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HomeMy WebLinkAboutmin brd of selectmen 03/24/04 r Board of Selectmen Minutes of March 24, 2004 I ·'·k ¡ ...~~ Present: Michael W. McCue, Chairman; Steven W. MacCaffrie, Vice Chairman and Acting Clerk in the absence of Roger S. Achille who was not present at the meeting due to illness; Selectmen 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. · Warrant No. 39 in the amount of$3,124,119.01 Motion: To approve (MacCaffrie-Amoruso) 4-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Minutes of March 17,2004 Selectmen's Meeting Motion: To approve (Amoruso-McCarter) 3-0-1 with Selectman MacCaffrie abstaining because he did not receive the minutes in his meeting packet. Passes Town Manae:er and Staff · Position Descriptions for Highway Division Operations Manager, Manager of Public Buildings & Special Projects, Wastewater Treatment Plant Operations Manager, and Water Operations Manager Town Manager D 'Agostino pointed out that these changes conclude our negotiations with the Unions and reflect changes related to license requirements. We are looking at the special conditions aspect similar to all other division heads to establish equity and parity. It is part of the bargaining agreement and the added cost will be predicated on the number of emergency service hours required It equates to time and a half up to sixteen hours and double time thereafter. Selectman MacCaffrie objected to the added benefit due to the increased cost during a time of budgetary constraints. The Town Manager noted this has been agreed to in negotiations and the position descriptions are being revised to reflect the change. It is part of the package that was negotiated in return for a 70/30 split for health insurance. Motion: To approve the change in the position descriptions listed (McCarter-Amoruso) 3-1 with Selectman MacCafffrie opposed Passes ~, Board of Selectmen Minutes of March 24, 2004 1 · Copy of letter to MassHighway sent by Town Engineer John Sullivan re: Route 106 r Improvements/Canoe River Bridge Boards and Committees · Letter from Industrial & Development Commission noting the appointment of Thomas Stevens as their representative to the Tax Increment Financing (TIF) Committee State and Local Government · Invitation from Attleboro District Court Bar Association to attend the Law Day Exercises to be held at the Attleboro District Court on Friday, May 7, 2004 at 10:00 a.m. (RSVP required) Other · Notice from ENSR International of Indoor Air Sampling at residential property at 335 South Main Street · Invitation to the Suburban Coalition Annual Legislative Breakfast to be held Tuesday, April 13th at the State House r · Letter from Mansfield Lodge of Elks No. 2633 re: 14th Annual Spring Carnival at The Tweeter Center from May 6th to 9th with a fireworks display on Saturday night, May 8th. (Selectmen McCue and McCarter disclosed they are members of Elks) Motion: To waive the Town's portion of the fees and approve the Carnival with proper review and approval by the Police and Fire Chiefs. (MacCaffrie-McCarter) 5-0 Passes " · Letter from Tri- Town Chamber of Commerce re: their Legislative Breakfast to be held Wednesday, September 8, 2004 from 7:30 a.m. - 9:30 a.m. at the Holiday Inn, Mansfield · Letter about sign on Town land - revenue loss to be determined (Tri-Town Chamber of Commerce) - need something more formal than what was presented. The notice of public hearing on the application of Kenneth M. DeFazio doing business as Trattoria Della Nonna at 160 North Main Street to sell all alcoholic beverages as read into the record as it appeared in The Sun Chronicle on March 24, 2004. Motion: To open the public hearing at 8:02 p.m. (MacCaffrie-Amoruso) 4-0 Passes Mr. DeFazio said they currently have a wine and cordial license. Many customers prefer r-' a martini and don't frequent the restaurant because they cannot provide what the Board of Selectmen Minutes of March 24, 2004 2 customer wants. They will continue operating as they have been with the addition of r other alcoholic beverages. They've been operating the restaurant for four years. There are four employees that are TIPS trained. They do not have a separate lounge area. The DeFazios also live in Mansfield. Selectmen complimented them on the operation of their restaurant and the quality of their food and service. Public Comment: . Bernie O'Malley, a resident of Park Street who also has a business downtown in that area said he is in favor of their license request. . Lou Andrews, a resident of Fruit Street who also operated a downtown business next to the restaurant said they were good neighbors and he supported their request. Motion: To close the public hearing at 8:08 p.m. (Amoruso-MacCaffrie) 4-0 Passes Motion: To grant the license to serve all alcoholic beverages to Kenneth M. DeFazio dba Trattoria Della Nonna (MacCaffrie-Amoruso) 4-0 Passes r Chairman McCue introduced the topic of discussion, noting there has been some movement regarding the southbound lane of Route 495/140 and the question arose about the northbound lane. MassHighway's preference is to do both the northbound and southbound ramps as opposed to just one. The Selectmen therefore are providing the opportunity to get input from those present who reside in that area and would be most affected by it. Based on the number of those wishing to speak, he set a time limit of five minutes per person. He also invited State Representatives Michael Coppola and Betty Poirier to join the Selectmen in the discussion. Selectmen MacCaffrie and McCarter attended the meeting in Norton. Selectman McCarter noted the issue was last discussed in 1998. In the interim there has been additional development and requests for better access from some of the new businesses. Selectman MacCaffrie noted attending the Norton meeting at which it was indicated it would be more economical for the State to do both ramps at the same time. It is his understanding they would be slip ramps on and off as they are in Norton, and not big cloverleaf configurations. It would go in back of George Dentino's property on Gladiola Terrace and take the two houses of the Giles family. On the other side it would affect some of Karl Clemmey's property. Norton currently suffers from not having these ramps. It appears from what he's heard that those present are not 100% opposed to the southbound ramp, but they are opposed to the northbound ramp. r Rep. Poirier said she is here to learn and listen to what is being presented. This issue is new to her and her reaction was to learn the background of the request and listen to how the residents feel about it. MassHighway and the Commissioner of Highways would be involved in obtaining the funding. Board of Selectmen Minutes of March 24, 2004 3 r r r Rep. Coppola said he was a selectman in Foxboro when the issue first arose and noted their role as State Representatives is that of facilitators. It is the call of the Town and the neighbors as to what they want done. He suggested however that the more the State gets of what they want, the greater the percentage of it they are willing to pay for. Selectman MacCaffrie said he does not believe anyone has offered the funds for the design study yet. It is believed that some of the companies in that area may come forth with the offer of funding. Skip McCourt's (of MassHighway) estimate for the design would be $250,000 for the slip ramp and $750,000 to $1 million for a full cloverleaf. Lou Andrews, Fruit Street and President of Natural Resource Trust - thanked Selectmen for holding the hearing and noted confusion as to what the proposals are. Plans he's seen are more extensive than slip ramps and are a concern. They not only go onto Gladiola Terrace, but under South Main Street and into the Great Woods. Selectman MacCaffrie noted the plan they have seen indicates slip ramps just like the ones in Norton. It would be a slip ramp south and a slip ramp north somewhere in the range of 176 feet. Mr. Andrews said they strongly object to the plans they've seen that are more extensive and that would take conservation land. Their objection is particularly strong to the northbound ramp. George Wojtkiewicz, Gladiola Terrace - thanked Selectmen for having the hearing and thanked Town Manager D' Agostino for providing maps of the area. He noted he is acting chairman of the South End Citizen's Association that was formed around 1997 when the northbound ramp was first proposed. The official position of the association was presented. He suggested the Town of Norton has scrapped their prior pledge. Mansfield residents are strongly opposed to the northbound ramp, and Mansfield Selectmen did not support it back then either. One of the main reasons for the construction of the new Route 140 in 1978 was to relieve traffic on South Main Street. Now there is a desire to direct traffic out onto South Main Street. They support the southbound ramp, but the northbound ramp would add traffic to South Main Street. He demonstrated with use of the map the flow of the increased traffic on South Main Street in accessing the southbound ramp and funneling down South Main Street from the northbound ramp. South Main Street would once again be used as Route 140. He suggested the need for the ramps has not been demonstrated and the residential area was not designed or zoned for heavy traffic. Selectman MacCaffrie noted it was not the Town of Norton that suggested the northbound ramp. It came up in discussion with the State. Norton started with the southbound ram~the State brought up the northbound ramp. Selectman McCarter emphasized that it was the State and not Norton that initiated this. Norton Selectman Robert Kimball- clarified some misconceptions. MassHighway asked them if they could come up with funding from Norton and Mansfield to put in a southbound ramp. They have not discussed a northbound ramp. They're concerned with the dredging project in the next two years that would affect South Main Street. Norton Selectmen continue to support the concept of the southbound ramp and do not want the northbound ramp. They are here to listen to what the residents of Mansfield want. A Board of Selectmen Minutes of March 24,2004 4 joint letter was submitted a few years ago by Mansfield and Norton indicating the r southbound ramp was needed. I Michael Gambale, 682 South Main Street rear at the property of his mother-in-law, Dorothy Giles-stated the old Route 140 was relocated to reduce congestion on South Main Street and the ramp will recreate this. He suggested Fleet Financial and private business owners south of 495/South Main Street are the only ones who will profit and will gain at the expense of Mansfield Citizens from a northbound off ramp. He suggested there were rumors their family would be willing to leave following the death of his father-in-law. They own two full homes and the property has been inhabited and farmed by this family for four generations. He suggested no homeowner should be evicted from their property when viable options exist. In 1998 SRPEDD recognized that other improvements at other locations could improve the situation. The option he suggested would take no homes and would displace no families. He requested the Board examine the land at 495/140/Commercial Street. (' Leonard Flynn, Jewell Street - noted this is actually the third time this issue has arisen. The southbound ramp was reluctantly agreed to in 1988. The interchange currently operates under capacity and the only problems occur before and after Tweeter Center events, which are adequately handled by police. There is no citizen demand for this improvement, but only from business and industry in the area. It will exacerbate the problems in Norton at Route 140 and 123. It involves the taking of properties. He showed Mansfield conservation land in the Great Woods on the map which took the Town of Mansfield 34 years to develop. He said that effort, expense, and dedication should not be sacrificed for the benefit of speculative developers. He noted the Golden Triangle is valuable land that is currently under contract, and would not be feasible for the use of highway improvements. Tweeter currently operates approximately 60 events per year, with traffic at the beginning and end of each event for about an hour. George Dentino, Gladiola Terrace - noted the good presentations given and suggested it's an easy decision for the Town that boils down to what is in the best interests of the people of Mansfield. The southbound ramp is a must and is in the interest of both Mansfield and Norton. The other problem with the slip ramp is the sight distance coming over the bridge and can only be curtailed with a traffic light. The people in Mansfield cannot want this ramp because it does nothing for them but create more traffic. It will lessen some traffic on Route 123 and Norton deserves the help. Business along Route 140 in Norton and Mansfield would desire both ramps. The business does not currently exist and may never exist. The answer is therefore simple. It doesn't help Norton and it hurts Mansfield. r George Wojtkiewicz summarized by asking the Selectmen to vote that the Board of Selectmen and the Town of Mansfield are totålly opposed to the northbound slip ramp feeding out onto South Main Street and to let our Representatives and MassHighway Department know of their opposition by way of a letter Motion: That the Towns of Norton and Mansfield jointly reaffirm the decision made in 1998 that unanimously opposed any northbound ramp or an offbound ramp from Route Board of Selectmen Minutes of March 24, 2004 5 (' 495 but wholeheartedly support a southbound ramp as presented and any arrangements made with property owners to go southbound. (MacCafme-Amoruso) Norton Selectman Kimball advised those present that the Norton Board of Selectmen will be meeting tomorrow night, at which time they will reaffirm the vote and send a letter to the State Representatives and MassHighway. Rep. Coppola asked about the loop traveling around by the Golden Triangle and clarified the intent of Mansfield. Mr. Gamble said he spoke to MassHighway yesterday and they noted that if it benefits others, such as Home Depot, they might be willing to give up a portion of their parking lot. Consensus was if we don't want a northbound ramp, we should not offer alternatives. Rep. Poirier noted they clearly hear the wishes of the community and suggested it be clearly defined as to what it is we like. Selectman McCarter thanked the Mansfield residents and Norton Selectmen for coming out to be heard on the matter and noted we will send a clear and unequivocal message to MassHighway. Vote on Motion: 4-0 Passes unanimously A brief recess was called to transition to the next agenda item. r I DPW Director Lee Azinheira introduced Gordon Daring and Lance Baden of Vanasse Hangen Brustlin, Inc. (VHB) who made a brief Power Point presentation. Pavement management was defined as the practice of planning for pavement repairs and maintenance. The process inventories the pavement, identifies and quantifies pavement distress, establishes a condition index, defines repair strategies and cost, and tests various budget scenarios. The benefits of implementing a pavement management system were defined and reviewed and a pavement deterioration curve was portrayed visually. The importance of maintenance and repair at an early stage can be done at low cost and prolongs the life of the pavement. Visuals of pavement at various stages of deterioration were shown with their assigned index codes. The average pavement condition index is Mansfield was 82 on a scale of 1-100. The grading scale was explained in terms of the grading scale commonly used in schools, with an 82 being above average. Sidewalks and pedestrian ramps were also inventoried. Their recommendations were presented using various funding scenarios and displayed graphically. Total Roadway funding of at least $700,000 was recommended to repair and preserve roads. r Town Manager D' Agostino spoke of the value of the study and noted it provides us the opportunity to spend our money wisely and productively. In looking at an infrastructure bond authorization, we're also looking at acquisition of open space and a downtown facade program. He noted we need to take a certain amount of money now and commit it to a sealant program. It was done previously and suspended due to a number of Board of Selectmen Minutes of March 24, 2004 6 complaints from people whose children were playing, getting the sealant on their shoes r- and tracking it in the house. Selectman MacCaffrie noted from a construction standpoint it boils down to "pay it now or pay it later." It not only applies to the road system, but other areas such as the repair of school roofs. He noted the heating system at the Police Station also needs to be taken care of and we need to be setting aside money on a regular basis to fund these major repairs on a priority basis. Selectman McCarter spoke of bond authorizations being discussed by the Capital Improvements Committee (CIP). The Town Manger stated part of the CIP items could be handled within the operating budget, while others may require a debt exclusion. Selectman McCarter asked DPW Director Azinheira how much of this work is done in house and what needs to be contracted. He noted we currently do a tremendous amount of crack sealing. Selectman McCarter likened it to the wells that in the past needed a lot of work because they hadn't been cleaned and maintained on a regular basis. Town Manager D' Agostino noted we do not have the manpower or machinery to handle all of this in-house. There is not much coming off the debt exclusion this year, but will be in future years. r Selectman McCue commented that good roads bring more people into town and generate income for Mansfield businesses. He said he supports the program, but wants to see where it fits into the total picture with respect to projects coming off the debt exclusion list. DPW Director Azinheira reviewed the funds currently committed to on-going projects. Chapter 90 money received from the State for roadway maintenance is segregated and does not revert to Free Cash. Sidewalks and paving on South Main Street were discussed, with it being noted the State owns it and came in and paved without any notification. The State has been notified on numerous occasions about the chunks of sidewalk missing, and have done nothing about it. Town Manager D'Agostino took advantage of the presence of Highway Division Operations Manager Mark Cook to clarify the overtime provisions of the position descriptions discussed earlier in the meeting. A two-minute recess was called to allow VHB to remove their presentation equipment. Town Manager D' Agostino: · Provided information on the bond debt. r · The Mansfield Housing Partnership will be recommending the transfer of two parcels of land to Habitat for Humanity for use as inclusionary zoning that is part of the Affordable Housing Plan that will be submitted to the State. It was a surprise to the Board of Selectmen Minutes of March 24, 2004 7 r Board that the Plan has not yet been submitted and the Town Manager was askedfor an explanation as to why it has not already been submitted We have petitioned DHCD to include this in our mix because of one of the approved projects that has been appealed. · December 14, 2002 was the last time the ladder truck was in service. There are space concerns with the storage of the truck. Selectman MacCaffrie suggested it be put out for bid immediately with a minimum bid of $25,000 and stipulate when it can be picked up. He believes the truck is garaged at the North Main Street Station. Norwood will pay all fees and costs associated with the review and the agreement will incorporate costs for repair, maintenance, inspection and reinspection. We intend to ship the ladder truck out to them and they will need to be trained on it prior to using it in the field. Norwood's equipment is going out for repair April 15th and we need to have our agreement in place prior to that. The Chief believes it will be recertified for their use. Motion: To put the ladder truck out to bid immediately and stipulate when it acan be picked up for sale when Norwood returns it. (MacCaffrie-Amoruso) 4-0 Passes · The grounding breaking ceremony for the Water Treatment Plant will take place on Saturday, March 27th at 10:00 a.m. behind the Highway Garage (Prescott and Dustin Wells). Selectmen were provided with background information. The Treatment Plant is long overdue and will produce high quality water. r · There's a Downtown Workshop planned with the Planning Board on March 31 st at 7:30 p.m. which he will be at for a brief period of time. Selectman MacCaffrie: · Asked if we are pumping gas yet at the Fuel Depot. It is not yet operational. Selectman MacCaffrie asked for a commitment as to when it will be operational. Special Projects Manager Mike Ahern will be asked again for an update. · Last night the School Committee requested on article on the Special Town Meeting asking for reimbursement of the $12,500 they provided for funding the Mullin Report. · Asked for the "what, where, when and whys" regarding the failure at the Sewer Treatment Plant. The Board will get that report when the electrical engineers assigned to the project complete it. It is not yet available. He will try to get a definite date to provide for next week. Selectman McCue: r . Appreciates the correspondence with the gentlemen regarding speeding on Bird Road Board of Selectmen Minutes of March 24,2004 8 · . (' · Asked if we ever found out about the status of the speed limit signs requested by School Street residents. · Received some negative feedback as to the last couple occasions of Questions and Comments and has decided to enforce the policy he established previously allowing 5 minutes on one topic, addressing questions through the Chairman, etc. Selectman Amoruso: · Asked if there has been any response regarding the status of the School Street Bridge. Sent some information out through Lee Azinheira. Also need to address the time line that was established, when it changed, and why we were not kept informed. Selectman McCarter: · Who's in charge of getting the decorations off the Gazebo? · Find out intentions of property owner of lot next to Fire Station, · What's happening at Shell Station (Citgo and 24 hour convenience store) · SBAB reimbursement reduced by $500,000. What kind of impact does that have to us and what was the reason. Cost of the project came in lower than what we were being reimbursed at. It affects us because there is less time left on the reimbursement period so repayment will be accelerated Taxpayers will pay less over-all because the project cost less. l' Selectman Amoruso: · Spoke to a citizen the other night that noticed some of her recycling was going into the trash truck. He asked that anyone seeing that happening call Town Hall in a timely manner with the time and location of the occurrence. Selectman McCue: · Will be attending a MassMuncipal meeting on Beacon Hill tomorrow. · Was contacted by Easton Selectmen Corona indicating they're ready to start talking. · Received an interesting idea from a Mansfield resident who questioned why the area of the Train Station has not been cleaned up. He noted another time in the past when an archeology class excavated a construction site and found interesting items. r · Received a request about the Little League Parade and asked that it be check to make sure it's addressed. Marc Melder is in charge of the parade on April 17th with opening day being the 18th. Congressman Frank will not be participating due to a schedule conflict. He will be sending a representative and donating an American Flag. Board of Selectmen Minutes of March 24, 2004 9 r ' r r . . Selectman MacCaftiie; · Asked where the information is kept when we get all these opinions and filings on law suits. We have them on file. Motion: To adjourn at 11 :02 p.m. (McCarter) 5-0 Passes Board of Selectmen Minutes of March 24, 2004 10