HomeMy WebLinkAboutmin brd of selectmen 09/08/04
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HASS."CHUSETTS
Chairman Steven W. MacCaffrie; Vice Chairman Roger S. Achille; Clerk
Bernard J. Dolan; Selectmen Louis P. Amoruso and Michael W. McCue
Town Manager John O. D' Agostino.
Board of Selectmen
Minutes of
September 8, 2004
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The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the
flag. Chairman MacCaffrie then conducted a moment of silence for September 11, 2004
in memory of that day in infamy.
It was noted that the community calendars are now available.
· Warrant No. 10 in the amount of$l, 431,551.96.
Motion: To approve and sign.
(Amoruso-McCue) 5-0 Passes
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· Warrant No. 11 in the amount of$3,076.563.88
Motion: To approve and sign.
(Amoruso-McCue) 5-0 Passes
· Minutes of August 25, 2004
Motion: To approve and sign.
(Amoruso-McCue) 5-0 Passes
· Minutes of August 11, 2004 Executive Session
Motion: To approve as amended but not release.
(Amoruso-McCue) 5-0 Passes
· Drainlayer's License - Northern Site Contractor's, Inc.
Has been recommended by Town Engineer John Sullivan.
Motion: To approve.
(Amoruso-McCue) 5-0 Passes
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· Block Party requests for 9/11/04:
1. Colonial Drive: Pilgrim & Old North Drive
Motion: Approve subject to emergency access
(Amoruso-McCue) 5-0 Passes
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2. High St: Corner of Summer/Central
Motion: Approve subject to emergency access
(Amoruso-McCue) 5-0 Passes
Tri-County Beagle Club - September 25, 2004.
Motion: To approve and sign
(McCue-Amoruso)
Town Manae:er and Staff
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· Memorandum from DPW Director Lee Azinheira, regarding the Water Connection
Policy/Baybrook dated September 2, 2004.
Steve MacCaffrie and Lou Amoruso both stated that phasing project was allowed
so that a project could get the first phase approved and started and then only
have to address mitigation for the second phase. They were not aware that the
proponents were getting an extra allocation for the second phase, Lee Azinheira
stated that the DPW interpretation has always been consistent and that the policy
states "any project that, as a whole, (all phases) exceeds 20% of the Town's
annual water allocation will be subject to the requirements of~ 4 for any amount
over the 20%. Not want to discuss it now, Steven W MacCaffrie said it was
discussed earlier and he perceived it differently. Michael McCue does not feel it
is equitable to change it now. Louis P. Amoruso was concerned about the usage
of water in one spot and could mitigate it for the town. The developer would get
two years to do one year's worth of work. Steve allowed grace period the first
year, if they went over 20%, they would mitigate the overage. Lee can change it
easily to whatever the Board of Selectmen wants, There will also be a workshop
scheduled.
Motion: To approve the water connection for Baybrook.
(Amoruso-Achille) 5-0 Passes
· Memorandum from DPW Director, Lee Azinheira, regarding engineering contracts
and professional services, dated September 2,2005.
Chairman McCaffrie questioned Lee Azinheiro about profit being 12% -and how
much of the $83,547 isfor labor. He still questions the change orders. Roger
Achille asked if this was the way it usually is written and have they been all the
same. He was informed that yes, that was the case.John D 'Agostino replied that
they will spend more time on this to get the right info.
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· Memorandum from DPW Director, Lee Azinheira regarding trash route changes,
dated September 2,2004.
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Notice of the changes is being put on the cable access station, the web-site and
notification in the paper. Also, the residents were delivered the information to their
households by the waste water department.
· Memorandum from DPW Director, Lee Azinheira regarding highway contamination
and gas tank update, dated September 2, 2004.
· Memorandum from DPW Director, Lee Azinheira regarding skateboard park update,
dated September 2,2004.
Bernie Dolan asked about the project and Lee Azinheira stated the DPW portion
is completed and the recreation department is providing the equipment.
· Resignation of Diane Ready from Conservation Commission.
Motion: To accept resignation with thanks and to send a letter of appreciation.
(Achille-Amoruso) 5-0 Passes
· Application from Kathy Betts for Cable Access Board.
Motion: To act on her application.
(McCue-Amoruso) 5-0 Passes
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· Constable Application from Michael Padula, 768 Washington St., Franklin.
Lou asked why do we need more constables? Steve said business people need
warrants served. Bernie noted that Chief 0 'Neill recommended against this
appointment. Roger said it is a livelihood. Bernie is inclined to agree with Chief
Motion: To grant the application contingent upon a record check.
(Achille-McCaffrie-Mike McCue) In Favor
(Dolan-Amoruso) Opposed
3-2 Passes
· Letter of support for Sturdy Memorial Hospital
Motion: To send a letter of support for the removal of trees near the Mansfield
Health Center. The Board directed the secretary to do this.
( McCue-Amoruso) 5-0 Passes
· Tweeter Center: The secretary was directed to send a letter to the Tweeter Center
regarding the overtime issue. Dolan asked that the letter state the payment for the
overage fees.
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· Resident John Sullivan, 225 Union St Ext.
Resident admires the Board of Selectmen. Asked to address an issue as a citizen and
to express his feelings. Chairman MacCaffrie invited him to speak Mr. Sullivan is
surprised that up to six barrels are allowed for trash collection weekly; feels it is an
extraordinary amount of barrels. Would like the concept of the town providing a
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large container which would encourage less waste and discourage
Pis make it known to the citizens about the recovery of plastic, tin, cardboard perhaps
in the Community Light newsletter. Hopes the Board can see the wisdom and then
others would, too. People can cooperate with the recovery program to avoid higher
fees. Big ticket items could save money from the trash collection. Achille said there
is plenty of room on the cable access for this notice. Once the financial factors are
determined. MacCaffrie thinks another Trash Workshop that can be made public.
Lee A. said he knows the figures already. Louis P. Amoruso is not reaching the six
barrels level, a large barrel has some pros and cons. John said we need to offer a
financial amount (noble) that let it be known as it affects the residents' pocketbook
By an increase in fees. I McCue thanked Mr. Sullivan for his input - "get over the
apathy" Roger asked about the cable show and Town Manager said he can speak on
that.
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Rich Feeley, Chairman, was present along with Jim Liddick, Bill Moore and David
Young. The following was relayed:
Jordan Jackson School: Still involved with litigation on the roof failure issue.
Consultant Gail Associates has been helping pro bono since there is no money left
in budget. It is nearing completion.
Qualters Middle School
The ramp lighting will be addressed; and a pole to be installed to light the
flagpole.
Mansfield High School
Involved with renovation on East Street; baseball diamond; the committee is only
to monitor the financial matters at this point.
East Street Recreational Field (Facilities Use Account)
The fees for usage of the fields is reimbursable to the town under SBAB at 66%;
the end figures are not yet available. This will be part of the audit process.
Varsity Field
One of the baseball diamonds will be usable by next spring/fall season.
Water Treatment Plant
The Committee is most busy with this project being built behind the DPW. T.M.
Prescott will be treating the wells and they are 20% complete; storage tanks built;
blocks going up; the DPW staff has saved the town money by doing a bulk of the
work. The cost will still come in within the budget, but additional borings are a hit
or miss - if ledge is found. Old tires and creosote have been found buried. A
drawing was shown to the Board.
Chairman McCaffrie said he has fielded many calls from residents but
said a great job is being done. Mr. Feeley said the Water Treatment Plant
Committee also includes Kurt Gaffney, Associate Member, and Dave
Young exempted himself due to the appearance of a possible conflict of
interest.
Chairman McCaffrie thanked Dave Young for the extra hard work on the
other projects and complimented the committee as a whole.
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Dog & Cat Shelter
Drawings will go out to bid and when the funding becomes available, the MBC
will help; window issue is outstanding.
McCaffrie thanks the committee for their time and effort and stated their
expertise is exceptional " it beats all" and their ability to work together is
lauded.
Lou Amoruso said other towns are "jealous" of this outstanding board.
Bernie Dolan added his appreciation for all they do.
Roger Achille thanked them as well and asked if any vacancies. This
committee has had the same group of members for five years and they
work well together.
The public hearing notice was read into the record by Bernie Dolan, Clerk.
Motion: To open the public hearing.
(Amoruso-McCue) 5-0 Passes
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John Sullivan, Town Engineer, was present along with Dave Field, Senior Engineer, and
Scott Leite, Health Agent. Mr. Sullivan explained that the citizen's petition was initiated
by Mrs. Thomas, 579 Ware St, (with 17 signatures by residents), to extend the sewer line
within a portion of Ware Street. The Engineering Department's preliminary estimate
would be 12K per lot. Dave Field further explained that the portion of Ware Street
covered by the petition actually covers two phases (phase I & Phase II). Phases III & IV
would also be considered. Upon 2/3rds vote of those affected, it would then go to town
meeting. The pump station for Phases I & II would be placed based on geography and
topography and would handle all future phases. However, an additional pump station is
also needed in each Phase III and IV. There are 45 lots in Phases I & II, and 2/3rds
would need to ballot in favor (needing 30 signatures) Phases I & II need to be done first;
then if 2/3 of Phase III and/or Phase IV vote in favor, it would be included.
The betterment fees would be billed on the tax bills by the Treasurer and usually can be
spread over twenty years. But if you sell your property, the seller normally must pay it off
before the sale. There would also be a small amount of interest added to this, in the order
of 5%. Town Manager D' Agostino explained that the residents could attend the meeting
on the Comprehensive Wastewater Management Plan (CWMP) on October 7tlt for public
comment. He urged the residents to be present and express their concerns for Ware
Street to become part of the comprehensive plan.
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McCue asked if Town Meeting turns it down, could the residents come back and start the
process again the next year? He was told "Yes". Amoruso asked about the size of the
pump stations and was told that other streets could come on line with sewer, and the
town's share of the cost would cover the design and sizing of stations for that possibility.
The Chair opened it up to the questions and comments:
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Ed Rosenberg, 796 Ware St., questioned the estimate of 12K. Mr. Sullivan said that was
the Engineering Department's approximate estimate per lot for the sewer line in the
street, pump stations, and sewer laterals to the property lines, regardless of the number of
phases constructed.
Mr. Rosenberg noted that there are added costs from $5K to $10K per lot to hook up to
the sewer, such as for landscaping, driveway, trenches, and plumbing for each system
from the property line to the house. Also, he noted that there would be a sewer usage fee
of 85% of water bill for sewer, and the betterment would be on top of that. David Field
explained that the sewer would only go to the property line; a resident is not required to
hook into it, but would still be charged the betterment. If a connection permit is
requested, there is a Town fee of a $1.00/ft., with a minimum sewer permit fee of $100.
Scott Leite estimated that the costs of septic system replacement would depend on where
the resident lives, groundwater and the soil types. He indicated that septic systems
typically cost between $7,500 and $10,000, and not usually over 15K, and lasts for 15-25
years.
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Barbara Jones, 776 Ware St., asked about the houses that are 400-600 feet off the road
with a 30-foot driveway and would they be assessed as well? She was told she would be
assessed if the project went ahead; she did not feel this was fair. McCaffrie explained that
it is not up to the board to decide for each homeowner, but only to vote for the project to
go ahead. She stated she would not pay it, and the Chair explained it would go onto her
taxes and she would be responsible or the town could take the house.
Virginia Slater, 556 Ware St., asked about when the on-going comprehensive wastewater
management study would be done? John Sullivan explained that Ware Street is still
listed as a high priority on recent drafts of the first phase of the study, which is due out
this year; and the final phase with recommendations will be done by the end of next year.
The time frame for this proposed Ware Street sewer project would take 2-3 years before
the sewer is installed, since votes need to be taken, designs done, bids put out and
construction to start. Land for the first pump station would be near the junctions between
Phases I & II, but they cannot be specific. She also asked about the final costs and
Sullivan stated if the overall costs come to more than 12K, the project would probably
not go forward. McCaffrie said the estimate on his property was only slightly above the
estimated cost. John D' Agostino gave some history that if a project comes in much
higher that the estimate, the town may add in if the financial ability is there. Based on the
sewer extension policy, if job costs go 25% over the 12K, the Town of Mansfield could
look at other Town funding or go back to the people for another 2/3rds vote to continue.
Dave Field felt the numbers that would be quoted at town meeting should be pretty
accurate. Ms. Slater asked about the costs to people in Phase I and II, and Mr. Field said
these costs would be higher if the Town did not participate. She said the sewer betterment
would be another additional cost to a seller.
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Beth Hargreaves, 213 Ware St., asked if real estate property value is raised with town
sewer? Bernie Dolan said sewer was a significant factor in added value, and there is less
worry about the system; but the average costs to hook up to the street sewer system are
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typically $5,500-$9,000K depending on the type of house. Her house has had water
problems for twenty years and she had an environmental engineer (five years ago) to see
about bringing her house up to Title V which would cost 22K and feels the 12K over 20
years isn't so bad. It was again noted that the reason that the start ofthe Ware Street
sewer woul~ be in Phase I area is geographical.
Alexander Carmeli, 569 Ware St., asked what would happen if the contractor runs past
the contracted schedule of 2006-2007 and was told that there would be clauses and
provisions written in for overages, damages, paving the roads, etc.
Mr. Sullivan indicated residents should figure on a 1 ~ year construction window from
start to finish. McCaffrie said it was premature to be absolute about the window of the
project, especially since there are four phases and additional pump stations.
An abutter assumed he will have to pay sewer usage based on all the water that will go
through his meter. It was explained that he could get a separate meter for yard watering,
or residents could dig a shallow well.
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When asked when payment would begin on the assessment, Dave Field said it is usually
within one year of completion. He noted that the estimated assessment is registered with
the land deed at the county registry if it is voted at town meeting. An abutter wanted a
better understanding of a pump station on a resident's lot and the exact location. Mr.
Field said it would be approximately 40'x40' or 30'x30', and there would be an easement
and/or the land would be purchased outright by the town. Upon completion of the
project, a bill will be sent out with the tax bill and they could pay in a lump sum or
typically spread out payments over twenty years.
Richard Hendricks, 213 Ware St., understands there is a 2/3 vote needed for Phase I & II
to proceed with the other phases. Mr. Field said it was based on the first two phases of
the project being approved. MacCaffrie said it is based right now on the first two phases.
Mr. Hendricks foresees a scenario where a septic system fails and a new system needs to
be put in; and then having to hook up to the system later on already, so he is looking at a
pre-emptive strike.
Mr. Leite then spoke on the idea of neighbors seeking prices from one septic system
contractor instead of individually to get a better "bulk" price.
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John Russo, 16 Ware St., said he lives up in the "dust bowl" above the school field, but it
has finally improved. His comment is that two years ago, he put a new system in ($14K)
and a neighbor had to put one in at $23K-$27K last year, so the cost for septic system is
more. He asked about the paving of the road after the project and was told it would be
coordinated with the water main project at the same time. Mr. Sullivan said the water
mains need to be improved as they have often broken in that area. John D'Agostino said
there is money coming from the state that could be used to pave the road.
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McCaffrie asked for a straw vote on who wants Phase One and Two: 436-650 Ware St.&
Nos. 5, 10, 16 & 23 Short Street, and 7 Windchime Drive.
V otes: (one per household)
Phases I & II only: For 8. Opposed: 4
MacCaffrie asked for a straw vote for all phases on Ware Street.
Votes: (one per household)
All phases: For: 21, Opposed 10
Motion: To give a clear concensus to move the process forward for the sewer extension
of sewer extension Phases I & II.
(Achille-Dolan) 5-0 Passes
Motion: If 2/3rds of the ballots of the residents from Phase 1&11 come back in favor of
the sewer extension on Ware St., proceed with balloting the residents of Phase III & IV.
(Achille-Dolan) 5-0 Passes
Mr. Sullivan said the ballots will be sent to Phase I & II next week to the owner of
record, and need to be returned within 30 days. Even if there is a no vote, residents are
asked to please send the ballot back to account for all owners of record
Mike McCue said tonight was not an endorsement by the Board, but a tally of the
residents' support.
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Steve Weinberg, 512 Ware St., asked how the vote will be known? Mr. Field said
usually a neighbor takes charge, but in this case, the department will post the results on
the Town's web-site, and advise the Selectmen, so it can be mentioned at a future Board
meeting. People can also call the Engineering Department as well. He also asked about
the repaving issue and said another past project was done poorly. Mr. Sullivan said if
both sewer and water were installed along Ware Street, then curb-to-curb paving would
probably be required. If only water was installed, and not sewer, only the water trench
itself would be re-paved.
Mr. Ed Rosenburg spoke about the paving of Branch St. and how the residents were told
Ware St. would not be torn up again and now this project will be doing so. Some
discussion ensued and Mr. Lee A replied that it the repaving job is being addressed.
Mr. Kevin McNatt, Historical Society:
Informed that there would be a program highlighting Annual Founders Day on September
11,2004 at I :00 p.m. It is a one woman show "Mrs. John Hancock" with Belinda West.
It will be held in the community room and all are invited. He spoke briefly on some of
the other programs they have held in yearly in September.
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Motion: To go into Executive Session at 10:05 p.m. for the purpose of discussing
strategies for pending litigation and to return to Open Session.
Roll Call Vote: Achille -aye, Dolan - aye; MacCaffrie, aye; McCue, aye;
Amoruso, aye - All in favor - Passes
The meeting reconvened in Open Session at 10:55 p.m.
Foundrv LLC: McCaffrie asked for updated figures for next week. John said it may be
too soon to get the requested figures (as they need to go back in time) by then but will try
to do so. Both McCaffrie and John D'Agostino agreed that resolution needs to be arrived
at to bring closure. I
Michael McCue: Brochures for MMA Conference for Selectmen on Oct. 1-2.
Encouraged members to attend.
Bernie Dolan: Regarding the Veteran's interviews for Thursday evening: the secretary
was asked to move the fourth candidate forward as one candidate has withdrawn his
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Motion to extend the meeting to no later than 11: 1 0 pm
(Amoruso-Dolan) Passes 5-0
Town Manager: Spoke on the change in trash collection routes beginning September 13,
2004. He suggested residents consult both the scroll on Channel 9 for changes in the
routes or on the Town web-site, or watch the program "Mansfield Connection". It will
also be in the newspaper.
Mansfield Rotary will be hosting Senior Citizens Luncheon on Tuesday, September 14 :
Secretary to respond that Bernie Dolan and Lou Amoruso will attend this luncheon.
Successful IDC Meeting Tues, 8/31 at the TPC.
Legislative Breakfast today w/ Tri-town Chamber "We are open to doing business with
your company" Mansfield's new slogan. Business communities appreciated this slogan.
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Motion to Adjourn at 11 :05 pm
Amoruso - 5-0 Passes
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Signature of ~
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Date óf Approval
Board of Selectmen Minutes of September 8, 2004
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