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HomeMy WebLinkAboutmin brd of selectmen 08/28/02 ~ f,:) 1\ '.-!..'..fr-O .. I 1. 'Co ..,;' L., ...., "";:'FICE " 'j-' ~ ...._'" . , (' Board of Selectmen Minutes of August 28, 2002 02 SEPf 2 ß,ì.¡ II: 43 ¡". :,:_L"[J f'í/\S ¡!':;¡:-'frS ~- '......... Present: Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman Michael W. McCue; Selectman David W. McCarter and Louis P. Amoruso. Town Manager John O. D'Agostino The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. Selectman McCue asked the Board to discuss and decide what they would like to do to commemorate September 11th. The suggestion was made to meet at 6:00 p.m. to conduct the business portion of the meeting, then attend the community commemoration ceremonies. Motion: To start the Selectmen's meeting on September 11th at 6:00 p.m. (MacCaffrie-McCue) 5-0 Passes r Weekly Busines · Warrant No. 08 in the amount of $1,829,790.44 Motion: To approve warrant, already signed (MacCaffrie-McCarter) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Warrant No. 09 in the amount of $3,958,462.10 Motion: To approve and sign warrant (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Open Session Minutes of August 14, 2002 Motion: To approve and sign (Amoruso-McCue) 5-0 Passes r · Bond Anticipation Notes Motion: To approve the sale of a $1,900,000 1.75 percent Bond Anticipation Note of the town dated September 5, 2002 and payable September 4, 2003 to Fleet National Bank at par and accrued interest plus a premium of $4,750. and further voted to confirm the consent dated August 26, 2002 to the financial advisor bidding for the notes Board of Selectmen Minutes of August 28, 2002 1 (' (Amoruso-McCarter) 5-0 Passes . Drainlayer's licenses recommended for approval by Town Engineer John Sullivan: J. H. Lynch & Sons, Inc., 50 Lynch Place, Cumberland, RI Motion : To approve (MacCaffrie-McCarter) 5-0 Passes Coran Corporation, 159 Porter Street, Westwood, MA Motion : To approve (MacCaffrie-Amoruso) 5-0 Passes Town ManaQer and Staff: r · Memorandum from DPW Director Lee Azinheira with Job Description for review and approval- Automotive/Heavy Equipment Technician DPW Director Azinheira noted whenever there is a position that becomes vacant due to a retirement, we take the opportunity to update the position description. This does not mean an increase in salary, as it is a union position with a salary range that is negotiated. Selectman MacCaffrie questioned the wording on an aspect of the duties and responsibilities. Selectman Amoruso suggested taking out from "and" to "equipment." Motion: To approve the job description as revised (Amoruso-McCue) 5-0 Passes · Memorandum from Police Lt. George Figueredo re: Tweeter Center curfew violation of 8 minutes at the Aerosmith concert on August 22nd Motion: To notify Tweeter Center of their need for a hearing or to provide certified attendance figures and pay the fine (MacCaffrie-McCarter) 5-0 Passes · Memorandum from Police Chief Arthur M. O'Neill re: liquor license violation alleged to have occurred at The Store, 213 South Main Street, on July 25, 2002 Motion: To schedule a hearing September 25th and notify the licensee (MacCaffrie-Amoruso) 5-0 Passes r Board of Selectmen Minutes of August 28, 2002 2 r I Boards and Committee: · Letter from Jack J. Vultaggio, Jr., ZBA Chairman, disclosing a prior business relationship with a consultant for Rosewood Realty Trust Residents: · Request for block party on Gale Lane Saturday, October 5, 2002 from 1 p.m. - 7 p.m. (Has been reviewed and approved by Police and Fire Chiefs with proper signage and emergency access) Motion: To approve with proper signage and emergency access provided (MacCatfrie-Amoruso) 5-0 Passes · Request for block party on Harvestwood Lane Saturday, September 14, 2002 from 2 p.m. - 9 p.m. (Has been reviewed and approved by Police and Fire Chiefs with proper signage and emergency access) Motion: To approve with proper signage and emergency access provided (MacCatfrie-Amoruso) 5-0 Passes r Selectman McCue encouraged those organizing the block parties to contact SafeNeighbors for the fingerprinting of neighborhood children. Others: · Letter from Bruce Montgomery, Executive Director of Tweeter Center, with certified attendance figures and a check for $4,899.25 in payment of the fine for their curfew violation for The Who concert on July 26, 2002 Selectman McCarter stated he would like to see a way of using this type of money for a good cause. · Letter from Billy Kelley Memorial 5K Road Race Committee - change of date from Sunday, November 17t\ to Sunday, November 24th. Race was previously approved, but needs vote to revise date. Motion: To approve the change of date for the Billy Kelley Memorial 5K Road Race to Sunday, November 24th. (MacCaffrie-McCarter) 5-0 Passes r Eagle Scout candidate Cory Isabelle, of Troop 17 , was in attendance to present the plans for his Eagle Scout Project. He is Senior Patrol Leader of Troop 17 Board of Selectmen Minutes of August 28, 2002 3 (' Mansfield. Cory Isabelle outlined his plans for Tot Lot picnic tables and a backboard at the Mansfield Little League Field. He thanked various businesses for donating many needed materials and other organizations for their donations. He plans to finish the project in the near future. Motion: To support the project (McCue-Amoruso) 5-0 Passes Dr. Victor DeSantis, Director of the Institute for Regional Development at Bridgewater State College, and Kris Monaghan, also of Bridgewater State College, were present to discuss their services to cities and towns in the region. They provide training, technical assistance and outreach work. Dr. DeSantis noted meeting with Selectman McCue and Town Manager D'Agostino a month ago. He stated they've worked with many municipalities and are currently helping Canton with their Master Plan. They've also worked with the Town of Barnstable and have done studies of municipal organization and reorganization. He spoke of their success in working with various towns in obtaining grants to fund a variety of projects. (' GIS opportunities were presented by Ms. Monaghan, in particular a software grant that Mansfield may be eligible for. Dr. DeSantis discussed the base information of digitized maps for the town and a supporting database containing additional information. Part of the training they provide is for the various departments to tie in their information. Mr. D'Agostino noted we have received a grant and are in the process of getting this type of information integrated. He suggested this is something we would be interested in applying for and asked for their presence at a meeting with our GIS Steering Committee that will be called. There is a Department Head meeting coming up soon where he will address with staff the grant opportunities available. Selectman McCue reported the participation of School Department representation during their initial meeting and suggested they may also be interested in their assistance. He noted his position on the Board of Trustees helps him to be aware of what is available and he expressed the hope we would be able to avail ourselves of their services. Town Manager D'Agostino invited them to the GIS meeting on September 11th and the Department Head meeting on September 16th. r Board of Selectmen Minutes of August 28, 2002 4 (' The notice of Public Hearing as it appeared in The Sun Chronicle on August 14, 2002 was read by the Clerk. Motion: To open the public hearing at 8:30 p.m. (MacCaffrie-Amoruso) 5-0 Passes This project deals with the beginning of the burial of the overhead lines in the downtown section of North Main Street. The box will be placed by Verizon on an island located on the corner across from Cheng-duo It will be camouflaged with drought resistance plantings and the island will be mulched. Selectman McCue asked if this would interfere with the hydrant next to it. DPW Director Azinheira stated it will not be a problem, noting the hydrant is further away from the box than it appears to be on the plan. r ., Chris Parella of Verizon explained they propose to put in a box 4 feet wide by 50 inches tall and will be working with the Garden Club to choose appropriate plantings, with Verizon picking up the tab for the plantings. Gary D'Ambra noted the project in its entirety will require the disturbance of sidewalks and some minor road cuts. Mr. Parella reported the 40 foot piece of conduit crossing North Main Street will take one day. They will coordinate details with the Police Department and letters will be sent out to all the businesses affected on North Main Street. They will make every attempt not to disrupt traffic any more than possible. Mr. D'Agostino asked that if there is open trenching in the area of North Main and Cottage that it be plated or filled and temporarily tarred at the end of each day. Mr. D'Ambra noted the Light Department has used the contractor Verizon will be using on this project and they are very conscientious and reputable. Motion: To close the public hearing at 8:10 p.m. (MacCaffrie-Amoruso) 5-0 Motion: To proceed with the work as outlined with the requirements stated. (MacCaffrie-McCarter) 5-0 Passes I Monitoring r DPW Director Azinheira briefly updated the Selectmen on the success of the Phase II water ban. 3.51 million gallons per day (mgpd) were being pumped prior to the institution of the Phase II ban, and it dropped down to 2.4 mgpd. Water Board of Selectmen Minutes of August 28, 2002 5 (' Operations Manager Kurt Gaffney noted the wells are no longer being stressed and the water levels have begun to come up. Water Operations Manager Kurt Gaffney, DPW Director Lee Azinheira, and Bob Chappel, Project Manager from Woodard and Curran, were in attendance to present a synopsis of the baseline monitoring report for Morrison Well No. 10. r Mr. Chappel noted one of the conditions in the permitting of the Morrison Well was monitoring the Atlantic White Cedar Swamp area. The report shows it is not being impacted by Well Nos. 6 and 10. Other conditions predicted by the modeling done have held and this year's data will serve as the baseline for future monitoring. After five years of monitoring we should be in a position to ask the State to modify the monitoring conditions. The levels of precipitation will be taken into consideration. Water levels in the peat below the swamp fluctuated, but will be brought up with a good soaking rain. It has dropped since mid-July and is monitored by the SCADA system. The conditions of permitting the well require us to invoke water conservation measures. We were able to delay water bans and still meet peak demand during a very dry year because we have the Walsh well on line. Selectman McCue noted having the Morrison and Walsh wells online will be a benefit in our economic marketing efforts. The old Mill Street Well, previously known only to Selectman MacCaffrie, will be tested to determine its usability. If conditions improve, we may be able to go back to Phase I of the water ban. r DPW Director Azinheira spoke of the water consumption of Norton and we estimate providing them 250,000 gallons of water, which would be billed at $1384.77, including overtime, for the water we supplied them with during their water emergency. Chairman Donovan suggested we charge them only for the overtime as we don't have wholesale rates. The overtime cost was $420.55. Mr. D'Agostino noted ratepayers need to be treated fairly and equitably and if you use it, you should pay for it. He suggested it would be a goodwill effort and we were able to do it. Selectman Amoruso noted it may help to cement our relationship with Norton and they are not deriving a profit from our water. Selectman McCue noted the Norton Board of Selectmen I s gesture of being unwilling to further pursue the Norton Water Department's claim against Mansfield for the dispute use of water last year. Mr. Gaffney noted two other communities were unable to supply them water and it was the suggestion of Steve Bishop that we should help them out in this emergency. None of our customers were without water or pressure because we provided Norton with our water during the emergency. Motion: To waive the cost of the charge for the water and bill them only for the cost of the overtime. (McCue-Amoruso) 5-0 Passes Board of Selectmen Minutes of August 28, 2002 6 r Mr. Azinheira advised the Selectman that he has delayed his request for a modification of the flammable storage license at the Highway Garage because he feels it needs to be readvertised to include all the fuels they store: 10,000 gallons gas, 10,000 gallons diesel, and 2,000 gallons of miscellaneous flammables. Discussio Finance Committee Chairman Andres Gazzolo stated they do not feel the early retirement incentive is in the best interests of the Town at this time and there is no cost-saving benefit in implementing this plan in Mansfield. The program would be beneficial to large cities, but is not to a town the size of Mansfield. r The program features were reviewed briefly, but there was no ability to determine a positive financial benefit to the community. The only way it saves us money is if we do not have to replace the individuals retiring, and that is not the case in Mansfield. If the Board decides to implement it, the Town Manager said he would work out with the staff who stays and who goes. Mr. Gazzolo noted if the number of people who go is restricted by category, the goodwill goes. Selectman McCue reiterated his opposition to adopting the program, claiming that the numbers still don't justify Mansfield's participation. Motion: Not to adopt the Early Retirement incentive program (McCue-Amoruso) 2-3 (McCarter, Donovan and MacCaffrie opposed) Fails Selectman MacCaffrie pointed out that in the case of firefighters there have been savings pointed out by them, mainly in less vacation time being available to new firefighters that does not have to be covered at overtime. He asked that if anyone feels they can present a solid case for adopting the program, they be allowed to do so. Selectman McCarter said he's ready to support the motion unless someone can convince him there would be a savings. During the ensuing discussion it was noted that we have until November to make this decision, and if it is not adopted by that time it just dies. It was acknowledged that because someone indicates an interest in retiring does not mean they will ultimately decide to do so. r Selectman MacCaffrie expressed his displeasure with the process of determining interest, noting the process did not provide a conclusive indication of who would be retiring to enable us to predict savings, but only a survey of interest in retiring among those eligible to do so. He asked that it be put on the agenda again at the next meeting and if anyone can convince us to adopt the program, they be given the opportunity to do so. Selectman McCue stated he feels it's best to make a decision on the issue and not let it languish. Board of Selectmen Minutes of August 28, 2002 7 r r Gary Forget of 34 Webb Place was allowed to speak on the water issue. He noted we have not resolved our disputed water bill with Norton regarding the amount they claim we used. He stated his belief that the $900 in lieu of collecting it from Norton could have gone to help our seniors with their increased water and sewer bills. He suggested the issue did not have to be addressed tonight and could have been held as a bargaining tool with Norton and as a show of respect to Mansfield ratepayers. He stated he expects a response to his comment. Chairman Donovan noted it was an emergency situation and he hopes they would respond in the same manner if we had an emergency. They will be paying for the expenses. Mr. Forget noted we have gone to a great deal of trouble trying to resolve Norton's claim of our water use, and it does not make sense to provide them water without charge when they are suing us over water they claim we used. He noted his belief that the Selectmen missed the principle. Selectman Amoruso noted it did not cost us any real money and we w¡J¡ be reimbursed for the cost of personnel time. We do not believe they are pursuing the previous claim against us and it was the right thing to do. Mr. Forget pointed out the Selectmen have never waived the cost of the water when ratepayers have been charged for misread meters. He pointed out that both the DPW Director and the Town Manager recommended Norton be charged for their water and he chastised the Selectmen for not taking their recommendations. He also thanked Mr. D'Agostino for continuing as Town Manager. The Town Manager reported: r · We've received a Chapter 40B application for residential housing (Rosewood Estates) at Routes 140 and 106 off Copeland Drive. We've received funding from the State to work with the Town to minimize the impact. The units will be 2-bedrooms with a minimum of 2 baths. He's asked the ZBA to develop regulations immediately. Selectman Amoruso asked if we know what number we need to reach the 10 percent affordable housing quota. Mr. D'Agostino noted the hearing is scheduled for September 17th and the 10 percent number changes continually based on the total number of housing units in town. Woodard and Curran will be reviewing the engineer's figures for accuracy. Of the 48 units, 25 percent will be affordable. Selectman Amoruso suggested if we come close to reaching our quota with the number of units being built, we may want to talk to them about providing additional units to meet the quota. Selectman MacCaffrie stressed the importance of not missing any of the deadlines. Board of Selectmen Minutes of August 28, 2002 8 (' · The Town will be establishing a remembrance for the victims and families of September 11th. We will be requesting staff to observe a moment of silence at the time of the first attack, asking them to wear patriotic colors, and planting a memorial bush outside Town Hall on the South Main Street side at noontime. If the Selectmen would like to join the staff, they are invited to do so. · The Light Department will be holding their Annual Safety Luncheon for the Seniors on Friday, September 20th, at the COA. Selectman are invited to attend. One hundred seniors have already signed up and seats are limited. · On Friday September 27th there is a Senior Law Day with the Justice from the District Court in Attleboro. · Eric Steiner is doing a flag retirement ceremony for his Eagle Scout project. He will be collecting torn or faded flags on the South Common on two Saturdays September 14th and October 12th, between 9 a.m. and 1 p.m.. He will be retiring the flags at the Canoe River Campground in a ceremony to be held October 25th at 7:00 p.m. For additional information, Eric can be contacted at 508-339- 0418.. r · Has been in contact with Ambassador Celluci regarding the donation of a large flagpole for the East Mansfield Common. The particulars have not been worked out, and we may have to pay some transportation costs to get the pole down from Nova Scotia. He was encouraged by their response. · The second phase of the West Street project will begin in September and continue until November. It will not interfere with the passage of traffic. · The Free Cash amount, although uncertified at this time, is $1.2 million of which $948,000 is from unexpended appropriations within the budget. We will get an accounting from the Town Accountant for the Selectmen and Finance Committee. r · We're trying to establish an early Fall Town Meeting. He recommended we replace the $560,000 in stabilization and add $260,000 to it. He needs to close out expenditures so he can set the tax rate and would like to do so as soon as possible. He would recommend a late September or early October Town Meeting. Selectman MacCaffrie asked about restoring some funds for the seniors and the library who took a hard hit when the budget was cut. Mr. D'Agostino noted he would also be recommending that a reasonable cost of living increase be instituted. for the small number of non-union personnel who did not receive increases this year. The Library budget will also be increased in the Board of Selectmen Minutes of August 28, 2002 9 r FY'04 budget. Selectman McCarter said he would like to revisit some of the capital items that were not funded. Town Manager D'Agostino noted that would be done in the '03 budget. . We have a joint meeting scheduled with the Assessors on September 3rd to discuss assessments and classifications. . On Thursday, September 5th, he plans to meet with District 5 regarding the School Street bridge and the need to permanently signalize West Street at Forbes Boulevard. He understands the contractor has been instructed to take down the signalization once the project is completed and feels the need to be present at that meeting. He welcomes the attendance of Selectmen also. · Coffee Hour is scheduled with the Seniors on September 12th at 10 a.m. and the public is invited. · There is also a tri-town meeting with Foxboro and Norton Sewer Commissioners in Norton scheduled for September 12th. r Motion: To reconsider the vote to give Norton the water (MacCaffrie-no second) r Selectman MacCaffrie: · Spoke about the issue of the landclearing at the former Great Waves site and noted what's been done is over. He brought up some issues we need to keep a watch on. He cited the Corps of Engineers Notice-Condition 31 - 1 year completion of work that has commenced prior to the expiration in 2005. He stated it should be marked on a calendar for one year from the start to be sure they've finished. The also cited the DEP regulation wherein they have to be done within 3 years. He noted reviewing both these issues and noted both the orders of conditions were predicated on the plans submitted, which included culverts and retaining walls. Replication of disturbed area must also be done. Any drainage work and retaining walls should be monitored by the Conservation Commission and Mr. Lewis with regard to what's in the orders. Mr. D'Agostino noted these are Federal and State conditions, and we do not have authority on the local level to supercede those. We w/Ï/ look at the dates, drainage and retaining walls. We do have the right to access the property for the purpose of monitoring and reporting. We will make sure that Mr. Lewis continues to monitor the project and report any violations. Board of Selectmen Minutes of August 28, 2002 10 r Selectman McCarter: · Asked about the status of a program for utility assistance for seniors. We can do that in addition to the tax rebate and can implement it with the overlay money. That was cut back to balance the budget and we're looking for a funding source. Selectman MacCaffrie: · Reported he has had numerous complaints about the need to get a left turn signal at Routes 106 and 140. He stated that's half the backup when the train comes in and it extends back to Copeland Drive and beyond. Selectman Donovan noted the same problem exists at School Street and 140. Mr. D'Agostino stated he believes it is a State intersection. Selectman MacCaffrie suggested a letter from Lance (Ptlm. Lawson) to the State might help. r · There's now a speed limit sign missing on East Street. Mill Street now has only one, with nothing from the Common to Route 106. He said there needs to be a couple at the start and somewhere in the vicinity of the East Street and Mill Street intersection and another up around the campground. There's one 20 mph sign between the curb and Gonsalves. The signs either went down during the road reconstruction or some other way. Selectman McCue: · Spoke of opportunities with Hatheway Patterson and the Ames property in the business park and noted a meeting with the IDC to discuss appropriate ways to market the different properties. EPA said at some point in time they need to know what we'd like to do with the land and he'd like the Board to consider appointing a committee to try to get some idea of what direction we want to take with the land in order to get it remediated to that level of use. r · He'd like to revisit the creation of a Redevelopment Authority. Mr. D'Agostino noted the importance of the Hatheway Patterson site and getting it back on the tax rolls. The problem we have is once we move forward with any kind of plan, we need to have the ablÏity to implement it. Were also looking at putting a tunnel under the tracks so we have access to the back of the property. Half the plume is under the ralÏroad tracks and building a tunnel would encapsulate it. Selectman MacCaffrie asked about the Town doing a 40B project on the site ourselves to meet our 10 percent quota. Selectman Amoruso noted other options, such as a community center, and the need to have a unified plan. Board of Selectmen Minutes of August 28, 2002 11 · r- Selectman McCue noted Mass Development could also play a role in the redevelopment of the property, resulting in their bearing the responsibility and the Town reaping the tax benefit. Motion: To continue the meeting for 5 minutes past the 11:00 p.m. curfew (MacCaffrie-McCue) 5-0 Passes · When the new State budget was passed there were amendments to the senior tax plans in the age threshold and the amounts and the value of the property. The number of people who would become eligible has increased and if the changes are adopted at town meeting we may need to increase the overlay account to cover it. Selectman Donovan: · Received a complaint about people putting vinyl siding in the compost area. That material should be brought to the recycling area and it should be put on cable. r Motion: To adjourn at 11:05 p.m. (McCu -Amoruso) 5-0 Passes pl< Date of Approval r Board of Selectmen Minutes of August 28, 2002 12