to the Board that he would be back for an additional expenditure because he dIdn't want to overestimate or tie up money not needed Unfortunately we're short and a transfer is necessary Some of the issues are ongoing. Motion: To send a favorable recommendation to the Finance Committee on the transfer (Amoruso-Wills) All in favor Passes Town Manager and Staff · Memorandum from Police Lieutenant George Figueredo regarding an open air parking lot license violation June 17th at the Clemmey Lot Motion: Notify Mr. Clemmey by certified mail that a hearing will be held June 28th at 8:30 p.m. regarding both incidents on June 17th. (Robinson-Amoruso) All in favor Passes · Memorandum from Shaun Burke, Director of Planning and Development, regarding subdivision default on Tara Estates, Tara Estates II, and Alchemist Court - Selectmen need to take a formal vote to use the surety balance of $28,000 to complete the remaining punch list items. Recommends DPW be given Minutes of June 21, 2000 2 responsIbility for completing the work, with the list being put out to bid and supervised by Mike Ahern under the direction of Lee Azinheira. Motion: To accept the recommendation and complete project. (Donovan-Amoruso) All in favor Passes · Memorandum from John D'Agostino regarding the resignation of Leslie Pasch as Library Director to assume a similar position in the Town of Holliston with a significant increase in salary. Motion: To accept with regret (Amoruso-Donovan) All in favor Passes · Letter from Rev. George C. Bellenoit, Pastor of St. Mary's Parish, requesting waiver of sewer connection permit fee. Memo from Town Engineer with recommendation to waive the fee of $774.00 based on the Sewer Permit Regulations of July 1, 1998 and the length of the sewer line. This fee is set by the Selectmen as Sewer Commissioners and appears to meet the criteria set by the Fee Waiver Policy of November 17, 1999, under which the Selectmen previously waived the site plan fee. A t that time, it was indicated that other fees associated with the project would need to be requested on a case-by-case basis. Motion: To waive the fee (Donovan-Robinson) All in favor Passes · Memorandum from Bert Cook regarding Cleveland Twist Drill Co. Parking Lot - drainage and paving has been done; however there still needs to be some correction in the paved area. Mr. Cook is recommending that a few more weeks be allowed for the owner to correct the situation. Mr. D'Agostino explained we are trying to give Mr. Ditchman sufficient time to complete the project because commuters will have a problem if 172 spaces are eliminated at the Train Station. Motion: To give him 3 weeks to finish the project. If the drainage issues and pavement are not completed at that time to the Town's specifications, we will close the parking lot that day. (Donovan-Amoruso) All in favor Passes Other · Letter from Michael Godin of Plainville regarding conduct of audience at the June 13th KISS performance at Tweeter Center Minutes of June 21, 2000 3 Selectmen commented that if the behavior happens on stage, it's a licensing problem. If it's in the audience, it's under the control of Tweeter Center security They requested the letter be forwarded to Mr. Montgomery George Wojtkiewicz, 1 Gladiola Terrace - reported he has been out getting signatures for Citizens for Limited Taxation petitions. When the Proposition 2 ~ override debate started, he wrote article in the Sun Chronicle in which he mentioned that the losers would be the older people on fixed incomes. He noted they exist and he met a great deal of them. Most are older women whose husbands have died. They're having a real problem after living in Mansfield many years staying in their houses and paying these increases. He presented the Board of Selectmen with a pledge he had written, suggesting that they and all Town officials sign it. He asked that they work aggressively to cut down on expenses and pledge to ask for no overrides for a period of five years. The signed pledge, he stated, could then be mailed out with the Electric bills in an attempt to heal the wounds created by the override vote and bring financial stability to the Town. Selectman Amoruso pointed out there are some options available to senior citizens by contacting the Assessors. Mr. D'Agostino noted the Town has supported increasing exemptions from 50% to 100% and also accepted new provisions for the Senior Work Program for a reduction in their tax burden. He noted we are interested in keeping seniors in homes to prevent them from being sold to young families with an increase in school population and would have no problem signing such a pledge. Mr. Wojtkiewicz also noted people were upset about the wording if the ballot being one question. People feel they can't trust Government or politicians and said faith needs to be restored. Selectmen responded, noting it was the vote of Town Meeting that took away most of the choices the Town would have. When the money was taken for trash, it would have failed if there were one question or two. The choices were limited by vote of Town Meeting. On another subject, Mr. Wojtkiewicz stated he heard the Town was not represented at the ZBA hearing on the Tweeter Center parking lot expansion and asked if that were true. Mr. D'Agostino replied that recommendations from the Planning Board and Building Inspector were given to the ZBA well in advance of that decision. We had no indication they would act in the manner in which they did Town Counsel would have had to be there because Tweeter Center was there with their attorneys and had our "opinions/~ A fter that decision he and Town Counsel discussed the need to attend those meetings, but with the issue of controlling costs, determined it would have to be done on a very discriminatory basis. Mr. Wojtkiewicz noted ZBA recommendations are routine things and he doesn't want to Minutes of June 21, 2000 4 criticize the chairman, but he would have continued the hearing if there was no representation from the Town. He noted the Zoning Enforcement Officer could have been there to represent our interests. Mr. Wojtkiewicz then discussed with the Board the condition of South Main Street and the need for repaving. Discussion followed regarding the scheduled paving of South Main Street and other projects scheduled for Mansfield under MassHighway jurisdiction, with it being noted that lack of funding ;s delaying the projects. DPW Director Lee Azinheira and Water Operations Manager Kurt Gaffney were present to review the proposed water capital charges. George Zoglio, representing Village at Willow Crossings, was also present to discuss their interests in the water capital charges and to comment on the charges in connection with their expansion. Mr. Azinheira noted the charge has been changed from a square footage calculation to a water usage charge, with the rate calculation based on the cost of the most recent well installation on a per gallon basis. Town Manager D'Agostino stated the Town's belief that this approach is fair and equitable and is certainly defensible. It was suggested the rate be reviewed every five years to be sure it accurately reflects actual costs. Add to Section 4A - shall be reviewed for revision purposes every five years or as determined by the Board Following further discussion, the Board of Selectmen heard the comments of Mr. Zoglio, a copy of which are attached. Motion: To adopt the Water Capital Charges of June 21, 2000, as amended. (Wills-Amoruso) All in favor Passes Mr. Azinheira updated the Selectmen on the status of the compost facility. He reviewed additional costs as the result of construction delays and unanticipated additional inspections during steel erection due to Code and the certification required. He noted the bid amount was $250,000 below the estimate and, even with the change orders, he expects to finish close to the bid amount. He noted they are meeting regularly with the Municipal Building Committee regarding the project and would like a vote to have the Town Manager sign Amendment No.2 to the Agreement between the owner and engineer. Motion: To approve Amendment No.2 to the Agreement subject to review by the Municipal Building Committee and to authorize the Town Manager to sign the amendment. (Amoruso-Donovan) 4-0-1 With Clerk Wills abstaining because he is not familiar with the project. Minutes of June 21, 2000 5 Town Manager D'Agostino advised the Board of Selectmen the applicant has met with Messrs. Azinheira and Gaffney and will be rescheduling their meeting with the Selectmen. Mark Cook and Lee Azinheira reviewed the Highway Division Update, June 21, 2000 The list included: · Chapter 90 Projects - Mr. D'Agostino noted there may be a need to look at Otis Street all the way down to the field at some point, which is not included in this project. · Roads scheduled for future reconstruction - If we do get Chapter 90 apportionment, we would be getting estimates ún these streets that have been given a priority. · Preventative maintenance/crack sealing - done to prevent water damage. Priority numbers are assigned based on the condition of the roads. We will get as far as we can with $100,000. · Active work list · Routine maintenance Present to represent the YMCA were Jay Barrows, who has been part of the leadership team at the Y for four years and helped to get the Mansfield branch established on Balcom Street; Ed Hurley, YMCA President; and Dan Kennedy, Board of Managers Chair. Mr. Barrows reported the John Berry School was leased to the YMCA back in 1997 and has grown to 600 members. They provide an active program to all age groups and appreciate the support the Board has given them. Over last year they have looked for an additional site and have been fortunate to find a site centrally located in Foxboro. The Foxboro Co. has agreed to donate 22 acres of land to the YMCA and a recreational facility that have used for the last 40 years. Ed Hurley told the Board the YMCA is working with Doug Annino, architect, and showed renderings of the project. The project is being done in phases, with Phase 1 to include a Wellness Center and a Child Care Center. The Second Phase would include a pool and gymnasium and they are working with National YMCA on that. Minutes of June 21, 2000 6 They will make use of tennis courts and a baseball field at the site. They assured the Selectmen of their commitment to Mansfield and their intent to remain in this community. Dan Kennedy reiterated their commitment to the Town of Mansfield and their intent to expand their presence in Mansfield. Their agreement with Mansfield expires 2001, and they want to remain at that site. Clerk Wills said he supports the YMCA, but is concerned because Foxboro Water and Sewer Commissioners came to us for increased capacity for the Stadium and we spent $30,000.--then spent money on addressing their concerns with the new well. He noted Foxboro has to do some talking with us about providing the Y capacity. Mr. Barrows said they will be investigating that as soon as they get a flow study done. They are working on the permitting process to try to fast track things at the Foxboro site and would like to see it done a year from now so they could have the child care center open in September of 2001. Phase 2 will be right behind it and will take a capital campaign effort of some magnitude. Selectman Amoruso noted the Y has done a lot of very good things in town and offers much, but he is disappointed that if the town wants to get a pool facility down the road, we will have to do it without the Y's participation. Mr. Barrows concluded the presentation, stating he looks forward to having the Selectmen join them when they break ground and will keep them posted on the sewer issue. Chief Sliney noted the Town Manager asked them to come in and provide an update on the purchase of the new truck. The question has been raised as to whether a "tower" truck is a proper purchase for the Town and he and the Deputy Chief, who is in charge of operations, are here to explain it. Information was distributed about each of the two trucks-the ladder truck and the tower truck. It was noted that both devices are made up of aerial ladders. The tower truck has a basket at the end of it. It was pointed out that when firefighters work on the ladder, they work behind each other because there is not sufficient room to work side by side, and they are standing on rungs. With the tower, they would be standing on a flat surface with up to four people. There are no moving parts within the basket so it can be moved in any direction without concern of hands or feet getting stuck in it. The tower can be controlled from the basket. Occupants that need to exit by ladder must step out onto rungs with the Minutes of June 21, 2000 7 ladder truck. The basket on the tower truck is 3 ft. by 6 ft. with a solid flat bottom and railings on all sides. It would also provide the ability to attach a rescue stretcher to it and to lower it to the ground in that position. It supports more weight, can be extended to its full height and can also be lowered to 10 degrees below grade, providing more versatility. They stated it accomplishes more goals with fewer personnel and will best meet the needs of our community for several years. It was also noted it the safest workplace for our firefighters. Chief Sliney said there is approximately an $80-$100,000 cost difference between the two types of trucks, with the tower truck being the more expensive. It could, however, be purchased with what was appropriated at Town Meeting and would include some of the equipment we've purchased over the years that is beyond its useful life. Selectmen were generally receptive. Selectman Donovan, who is also a Boston firefighter, disagreed however with the need for and advisability of purchasing the tower truck. He stated the tower truck is very awkward and has too many hydraulics that can go wrong. Selectman Amoruso noted it is up to the Chief to make the decision, but hopes he will take Selectman Donovan's comments into consideration. Chief Sliney stated he also wanted to update the Selectmen on a budgetary problem, mentioning he approached the Town Manager a week ago because of the possibility of needing a transfer of funds. The Chief detailed the cause of his budget shortfall, noting everything has been in line with the exception of sick leave, which has increased 46i'o and for which he has spent $75,000. He reviewed the causes of the increase in sick leave and detailed steps he has taken to stretch the budget to the end of the fiscal year. He stated, however, that without a transfer of $5,000 he may need to close a station and pull one ambulance out of service. Discussion followed regarding ways to avoid the decrease in public safety coverage and the possibility of the Selectmen reconsidering their vote to recommend the transfer of funds from Reserve to pay legal expenses. Questions were also raised as to whether Reserve funds can be used to supplement salary items and whether the issue of 24-hour shifts should be revisited if the result has been a 46i'o increase in sick time. The Chief indicated he could meet payroll this week and next at straight salary with no problem if things are quiet, but will not know until the last ring of the bell. If there's a need for a Reserve Fund transfer, it would have to come at next week's meeting. The consensus was to wait until next Wednesday to receive an additional update and then vote to spend what we need to. The Chief also noted there will be an impact on next year's budget because he's holding vacation time in abeyance. Chief Sliney noted there will be a brief ceremony Saturday at 9:30 a.m. at Plymouth Street to dedicate a plaque that's been placed in the front of the building to Minutes of June 21, 2000 8 former Chief Bellavance. He is getting priest from St. Mary's and Townspeople and former officials would be most welcome at the dedication. Mr. Devine asked to speak to the Selectmen because in the last few weeks Selectmen have heard comment regarding an application that was denied on Fruit Street, in addition to comments from Planning Board members on zoning a decision regarding the Tweeter Center parking. He stated he would like the Selectmen in the future to be more reserved and cautious when they don't have all the information being presented. Mr. Devine said that when people bring applications before the ZBA, the application is like the cover of a book. Without hearing the whole case, he noted, you don't understand what it's all about. The Decision of the Zoning Board was made after hours of discussion between the Board and the applicant. Within the discussion of Tweeter Center, it was determined 124 spaces was within the right of the ZBA to grant. Mr. Devine noted that with a one-sided presentation, the Selectmen may not hear what the ZBA hears and they do not have all the pertinent facts. Chairman McCarter pointed out that we hold open meetings in an open forum and have no control over what individuals will say when they get up to the microphone. Discussion followed as to when the Tweeter Center decision might be expected, their intent to further expand parking beyond the 124 spaces requested, and whether Tweeter's request constitutes an expansion of a pre-existing, non-conforming use. Due to the lateness of the hour, Chairman McCarter asked if there was any pressing old or new business that needs to be discussed. Town Manager D'Agostino reported on the following: · Quarterly meeting for Norton, Foxboro, and Mansfield has been set for July 20th at 7:30 p.m. It was noted the last meeting was here and we should rotate to either Foxboro or Norton. · Shell pipe line proposal - the extensive gravel excavation in that area will save the Town $60,000 by using that gravel at Memorial park and Plymouth St. We are requesting from Shell Oil Co. a relocation of the line. They will move it and still maintain the right-of-way; we pay $8,855 for the relocation. Minutes of June 21, 2000 9 Clerk Wills reported on the progress of the subcommittee's work on the Town Manager's contract. His salary is presently at $96,000. They are recommending it be raised to $110,000., stating he does a good job and puts in much time. He stated his belief that the Board sets policy and works with John. If he does something we don't like, the Board of Selectmen should give him direction. He also noted it's easy to list everything wrong, but many of them are not the Town Manager's fault. They are also recommending another week of vacation and a change in the termination clause. The Town Manager has agreed that if he is dismissed for just cause, he would not sue the Town. Within the proposed contract they also recommend giving him one more professional organization to join to upgrade his skills - from two to three national associations and meetings per year-- and gave him two more personal days. Motion: Having reached the 11:00 p.m. curfew, to continue for an additional 15 minutes (Donovan-Wills) 3-2 with Amoruso and Robinson opposed Passes Selectman Donovan stated the Town Manager works very hard and is doing a good job. He noted he has made comparisons with other towns, and Assistant Town Managers are being paid $60-75,000. He noted he has seen no problem with the Town Manager's performance thus far. He believes he is doing an excellent job, nobody seems to be dissatisfied, and he is in favor of the recommended changes to the contract and salary increase. Motion: To approve the contract (Donovan-Wills) Selectman Amoruso said he has no problem with annual salary or the 3 months salary and health benefits as severance. He would, however, like to put a cap on a specific amount of money to limit the Town's liability to some extent. Insurance and health benefits are a good thing, but he noted his concern about the open- ended nature of that item. The consensus of the Board was the contract needs further discussion by the full Board. The motion to approve the contract was withdrawn; the subcommittee will meet Tuesday night; and the contract will be discussed at a 7:00 p.m. executive session next week. Selectmen will advise the subcommittee of any concerns they have with the proposed contract. Minutes of June 21, 2000 10 Motion: To adjourn at 11:10 p.m. (Robinson-Donovan) All in favor. Passes I 'fJl (, Minutes of June 21, 2000 L1 Date f App oval 11 PRESENTATION TO THE CITY OF MANSFIELD CITY COUNCIL PROPOSED CHANGE TO CAPITAL CHARGE WATER CONNECTION ASSESSMENT Good evening. My name is George Zoglio, and I am the Chief Financial Officer of the Village Retirement Communities. We own and operate the Village at Willow Crossings located on Cobb Street. The Village at Willow Crossings provides residential, assisted living and Alzheimer's care to senior citizens. The complex is comprised of a 113 unit main lodge, and 8 cottages with 42 units. I am here to speak in support of the proposal to change the basis of the water connection capital assessment from the square footage basis to a utilization basis. The usage methodology more appropriately assigns the cost of connection to those who will benefit from and/or utilize the water services. This is opposed to the current square footage basis, which assumes (possibly falsely) that the utilization of city services is tied to the number of occupying residents per square foot. The inequity in these two methodologies is best demonstrated by using one of our four unit cottages as an example. The square footage of a four unit cottage is 5,712, resulting in a capital assessment charge under the current system of $ 6,854. The number of senior citizen residents who typically occupy a four-unit cottage is between 4 and 6, or approximately the size of a family who may occupy one dwelling unit. The average daily water use for these 4 to 6 residents in the four-unit cottage is 220 gallons ¡. Even after allowing for peak demand, this level of usage could be supported by a 5/8" or 3j¡" meter, or the size meter you would find in the typical residential dwelling. Based upon the information in the draft report prepared by Woodcock and Associates, the capital assessment charge for this four unit cottage under the water utilization basis would be $ 2,460, or approximately one third of the charge under the square footage basis. Although the cottages are a commercial project, the consumption of city water resources by the occupants more closely reflects that of a residential use. This fact highlights the inequity of associating the capital assessment charge with square footage as opposed to usage. I Based upon the service period March 15, 2000 to June 15, 2000 Village at Willow Crossings Illustration of Capital Charge Assessment Under Current vs. Proposed Methodology EXAMPLE - CAPITAL CHARGE FOR ONE FOUR-UNIT COTTAGE WITH A 1.5" METER SIZE CURRENT METHODOLOGY (SQUARE FOOTAGE) Square footage 5,712 Classification CLASS C Equivalent units at 0.5 2,856 Rate per 1,000 sq ft $ 2,400 CAPITAL CHARGE UNDER CURRENT METHODOLOGY $ 6,854 PROPOSED METHODOLOGY (USAGE) Average daily usage (in gallons) 220 Adjustment for peak demand 2.5 Adjusted demand 550 CAPITAL CHARGE UNDER PROPOSED METHODOLOGY $ 2,460 (A) COST DIFFERENTIAL $ 4,394 (A) ASSUMES CHANGE IN METER SIZE TO EITHER 5/8" OR 314"