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Board of Selectmen
Minutes of
February 27, 2002
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Present:
Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman
Bradford E. Wills; Selectmen David W. McCarter and Daniel Donovan.
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.
. Warrant No. 36 in the amount of $2,381,189.39
Motion: To approve and sign
(McCarter-Wills) 5-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
r' · Executive Session Minutes of February 20, 2002 Selectmen's Meeting
Motion: To approve but not release
(McCue-Donovan) 5-0 Passes
. Open Session Minutes of February 20, 2002 Selectmen's Meeting
Motion : To approve
(McCue-Donovan) 5-0 Passes
. Retail Package Store All Alcoholic Beverages License for Mansfield Variety &
Deli to be signed (previously approved by the Selectmen and now approved by
A BCC)
Motion: To sign the license
(McCue-Donovan) 5-0 Passes
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George Dentino, Gladiola Terrace - noted he'd like to comment regarding the water
pressure issue later in the meeting.
Board of Selectmen Minutes of February 27, 2002
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Kurt Gaffney, Water Operations Manager, referred to the Water Division Update
Manual presented to the Board. He reviewed the water pumping and consumption
outlined in Section 1 of the report. Groundwater levels were reviewed, and the
recommendation was made to go into Phase I of the Water Use Restriction
(odd/even watering allowed only in the morning between 5:00 a.m. and 9:00 a.m. and
in the evening between 6:00 p.m. and 9:00 p.m.) effective May 6,2002. Permits for
new lawns will be issued as they were last year. We are connected to the water of
all abutting towns; however, the valves remain closed unless there is a catastrophic
emergency situation. The addition of the Morrison Well coming online is expected
to prevent additional water use restrictions from having to be put into effect. The
State, however, also has the ability to establish state-wide restrictions, which
would also affect private wells.
Motion: To institute a Phase I Water Use Restriction effective May 6, 2002, as
recommended
(Donovan-McCue) 5-0 Passes
The water connection policy was next reviewed and summarized as it is presented in
the Water Division Update Manual. A summary of water connection allocations,
,~ based on the Water Management Act, was reviewed.
Motion: To adopt the update of the Water Connection Policy of January 24, 2001
to limiting consumption to 3,394 gallons per day.
(McCarter-McCue) 5-0 Passes
The water meter replacement program was next reviewed and updated. The
replacement program should be completed within the next two years. We are in the
process of converting to automatic meter reading and recording. Mr. Gaffney
noted the outside meter does not record as accurately as the inside meter. The
longer people go without getting their meters changed, the greater the likelihood
of the homeowner being hit with a big bill when the inside meter is actually read
and changed.
There will be an open house and dedication for the two new wells. The Mahana Well
No.6 is approximately 50 percent completed and it is estimated it will be done by
April 15, 2002. The Morrison Well No. 10 is approximately 80 percent complete,
with an estimated completion date of April 1, 2002. There will be a dedication of
both new wells on Saturday, May 11, 2002 at 10:00 a.m. to coincide with Water
Week. We will be hosting the Water Day meeting on May 8th.
r Water revenue was reviewed and a final recommendation will be presented to the
Board by April 10, 2002. Total water revenues from FY2002 ended down from
Board of Selectmen Minutes of February 27, 2002
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r initial projections, but due to unexpended debt service, the year closed with
retained earnings in the amount of $31,595. Discussion ensued as to the major
capital projects that need to be done. The peak in November collections reflects
water use during summer months. Capital charges have declined because of a
building slowdown.
Water Treatment Plant and/or Water Operations Center needs were reviewed,
with two main problems being discussed-operations out of the old Cate Springs
Pumping Station and iron and manganese problems and complaints. There is still a
possibility of our becoming eligible for the 2 percent State Revolving Fund (SRF)
funding. We came in 2¡th of the projects approved, with funding being given down
through the 26th approved project. If one of the funded projects drops out, we
would be eligible. Mr. Azinheira noted they are scheduled to go before the Capital
Improvements Committee March 19th and would like direction from the Selectmen.
Bob Chappel of Woodard & Curran reviewed the seven alternatives presented in
their report. It was suggested that this issue be included as an agenda item by
itself in two weeks. Mr. Azinheira reviewed the preliminary estimates and
alternatives contained in the Woodard & Curran report.
Kimberly Paiva of Marshall Avenue asked if the water ban, resulting is less water
r consumption, would reduce the water pressure in her neighborhood. Mr. Azinheira
stated it would not and explained why. Mr. Gaffney noted if the water pressure
were reduced, it would drop to 30 psi in some areas of town. Guidelines indicate
water pressure should be maintained between 35 psi and 110 psi. She then
questioned if the Town is going to absorb the cost of the new water meters. They
are paid for through water charges. She asked if the Water Department has a
supply budget and asked if they feel installing new meters is more important that
installing pressure reduction valves in new homes. Mr. Gaffney said that does not
come under the jurisdiction of the Water Department. Ms. Paiva asked if reducing
water pressure on Ware Street would create spikes in water pressure in other
areas. It would not. The pipes are being replaced because of their condition. She
asked if the water pressure on Ware Street was tested a week ago. Mr. Gaffney
noted nothing changes unless the water in the storage tanks is increased-and then
it would be a variation of only 10 psi maximum. Ms. Paiva maintained that problems
with water pipes on Ware Street are the result of water pressure that is too great.
Mr. Gaffney explained that there is no correlation between the two, and the water
pipes in the Ware Street area are old and have deteriorated over time. She then
asked if the Town provides anything to take care of the red staining in the
dishwashers. Red-B-Gone is available at the DPW Office and the iron and
manganese that causes the staining is what is being discussed for treatment.
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Board of Selectmen Minutes of February 27, 2002
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r The report of the various alternatives presented in the Woodard & Curran report
continued at this point, with construction costs projected for the year 2003 given
for each alternative. Option 2 was recommended to get the most for our
investment. If that is not approved, Option 5 was recommended for consideration.
Steve MacCaffrie of Mill Street asked how many vehicles are now parked at the
garage. There are four.
The final section of the report - DPE 2001 annual statistical report and
attachments - was presented for review and comment.
It was noted that none of the wells present any public health concerns and are
within acceptable levels for drinking water standards established by the
Department of Environmental Protection (DEP) in all areas. Selectman McCue
suggested seeking a political solution through our State Representatives to get the
Massachusetts Highway Department to reduce the amount of salt used on the
roads in the area of the wells.
Mr. MacCaffrie asked "if" the water treatment building goes online we will be able
to use the well that was done many years ago and was never developed because of
r the high levels of iron and manganese. It was noted that it is within close proximity
to the Canoe River and was never permitted when it was explored back in the
1970's. It is located downstream of the Dustin Well. Mr. Gaffney will look into it
further.
Selectman McCue asked if the Water Operations Manager would address the Blue
Stone desalinization project in Dighton. He noted some of the communities in the
area have become involved with it and he would like to have Mansfield take a look at
it. Mr. Azinheira noted attending a presentation a year ago and there are issues of
differing water qualities that can't be mixed He will try to get additional
information, but the most recent information on their website is six months old
Selectmen McCue provided Mr. Azinheira a packet of information he obtained from
Blue Stone.
The notice of public hearing, as it appeared in The Sun Chronicle on February 13,
2002, was read into the record.
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Motion: To open the Public Hearing at 8:32 p.m.
(Wills-McCarter) 5-0 Passes
Board of Selectmen Minutes of February 27,2002
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Chris Parella of Verizon and Gary D'Ambra of the Light Department were present
to discuss their petition to do the work requested in order to upgrade the existing
system. Mr. D'Ambra noted talking to the Flint family, who had no objections to
the work being done. It is a simple project, but
Motion: To close the Public Hearing at 8:37 p.m.
(Wills-McCarter) 5-0 Passes
Motion: To approve the pole location petition and sign the order
(McCue-Donovan) 5-0 Passes
George Dentino of Gladiola Terrace noted having a message from Ms. Paiva on his
answering machine and checked into her allegations because they didn't make sense
to him. He noted the Town does not come under the jurisdiction of the plumbing
code and only has the obligation of providing water at a minimum of 30 psi.
Pressure of over 80 psi only notifies the plumbing contractor that he must put in a
r pressure reducer. The plumber is the one who takes out the permit, does the work,
and is required to adjust it accordingly. He noted chasing the Town would be a
fruitless endeavor because they have no liability. He stated Ms. Paiva's recourse
lies with the plumbing contractor and in turn the developer who hired the
contractor.
Mr. D'Agostino noted the other course of action is through the State, and Building
Inspector Bert Cook has provided Ms. Paiva with information as to how to proceed
with this. In speaking with the contractors, we've been advised that none of them
have been contacted directly by any of the homeowners in Woodland Park. They
are prepared to make those corrections at their cost. Ms. Paiva stated the
plumbing inspector should not have signed off on their building cards if the
pressure was too high. Mr. Azinheira noted there are daily variations and
fluctuations throughout the day.
Mr. Dentino also mentioned Ms. Paiva's desire to have the Town go in and provide
the solution. He noted the Town could not do it, but would have to hire plumbers.
Doing so would put the Town at great liability and is not the correct course of
action.
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Board of Selectmen Minutes of February 27, 2002
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Ms. Paiva said she is here to find out who should be made accountable. She noted
the Plumbing Code book says the water pressure coming into a home should not be
greater than 80 psi. Mr. Dentino noted that is not accurate-that it states if it is
greater than 80 psi, a pressure reducing valve should be installed in the home. Mr.
Dentino noted there is no inconsistency. The State's parameters have nothing to do
with the main-only the pressure inside the house. The pressure is necessary at
the mains and it is the contractor's responsibility to adjust the pressure inside the
house.
Mr. D'Agostino noted the piping inside the house has to be capable of withstanding
125 psi.
The problem in the Wilkinson house was because the pressure relief valve did not
function properly. If the water was overheated, that would increase the water
pressure. Mr. Dentino outlined further how pressure reducing valves work and the
reasons they fail.
Kimberly Paiva read a letter from the Clearys of 4 Denwood Street detailing the
problems they are having. She reiterated her belief that there is something
happening that is not normal.
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Kenneth Paiva noted a secondary issue is the number of failures of the pressure
relief valves. If it's kicking off when set at 150 psi, there must be a surge that's
causing it. Mr. D'Agostino suggested the problem may the temperature the water it
set at that's creating it to build up steam. Mr. Paiva questioned what would cause
water surge of this degree. Mr. Gaffney noted water pressure is regulated by the
elevation of the water tank and does not fluctuate to the degree they are claiming.
The only thing that could cause that is if in new construction the valve at the
street is opened or closed too quickly. The contractors and developers do not open
the valves. Only the Water Department employees do that and all of them are
trained to open and close them properly. In the case in question, it was the
temperature of the water that caused the valve to fail and not the water pressure.
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Mr. MacCaffrie noted everyone's losing sight of construction sequence and
progress. The Town's responsibiltiy stops at the water meter. The piping within
the house is pressure tested and it's supposed to be held for a period of time. That
is all in every city and town that the plumbing inspector checks, along with the
joints and location of the pipes. Even a badly soldered joint could withstand the
pressure for a minimal amount of time. The plumbing contractor who takes out the
permit has an obligation to know what the flow test was at the hydrant (which is
determined by the Fire Department). It must then be adjusted accordingly. The
issue is the pressure after the meter. The plumbing inspector would only look at a
Board of Selectmen Minutes of February 27, 2002
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pressure reducer if it's shown on the drawing. The failure of water heaters, valves
and pipes is not the fault of the Town, but rather the plumbing contractor or the
manufacturer of the equipment.
Chairman Amoruso noted the Town has spoken to the contractors, and they've
agreed to take responsibility but have not been called by any of the homeowners.
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Plumbing Inspector O. Conrad Lajoie was present to address Ms. Paiva's comments.
He stated he just came from seeing this on television and just left 4 Smiley Avenue
and 12 Fruit Street and produced the reading taken 25 minutes ago indicating 82
psi. He stated Ms. Paiva never had 90 or 100 pounds at her house. He asked if the
Water Department took readings on Marshall Avenue, Denwood Avenue, Fruit
Street, or Smiley Avenue. Mr. Gaffney said they did and he believes it was 90 psi.
Mr. Lajoie said he took a reading at Ms. Paiva's house and it fluctuated between 84
and 88 psi which is an over-the-Iaw limit. He stated Mansfield has the best
pressure of any community and they are definitely within the regulations of the
State. This house is in violation and if it's over 80 psi, it doesn't pass. He cited Mr.
Riccio is a builder and also a building inspector. Yesterday his house on Millstone
Court did not pass because it was 92 psi. There was 20 psi fluctuation in two
months on two houses on the same street. He noted the water main continued from
the main at Chestnut Street and continued from there. He noted other instances
of the mains coming off old mains in the area. Later they tied into Fruit Street.
Mr. Lajoie then spoke of houses Mr. Bonvie built off Maple Street that did not have
sufficient water pressure and he had to buy and install booster pumps to correct
the problem. Seven of the fifteen houses have since had the booster pumps
removed. There is no longer a water pressure problem because Folkman & Zola
brought in a 12-inch main in the area. He noted other instances of pressure
increasing in areas over time and spoke of readings taken today ranging from 68 to
82 psi. He suggested the water in standpipes and elevation create the fluctuations.
He stated there was never a water heater or water pipe that blew up in Woodland
Park. There was a relief valve that blew at 63 Marshall Avenue because it failed
and it was supposed to be saved-yet it's disappeared. He asked that Water
Department records be checked for February 15, 2000 and it would be seen the
pressure did not go over 100 psi that day. He spoke of other houses in the area
that are 60, 80 and 100 years old and aren't blowing anything apart. Not one of
them has a pressure reducing valve. There is no recorded problem at all. He stated
there is no problem at the Paiva house. Mrs. Wilkinson, however, had work done at
her house and never took out any building permits, plumbing permits, mechanical
permits, or electrical permits. She will be going to Superior Court and the
contractors stand to lose their licenses.
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Board of Selectmen Minutes of February 27, 2002
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Ms. Paiva stated Mr. Lajoie has never provided her the information as to where the
78 psi was taken. She said she requested the source documentation and it has not
been produced. Mr. Lajoie said the 78 psi came from Butch Rich, her plumber from
Norton who works for Folkman and Zola. He noted there is no "source document."
It's either passed or it isn't.
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Ms. Paiva asked to speak. She stated that on Friday, February 15th she called as
many neighbors as she could and asked them to put on their water so Mr. Lajoie
could check it and get an accurate reading. She also told Mr. Lajoie that a reading
at 10:00 a.m. would not produce accurate readings because she got higher numbers
earlier and later in the day. She said the highest is early in the morning-between
9:00 and 10:00 a.m., but received a reading of 80 psi from a neighbor on a Saturday.
She said she did not call her neighbors and tell them not to let him take the
readings at 10:00 a.m. Ms. Paiva and Mr. Lajoie then debated her statement that
she never called her plumber or the developer, even though there was a home
warranty. Mr. Lajoie said she never called until after she lived there for two years,
and apparently has no problem with Folkman and Zola because she's contacted them
to do additional work on her home. Ms. Paiva has hired a plumber to put a pressure
relief valve on at her expense, yet never contacted the plumber or builder who did
the work on her home. Mr. Lajoie requested to be on the agenda with three
lawyers, the plumbers, and developers at next week's meeting.
Ms. Paiva then began her presentation. She noted as a resident she has the right
to deal with any builder she wants to, to perform any work she wants done. She
then read a prepared statement detailing the situation. She noted the question
remains as to where the source document is that determined the work passed
inspection when Mr. Lajoie signed off on her building permit. The five water
heaters that let go were all installed by different contractors. Ms. Paiva said if
she can get confirmation from Folkman & Zola tomorrow that they will reimburse
her and take care of the other homes, she will consider the issue resolved. She
suggested that in the future the plumbing inspector write the water pressure on
the card at the time it is checked.
Mr. D'Agostino noted the other half of the equation is the water system will change
over time based on demand. If the pressure is reduced too much and the demand
increases, the result will be low water pressure.
Ms. Paiva requested documentation from Mr. Gaffney regarding the stated
allowable range of 30 psi to 110 psi. He agreed to provide it, and noted it is a
guideline.
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Board of Selectmen Minutes of February 27,2002
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DPW Director Lee Azinheira presented the draft policy. Mr. D'Agostino noted it
stemmed from a situation with AT&T Broadband and it was prepared to streamline
the process and involve all the departments involved in the process.
Motion: To accept the policy
(Wills-
Mr. Azinheira requested that a vote not be taken tonight because he is still waiting
for comments from a couple of departments. If there are no other changes, he will
ask them to accept the policy in a couple of weeks. He briefly reviewed the
changes that had been made. This policy deals with how it is installed. In the
future we will be dealing with what is allowed to be put in the right-of-way.
Due to the lateness of the hour, the remaining agenda items were postponed, the
Town Manager's Report was eliminated, and Selectmen's Old and New Business
items were not completed
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Chairman Amoruso:
· Advised Selectmen that Mansfield Music and Arts Society has asked if we
would sponsor their Town Meeting article for the light show at Tweeter Center.
The Planning Board wants to give a recommendation, but has asked us to sponsor
the article. There was consensus among the Board to sponsor it.
Motion: To adjourn at 11:00 p.m.
(McCarter-Wills) 5-0 Passes
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Signature of Clerk
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Date of Approval
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Board of Selectmen Minutes of February 27,2002
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