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HomeMy WebLinkAboutBOS MINUTES 2-13-13 Board of Selectmen Minutes February 13,2013 Present: Olivier Kozlowski, Chairman; George Dentino, Vice-Chairman;Kevi il)aafa :ibllerk; Jess Aptowitz, Doug Annino, William Ross, Town Manager (Ci " OFF1e ! ,9Ri72 E Chairman Kozlowski called the meeting to order and stated that the meetings is-bro t_ ting live on Mansfield Cable Access and this broadcast will be available at various times for viewing. " ' '494. t" .o a -16311. °,v,=.Uys��4t r:GilkPRa Lee Azinheira,DPW Director,began the presentation with a summary of how the Town came to be involved with the Zone II Redeliniation. The Town was approached about 5-6 years ago by the owners of a property on North Main Street where there was clean up work being done on the property. The level of clean up needed is based on a property's location in the Zone II. Years ago, the Zone II was theoretically based. Now, with advances in the technology, the company did some geotechnical testing and found that it may not actually be located in the Zone II. The company approached the Town and asked the Town to review the Zone II. Mr.Azinhera advised,because this would need to go to Town Meeting, the scope of this should not be to just review a small piece of the Zone II but to have the whole picture and look at the entire Zone II. The company, over the past years, has worked with Woodard & Curran and is now ready to present their findings. Mr. Azinheira stated that if money was no object the Town would re-do the Zone Its but since it a considerable cost the Town cannot. He stated that the newer wells Zone Its are up to standard but this particular Zone II is not. Present are Keith Gaily, CH2MHi11, who represent the property owners. From Woodard&Curran,Kerry Parsons,hydrogeologist,Alex Mikszewski,also a hydrogeologist and Bob Chapell, Vice President of Woodard & Curran. Mr. Azinheira also noted that a presentation has already been done for the Planning Board and that Mike Healey from the Conservation Commission, who is a hydrogeologist, provided feedback. Keith Gally, CH2MHi11,presented. His group had an opportunity to meet with Planning Board a few weeks back to provide an overview of the technical work that has been done and appreciated the invitation to meet with the Board. Mr. Gally explained that a Zone II is a groundwater protection area required by the Massachusetts Department of Environmental Protection. The focus is on the wells in the Canoe River Basin. Zone II is that area of the aquifer that is protected under a most extreme drought situation, which is defined as 180 days with no precipitation or recharge. Zone II is required by the Mass DEP, where it is reviewed and then the MASS DEP approves the delineation. Mr. Gaily noted that the Zone II is also incorporated in the Town's zoning by-laws. Mr. Gaily presented that the current Zone II is conceptual in nature and is 20 years old. He went on to say that it is a desktop study, which relied on historical information, no field reviews were included. Mr. Gally reported that in reviewing the current Zone II, technical flaws were found, which included, till areas (non-aquifer), areas across surface water and groundwater divide, excluded delineated aquifer areas and was found to be inconsistent with Easton's Zone II. Now,20 years later,there is modeling and GIS technology,which is readily available, and is the standard for testing a redeliniation. Mr. Gally presented maps of the area of the Zone II that is under review. Alex Mikszewski presented the technical process of the work done. First, there was a field investigation, which included drilling and well installation, collected soil samples, and water level gauging. All of this surveying was done to confirm that there were conceptual errors. The second phase is modeling. This phase is where the findings are calibrated and then extreme drought situation is simulated in a 3D model of the Canoe River and Rumford River Basins. This process entailed 14 wells and 16 borings with staff gauges and collection of continuous soil samples. All the information is looked at and translated into a numerical model. Board Of Selectmen's Meeting February 13,2013 Page 1 of 12 New Proposed Map Changes Include: Remove Rumford Basin area in Foxborough(this will make the Town consistent with Easton) Separated from well field by till/bedrock geological units Across surface water and groundwater divide Make Zone II consistent with other Towns Remove other Non-Aquifer Areas (Till/Bedrock) Add MassGIS Designated Aquifer Areas Delineated by USGS Not Currently Protected Reduce from 4,136 acres to 3,351 acres (-19%) Maintains required recharge area Mr. Mikszewski reviewed what the maps would look like after the proposed changes are made. Approval Process Public Works and Planning Board Review Board of Selectmen—Water Commissioners Independent MassDEP Review and Approval Planning Board Public Hearing Public Town Meeting—Town Adoption Zoning change Mr. Dentino asked that at the end of the process is there any kind of spreadsheet on the gain/loss of acreage for the Towns? Mr. Mikszewski explained that the largest portion of loss is in Foxborough and largest area added is in Mansfield. There is a net gain,due to the movement of the northwest portion from Foxborough to Mansfield. Mr. Dentino is concerned about the overlaying boundaries of Towns and what type of land is actually gained(ie water, swamp water or ledge). Mr. Dentino also inquired about the cost of this study. Mr. Azinheira explained that the cost of the process is not on the Town but by the proponents, Saucil, North America. The company has been doing clean up for years. If the property actually falls into the Zone II it is believed that they will not be able to achieve clean up on that level. If there is a redelineation there is a better chance to complete the clean up and have a usable area. Mr. Azinheira confirmed that the company has funded the study. Mr. Dentino asked if the boundaries are acceptable to all the surrounding Towns? Mr. Azinheira explained that the focus is on the Zone II which affects Mansfield. From there the review process is handled through the Massachusetts DEP and that an agreement will be made with all the affected communities. Chairman Kozlowski commented that he understands that this review of the current Zone II was needed by the proponents, Saucil North America, for their own purposes and that the Town is benefitting from this scientific study. Chairman Kozlowski just wanted to be sure that, as far as zoning changes are concerned for a Zone II, the only change to the by-law is replacing the old map with the new one that is more accurate. Mr. Azinheira explained generally what would be effected would be septic systems in a Zone II having greater separation to the water, which would be more restrictive. Mr. Azinheira stated that the area in this Zone II is predominately sewer but it is possible that some future septics could be affected. Mr. Annino asked what the bleachery, proponents of this study, gain? Mr. Gally spoke about the property currently being situated in the conceptual Zone II, which keeps them within the constraints of the Zone II, for example, land use control or standards. By demonstrating that they do not sit in the scientific Zone II it would allow the company to move forward with site closure and allow for redevelopment and become a property with Board Of Selectmen's Meeting February 13,2013 Page 2 of 12 productive use. Mr. Annino's concern is that the Town would be moving this property out of the more restrictive Zone II and into a more developable site and does the Town carry any liability going forward and does it hinder enforcing clean up efforts. Mr. Azinheira explained that the more accurate a Town's Zone II is delineated the more defensible the position is. The goal is to have something scientifically based and therefore more defensible. If it is not situated in a Zone II why have it on the map? Mr. Annino restated his concern that clean up efforts would be reduced. Mr. Gally stated it would still need to be managed through the Massachusetts DEP system but Mr.Annino felt that those standards would be less than in the Zone II. Mr. Gaily pointed out that the standards for clean up would be less but it is because the groundwater outside of the Zone II is not contributing to the water supply. Mr. Annino is concerned that this is a government review,not a Town review, and that once the aquifer is replaced the Town can't change it. Mr. Aptowitz asked if there is otential harm to those p properties abutting the bleachery now if the Town redlineates the Zone II?Mr. Gally stated that having different standards will allow the property to move forward and achieve a permanent closure, which it cannot do at this time. With that being said there will still be standards that will need to be met and any construction and re-development will need to address any concerns. Mr. Aptowitz inquired that if the Zone II is removed doesn't that make the site a more constructible area and the Town would not know what is going on the site? Mr. Gaily stated the goal is to make the site more productive. Mr. Annino appreciated Mr. Gally's opinion and study but stated that removing the Zone II takes a huge financial burden off the property owners, which the Town could inherit a existing polluted site. Mr. Moran stated that the owners began a clean up on the property and found in that process that the property does not lie within the Zone II and was classified incorrectly. The company has paid for the study, has had a peer review and submitted that review to the DEP. He questioned if the Town is trying to keep the property in the Zone II because that is what is best for the Town and that the Town could be stepping on the property owner rights on what can be proven otherwise scientifically. Mr. Annino does not want the Town, even with the Conservation Commission review, to agree to a study that was not done in the Town's best interest. Michael Healey, Conservation Commission, did look over report, at the request of the Town and had discussions Woodard&Curran concerning the delineation. Mr. Healey stated that there are two questions,the first being,the health and welfare of the Town wanting to protect its water supply. From Mr. Healey's point of view, with the approach taken and the hard data used, the Zone II delineation will benefit the Town and stand the test of time. The second question is the North Main Street parcel of the delineation. He stated that what the Commission wrestled with is that under the MA Contingency Plan the cleanup standard for a site is based on where the property falls within the Zone II. The cleanup standard is higher in the Zone II because of the drinking water supply. A remedy is needed to minimize that risk. If outside the Zone II the standard is not as stringent. Mr. Healey asked what contaminants were found at the bleachery site? Mr. Gaily answered that there were dissolved antimony and weathered fallites. Mr. Healey stated that these are not typically mobile, but not an issue. Mr. Ross spoke that he listened to the presentation and discussion and pointed out that the pollutants are already in the soil and without some level of redevelopment they will stay there. The Town has been given a scientific study, which was peer reviewed and appreciated. Mr. Ross stated that a level of cleanup to make the property useable for commercial purposes will reduce the likelihood of pollution of the Town wells. What the Town tends to forget is years ago there were no standards and the Town needs to find appropriate ways to get clean up done to protect all environmental issues. Mr. Ross said that in this instance there is a scientific study done by the property owners, but to remember that the company works for the Town and has the Town's best interest at heart so that it can continue doing business here. Secondly, the pollutants are already in the ground and actions to clean up the site, even to commercial standards, can only make it better. The Town does not want orphaned hazardous site. Board Of Selectmen's Meeting February 13,2013 Page 3 of 12 Chairman Kozlowski summarized the discussion with the Town is being asked to support or not support the scientific delineation of the new Zone II. If the Town does not support the delineation, the older, less technical, less scientific Zone II will remain in place and will be less defensible than the new scientific one. Mr. Azinheira stated that the fact is that the Town stands are firmer ground utilizing the scientifically based Zone II. Mr. Annino inquired as to what would happen if Foxboro decided not to accept the new Zone II. Kerry Parsons, geologist from Woodard& Curran, spoke to Mr. Annino's question. Mr. Parsons explained that the way DEP set up Zone II years ago was that they required the owner of the water supply to establish appropriate zoning or they would not obtain a permit to use the well. It is incumbent on the owner that when they have a Zone II that goes across the boundary and into another Town to make a "good faith effort" in contacting that Town and ask to cooperate by zoning their property to benefit the well head protection. Mr. Parsons stated that this is not an unusual situation and DEP has a procedure in place that is followed closely. The requirement to redelineate a Zone II must be a most rigorous effort than the previous effort to redelineate (ie computer modeling, drilling). Motion: To support, upon the condition of DEP approval, the new Zone II boundary as proposed. (Moran/Aptowitz) 4:1 PASSES. Annino Nay. Rick Alves,Town Engineer,presented final plans for the North Common Redesign(Map 21, Lot 500). Mr. Alves stated that the plans display input from many individuals. The redesign involves the new location of the flag pole, sidewalks,trees,pergola and possible movement of the World War II Monument. At this point the exact location of trees and benches has yet to be determined and will be reached later by consensus. Mr. Alves assured the Board that there will be no obstruction to the Electric Department's duct bank and its future plan of installation this spring. The North Common redesign plans have been approved by the Municipal Clearing House (January 9, 2013) and Mr. Alves asked for the Board's approval. Mr. Alves reviewed the plans through a power point presentation. Mr. Alves commented that existing trees will be removed only as necessary and after appropriate public hearings. The sidewalks will remain the same at the diagonals. The height of the flag pole is 80' and will have a 17' ''/z" radius, which will have brick pavers or approved equal. The plan calls to have staggered Austrian pines and potentially relocate the World War II Monument. Mr. Aptowitz inquired about the use of stamped concrete rather than using pavers, since the concrete would last longer. Mr. Annino answered that the thought was to have the citizens be involved with the pavers through engraving as a donation or a possible fundraiser, but it is open for discussion. Mr.Azinheira stated that the main reason for the redesign was that the Town has talked about improvements to the North Common for at least 15 years. The goal is to create a master plan to follow and then work on the improvements over time. Mr. Dentino asked about the purpose of the duct bank that goes through the common and across North Main Street. Mr. Aptowitz explained that the duct bank will allow for electricity in certain areas of the common. Mr. Azinheira explained that the duct bank work that is scheduled is independent of the redesign of the common. Mr. Dentino wanted confirmation that any trees removed would be replaced and Mr. Azinheira, who is also Tree Warden, assured that shade trees will be protected. Motion: To support the concept of the North Common Redesign so that the plans can move forward. (Moran/Aptowitz) PASSES 5:0 Board Of Selectmen's Meeting February 13,2013 Page 4 of 12 a Ia6� M9bp` Mr. Azinheira spoke that the location of the redesign is located near a Town owned parking lot (Cuneo lot) on Chauncy Street. The concept was created by Mr. Alves and the goal is to try to make the intersection safer and calm traffic. Mr. Alves presented that the proposed redesign will be consistent with other redesigns of intersections the Town has completed. On Thomas Street the lane width will be reduced from 25' to a proposed 18' at the intersection with a 90 degree right turn which will force automobiles to reduce speed. Mr. Alves proposed to remove the existing island and replace with striping. The result of this will increase parking spaces from the existing 24,with 11 spaces for train, to a total of 36 spaces, 10 for subcompact vehicles, 24 standard and 2 handicap/van accessibility. The redesign will also provide a concrete sidewalk with handicap ramps to aid in accessing the train. With this design there is a slight increase of 400 square feet of impervious material. To handle the increase Mr. Alves proposed a leach basin which is more than adequate to handle the additional flow. Mr. Alves reported that there was a test run completed with the Electric and Fire Departments at the proposed intersection off of Fruit Street. Mr.Azinheira stated that the intersection was laid out with cones to ensure that the Fire and Electric Department vehicles could complete the turn and it was found to be acceptable. Mr. Alves stated that the proposed redesign plans were approved by the Municipal Clearing House (January 9, 2013). Mr.Aptowitz inquired as to how the parking spaces were to be designated. Mr. Azinheira said the Town has been trying to accomplish more parking in the downtown area for a long time and gave credit to Mr. Alves and Shaun Burke in accomplishing that. Mr. Aptowitz noted that the proposed plan aids a local business in parking spaces. The Chairman inquired about the entrance to the lot from Thomas Street and if it would be blocked off. Mr.Alves responded that there is no change to the entrance. Mr. Annino stated that he and Shaun Burke has looked at diagonal parking on Old Colony and wondered if that was considered. Mr. Alves was not aware of that but Mr. Azinheira added that there has been discussion concerning that and that this proposed plan would not affect that. Mr. Dentino stated his concern that diagonal parking may affect the Rails to Trails but Mr. Alves stated there was plenty of room to maintain that and add the parking spaces. Mr. Annino asked to keep in mind the diagonal parking when going forward. Mr. Aptowitz wanted to put on the table that the Town lowered parking for the train to $2 for Mansfield residents and in his recent experience there are not enough spaces. He asked if there is any way to get additional Mansfield resident train spaces? Mr. Azinheira noted that the Board has the authority to change that. Mr. Aptowitz would like to discuss at a future meeting. Mr. Annino noted to remember the goal is to increase parking downtown and Mr. Alves and Mr. Burke have found a way for the Town to maximize parking needs and at a later time the Board can discuss as to how to divvy the spaces up.Mr.Annino added that it is also important not to have a bare parking lot and there is a need for street trees, especially on Thomas Street. Mr. Annino asked about the lighting as well. Mr. Azinheira noted there are no changes to the lighting. Mr. Annino stated that as Light Chairmans the Board needs to check that there is appropriate lighting. Mr. Ross noted that as this proposed redesign is adding spaces to a local business it is possible to approach the business to assist in the cost of the project. Mr. Annino stated that he wished that was done prior to this meeting. Board Of Selectmen's Meeting February 13,2013 Page 5 of 12 Mr. Dentino inquired about the 6 parking spaces in the upper lot. Mr. Alves stated that it is public parking to which Mr. Moran reiterated that the Board can decide what those spots can be designated for. Motion: To support the concept of the redesign of North Main Street/Thomas Street/Old Colony Way/Rumford Avenue Intersection (Moran/Annino) PASSES 5:0 As an aside to the Agenda, Mr. Azinheira asked if there were any questions for him concerning the snow storm. Mr. Aptowitz just wanted to state that he spoke with Mark cook from the Highway Division and gave him recognition on doing the best job the department could with a lot of snow and not a lot of rest. The Town did the best it could and were a lot better off than surrounding communities in his opinion. Chairman Kozlowski inquired about the hotline the Town has and is it being monitored. Mr. Azinheira said that all messages were pulled from the hotline every hour and emailing the information to Mr. Azinheira and Mark Cook. Mr. Dentino asked why there were large amounts of snow against light poles on sidewalks? Mr. Azinheira reported that the equipment failed and the Town had to borrow equipment from New Hampshire and Easton which put the Town behind schedule. Chairman Kozlowski confirmed that the Boards responsibility here is to acknowled e receipt and set a date for Public Hearing. Mr. Ross stated that this was correct. Mr. Ross recommended the 27th of February and there was no standard to follow but wanted to give all parties reasonable time to attend. Motion: To accept the report of Animal Control Officer Jeff Collins on the dangerous dog complaint filed by Ms. Dawn Hebert-Miller and set the Public Hearing date for Wednesday, February 27, 2013. (Aptowitz/Moran) PASSES 5:0 Rich Hucksam, Town Counsel's office for the Town of Mansfield present. Chairman Kozlowski confirmed with Mr. Hucksam that he provided the report presented and asked Mr. Ross if the report was sent to the Chairman and Vice Chairman of the Conservation Commission on Monday (February 11) to which Mr. Ross confirmed. The Chairman noted that he had had a discussion with the Chairman of the Conservation Commission on Tuesday (February 12) and was under the impression that he was to be in attendance. Chairman Kozlowski noted he was not present and no other member from the Conservation Commission was present and that he was disappointed. Chairman Kozlowski explained that a question had arisen over the regulations that the Conservation Commission put forth. The Chairman explained that the Conservation Commission has several sources of authority; State - environmental regulations set forth by Massachusetts general laws) and Town By-Law— which also authorizes the Commission to promulgate regulations.But,in order to do that,the Commission has to give notice,publish the proposed regulations, hold a public hearing and give the public the chance to comment on the proposed regulations. The Chairman went on to say that the substance of the regulations needs to be within the scope of what the by-law says they can do. The Chairman asked Mr. Hucksam if he was accurate to that point and was told yes. Mr. Hucksam stated that the issue is the concern for the local Town Wetlands By-Law and the regulations that the Conservation Commission can issue under that and whether the proper procedural notice/hearing was Board Of Selectmen's Meeting February 13,2013 Page 6 of 12 followed. Finally, whether the regulations that were adopted, were within the authority granted, by the by-law to the Commission for adoption of regulations. Mr. Ross noted that it is important to note that these discussions have no impact on the by-law itself and are strictly related to the regulations adopted by the Conservation Commission under the authority of the by law that support their actions relative to that by law. The by law itself is not in question and ANY changes to the by law would HAVE to go to Town Meeting. Mr. Hucksam explained that Town Counsel reviewed the ConComm's agendas, notices of meetings and minutes for the period 2-8-10 through 09-24-12. Based on that review it appeared that it was not clear that Commission had provided the proper notice on their public hearings of adoption or amendment to their regulations. Mr. Hucksam stated that, concerning the authority issue, there are a few instances where it is not clear to Town Counsel that the regulations were in the authority of what the by-law gives the Commission. He noted there are a few instances where there is a conflict in what the by-law says and what the regulations say. For example, in terms of resource areas, the regulations go beyond what the by-law says to add. A resource area is identified as additions to homes and disturbed land and those are not mentioned in the by-law so it appears that the regulations go beyond that. Mr. Hucksam also noted it appears that the regulations go beyond what the by-law defines as the no disturb zone. The by law clearly defines the no disturb zone as 25 feet and in the regulations it is described as 25-50 feet. Also, there is a$200 per day fine established in the regulations which is in conflict with the by-law. Chairman Kozlowski asked as to the status of the 12 pages of regulations? Mr. Hucksam answered that he cannot give a definitive answer as to the validity of the current regulations but feels it is prudent to take steps to ensure that the Conservation Commissions regulations are properly adopted and are valid. Mr. Hucksam stated that he and the Town Counsel office would be more than happy to assist with Conservation Commission to achieve that. Chairman Kozlowski noted that in his conversation with the Conservation Chairman, Mr. Mulkern, both parties are agreed that the goal is to ensure the validity of the 12 pages of regulations. Chairman Kozlowski stressed that what remains inside the scope can be re-adopted, following the proper procedures. Anything outside of that can't —or must go to Town Meeting for approval. Mr. Moran stated there have been issues regarding aesthetics and questioned if there is anything in the by-law that supports/defines aesthetics? In Mr. Hucksam's opinion aesthetics can be a proper wetlands value, however, it needs to be part of the by-law in order to be in the regulations. According to Mr. Hucksam, it appears in the regulations but is not in the by-law. Mr. Moran also inquired since 2010, if there was any remediation forced or action taken on any of these by-laws. Mr. Hucksam feels it is highly inappropriate to speak about any particular action or case that the Commission has dealt with. Each has their own hearing requirements,notice or decision issues, appeal deadlines on decisions that may have passed and advised not to go into that at this time. Mr. Aptowitz asked the Chairman if the Conservation Commission were invited to the meeting. Chairman Kozlowski stated that the report was given to the Commission and the hope was that they would attend as a group. Mr. Aptowitz found it very insulting that they were told of the meeting and its importance and chose not to attend. Mr.Annino inquired as to how move forward. Chairman Kozlowski believed that Mr. Mulkern was attending and felt there was a consensus to work with Town Counsel to review the regulations and to deal with those issues that fall outside of the by-law. Have Town Counsel advise to re-post those issues so that the Conservation Commission can readopt. Board Of Selectmen's Meeting February 13,2013 Page 7 of 12 The Chairman asked Mr. Hucksam if he was able to find who authored the regulations or how they came to be? Mr. Hucksam stated that beyond what has been given there is no known source. Mr. Annino asked how to make sure this is handled expeditiously as possible. The Chairman's thought was at this meeting,to which Mr. Annino asked if the Board could set some milestone dates. That if the Commission cannot set the dates then the Board should. There was a discussion that any change to a by-law MUST go through Town Meeting but the Commission can fix problems with regulations that are within the scope of the by laws by following the proper public hearing process. The Chairman and Board just want to be sure that the proper procedures are being followed and that can be done through working with Town Counsel. The Board provided Town Counsel to all departments and that the procedure is to communicate with the Town Manager for the service. Mr. Annino stated that there should be an invite to the Chairman of the Conservation Commission to a future meeting and speak about getting this issued resolved. Mr. Moran noted that the review was over a specific period of time but that this is an issue that has been ongoing for a while. Mr. Ross suggests a motion for the Conservation Commission to meet with Town Counsel as soon as possible to begin a process to bring the regulations into compliance with the by-law and follow the requirements and work on proper public hearing notice and adoption of regulations. He added the Board cannot tell them to meet but can suggest this in protection of their authority. Chairman reiterated that in ensuring that the Conservation Commission's regulations are in order, it makes the Commission that much stronger in the event that any enforcement action is taken on a piece of property. Mr. Hucksam stated that this is a fundamental achievement of Town Counsel's office to assist all Boards in public hearings to put them in the strongest possible position. Mr. Moran would like to see a motion requesting the Conservation Commission to meet with Mr. Hucksam or Town Counsel to ensure the Town has the proper meeting notices and filing on regulations within the scope of the by-laws. Mr. Dentino does not believe in bringing in the Chairman as one. It is a group of volunteers who may not know all the legalities of working through the Town and the responsibility is for the Town Agent to world with the Commission to get things done. He felt this is the avenue to be taken. Mr. Ross added that Mr. Dentino made a good point but would add that he reviewed the minutes and there are several members who were extremely involved in the preparation of the regulations and spent a great deal of time on them. It appeared to him to be a Board driven set of regulations, which is fine if that is how they wish to conduct business. But he felt that those few were more interested in having the regulations fine-tuned as to how they wanted them. Mr. Hucksam agreed with Mr. Ross. Mr. Dentino reiterated that the entire Conservation Commission should be invited. Mr. Ross stated that the Board cannot direct them but can suggest strongly on working with Town Counsel on the updating of the regulations and proper notice and public hearings. Mr. Ross noted that this will take time. Mr. Dentino suggested for Mr. Ross and Mr. Hucksam meet with the Conservation Commission to review the points found in the review and then if the Conservation Commission would like to give further input they are welcome at the BOS meeting and participate. And if they do not then the Board moves forward with those willing ConComm members and Town Counsel. Board Of Selectmen's Meeting February 13,2013 Page 8 of 12 Motion: To suggest that the Conservation Committee, at a meeting, schedules Rick Hucksam, Town Counsel and Bill Ross,Town Manager to review the regulations,to properly make notice on the regulations that are in the scope of the by-laws. (Moran/Annino) PASSES 5:0 Scott Feely,49 Fruit Street,furthered the discussion of Town Counsel's report. Mr. Feely questioned the status of the current regulations and whether they are valid, due to the Town Counsel's findings. Mr. Hucksam stated that in terms of any particular application which would involve a specific set of facts (a new application), that the regulations have to be assumed to be valid. A. Review/Approval of Minutes of Meetings • January 16, 2013 BOS Meeting Mr. Moran (Aptowitz/Annino), no discussion, PASSES: 4:0:1 (Moran Abstains) • January 23, 2013 BOS Meeting Mr. Moran(Annino/Aptowitz), no discussion, PASSES: 5:0 • February 6, 2013 BOS Meeting Mr. Moran (Annino/Aptowitz), no discussion, PASSES: 3:0:2 B. Approval of Warrants Town Vendor Warrant No. 13033T $422,545.97 Motion: To approve Town Vendor Warrant 13033T $422,545.97 (Aptowitz/Annino) 5:0 Passes Electric Department Vendor Warrant No. 13033E $1,693,415.99 Motion: To approve Electric Department Warrant No. 13033E $1,693,415.99 (Aptowitz/Annino) PASSES 5:0 School Department Vendor Warrant No. 13033S $61.56 Motion: To approve School Department Vendor Warrant No. 13033S $61.56 (Annino/Aptowitz) PASSES 5:0 Town Payroll/Town Medicaid Payroll Warrant No. 13033PT$269,760.88 Motion: To approve Town Payroll/Town Medicaid Payroll Warrant No. 13033PT (Annino/Aptowitz) PASSES 5:0 Town Deductions - Vendor Payroll Warrant No. 13033TV $80,671.17 Motion: To approve Town Payroll Warrant No. 13033TV $80,671.17 (Annino/Aptowitz) PASSES 5:0 School Payroll/School Medicaid Payroll Warrant No. 13033PS $1,454,791.19 Motion: To approve School Payroll/School Medicaid Payroll Warrant No. 13033PS $1,454,791.19 (Aptowitz/Dentino) PASSES 4:1 Annino NAY School Deductions—Vendor Payroll Warrant No. 13033SV $486,783.07 Motion: To approve School Deductions—Vendor Payroll Warrant No. 13033SV $486,783.07 (Aptowitz/Annino) PASSES 5:0 Mr. Aptowitz wanted clarification that if there are only two selectmen present can the Town Clerk sign off on the warrants. Mr. Ross stated yes but that if the Town Clerk is not available to sign the warrants cannot be paid with the exception of Payroll due to an overriding State Law. C. Licenses and Permits 2013 Drainlayer's License—Peter DeGirolamo & Sons, Inc. Board Of Selectmen's Meeting February 13,2013 Page 9 of 12 Motion: To approve Drainlayers License—Peter DeGirolamo & Sons, Inc. (Aptowitz/Annino) PASSES 5:0 D. Correspondence None E. Approval of One Day Beer and Wine License Approval of One Day Beer and Wine License for Tri-County Beagle Club Event on February 17, 2013 Motion: To approve One Day Beer and Wine License Tri-County Beagle Club (Aptowitz/Dentino) PASSES 5:0 F. Proclamations • Reading of Proclamation for John Hogan (Moran) Motion to Execute the Proposed Proclamation for Mr. Hogan (Aptowitz/Dentino) PASSES 5:0 • Reading of Proclamation for Jack Vultaggio, Jr. Motion to Execute the Proposed Proclamation for Mr. Vultaggio (Aptowitz/Dentino) PASSES 5:0 Mr. Ross stated that both Mr. Hogan and Mr. Vultaggio will receive the signed proclamations with a Town pin and that there will be a coffee for Mr. Hogan at the end of this month. Mr. Ross and Shaun Burke, Planning Board, met earlier this week with representatives of Plainridge Racetrack, John Grogan and Dominic Longobardi. They have filed with the State,to add expanded gaming to their facility in Plainville. The track will be adding 1,250 slots,restaurants,banquet facilities,parking garage in conjunction with live and simulcast racing. There will be no table games. The presentation is available for the Board's review. Mr. Ross felt the impact is minimal if nothing at all to the Town. There is one point where Mansfield and Plainville share a boundary which is all the Towns share. Plainridge has made a significant investment and seem to have the backing of the residents of Plainville. The Town will make the presentation available for viewing on the Town website as well. The Chairman inquired as to mitigation with Towns that abut Plainville and Mr. Ross reported that the Gaming Commission will make that decision. Looking to open Spring of 2014. Mr. Ross noted that the staff worked tremendously hard and spent exhaustive hours on the snow storm and he felt they did a great job. Mr. Ross said that as the Town does after every major event,this storm will be looked at what went right and what can be improved. Mansfield had the most snow in the region at 31.5". To have most residents mobile by late Sunday and remainder into Monday is a major accomplishment. The electric crew did a great job, longest outage was an hour and ten minutes on Balcom Street. There was a series of interesting bumps where lights flickered and was due to one side of Gilbert Street substation faltered (was a National Grid issue). The Town serves from both sides and when there is a fault on one it shifts to operate all on the other side. This set off burglar/fire alarms in Forbes Park. Mr. Ross announced that the Town has used all of snow removal money and have completed forms for deficit spending. Snow removal is something the citizens expect us to do,there will always be a few missed spots, especially at night but the Town did follow up. Major issue with the sidewalk equipment failure but found that the equipment, which was purchased in 1997, is having issue that are not unique to Mansfield. Chairman Kozlowski noted South Main Street was snow covered on Sunday morning but when a certain point was reached it was clear. Mr. Ross reported that was because that particular portion is controlled by the State. Board Of Selectmen's Meeting February 13,2013 Page 10 of 12 The Chairman followed up with a question concerning the brine equipment. Mr. Ross reported that it worked well until the heart of the storm(2"to 3" an hour)where snow was tough for anything to keep up. Mr. Dentino asked if the Town had outside assistance. The Town did have assistance through outside contractors but not through outside the State. Mr. Ross noted that Deb Herbert worked from home with updates via Twitter and Facebook to the residents. Mr. Ross complimented Ms. Hodges, School Superintendent, for working through the storm and keeping in contact with the Town Manager and Town Departments. The Capital Committee worked last night and reported updates to their plan. The Committee finalized a price on telephone replacement system as$425,000.00,which would cover all the schools,most municipal buildings,with the exception to the emergency system on County Street, Waste Water Plant. Great step in modernizing the system. Currently have over 16 phone systems. The second addition is a new sidewalk plow. Current plow is 16 years old and not adequate. Capital Plan was amended and finalized. Next step would be addressing immediate needs for all departments and have 1 to 5 year plans. Mr. Dentino expressed sadness over the loss of Beth Flint. He gave his condolences to the Flint Family, she was a great person, hard worker and was able to fulfill her dream of owning and operating an ice cream stand. Mr. Annino asked Mr. Ross if Nick Riccio,Building Department, checked all the roofs, after the storm. Mr. Ross reported that the wind helped in blowing much of the snow off the roofs, and the Town is in good shape. Mr. Riccio, Mike Ahern, Walter Parker, School Department and the Fire Department will continue to follow up. Mr. Moran noted that on the 27th of February BOS meeting, will review Mr. Lou Amoruso's Comcast Cable renewal license. He asked the Board to review the material. Mr. Moran stated that the Board made a couple of appointments a few weeks ago and he is concerned that new appointments are not getting a fair shake. The new members did not come in with an agenda and Mr. Moran noted that he does not either. He mentioned that one of the local papers made an erroneous statement in an article that a dispute concerned the hiring of a "Conservation Agent", but it was actually the hiring of a lawyer, outside of Town Counsel, to initiate legal action. It is important because the Board takes following proper procedures very seriously. Mr. Aptowitz reported that most calls, concerning the snow storm, were positive he called Mark and his crew to thank him. Mr. Aptowitz reminded the Board of Mr. Ross's evaluation. Mr. Aptowitz asked for the status on the new Police Chief. Assessment for police chief is finalized, appointments in March. Chairman Kozlowski offered that the press can easily contact members of the Board whenever there is an issue. Numerous letters to the editor is an example of stating a belief without knowing what is behind it. He believes toni ht's events shed some li ht as to havin a much better Board, Town and regulations. None Board Of Selectmen's Meeting February 13,2013 Page 11 of 12 Motion to adjourn at 9:59pm (Kozlowski/Aptowitz) All in favor. PASSES (2td ).7 Signature o Clerk Date of Approval /Tracey Whalen Board Of Selectmen's Meeting February 13,2013 Page 12 of 12