HomeMy WebLinkAboutmin brd of selectmen 02/04/04
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Board of Selectmen
Minutes of
February 4, 2004
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Present:
Michael W. McCue, Chairman; Steven W. MacCaffrie, Vice Chairman;
Roger S. Achille, Clerk; Selectman David W. McCarter. Selectman Louis
P. Amoruso was attending a funeral out of town and unable to be present.
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.
Ed Westhaver, President of Mansfield Midget Football, presented the Town with a check
for $5,000 to be used for the maintenance of the athletic fields up town. He also thanked
the Recreation Department and the Department of Public Works for their effort and
support in maintaining the fields. Chairman McCue accepted the check and thanked
Mansfield Midget Football on behalf of the Town.
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Selectman MacCaffrie thanked all the firefighters and police personnel from both
Mansfield and Norton who responded to and assisted at the scene of an accident Friday
morning involving one of our linemen who took a large hit of electricity while working.
He was air-lifted to Boston and is now home and doing well.
· Warrant No. 32 in the amount of $847,840.30
Motion: To approve and sign
(Achille-MacCaffrie) 4-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
· Minutes of January 28,2004 Selectmen's Meeting
Motion: To approve as amended
(MacCaffrie-Amoruso) 4-0 Passes
· Class II Auto Dealer License - A-I Auto Body & Sales at 30 Mansfield Avenue
The applicant formerly held a license at this address. There is currently a Class II
license issued to another business at this address. The applicant has recently
purchased the building and will be operating his business at this location. The use is
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allowed by Special Permit and the outside display and sale of automobiles on the site
is limited to no more than five at any given time and is so noted on the license.
Motion: To approve and sign
(McCarter-Achille) 4-0 Passes
One Day Beer and Wine License to Tri-County Beagle Club for February 15th
Members Game Dinner
Motion: To approve and sign
(MacCaffrie-McCarter) 4-0 Passes
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Town Manager and Staff
· Memorandum from DPW Director Lee Azinheira to Town Manager John D' Agostino
regarding a request for a resident sticker from a Mansfield business
Situations such as this are reviewed on a case-by-case basis. If a decision is made by
a staff person and there is an appeal, the Town Manager said he would work out a
resolution to the dispute.
Boards and Committees
· Memorandum to the Light Commissioners from the Finance Committee regarding the
2002 audited financial statements of the Light Department
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Residents
· Letter from Eleuterio Simonelli, President of Willowdale Golf Course, regarding his
concern about increased water flow coming through the golf course property
· Letter from a resident addressed to the Airport Commission regarding an airplane that
flies low over their house every Sunday morning at 7:00 a.m. The authority in
matters such as this rests with the Airport Commission to handle the complaint.
Chairman McCue reported he was at a meeting of the Massachusetts Selectmen's
Association in Westboro this afternoon. He is actively trying to get this year's annual
meeting held at Bridgewater State College instead of UMass to eliminate the expense to
the Town for overnight accommodations. He also spoke of a piece of correspondence
from former Mansfield resident Robert Ross commenting on the quality of the Town
website. Chairman McCue credited Lou Andrews who volunteers his time to maintain
that web site and spends a great deal of time doing so at no cost to the Town.
Selectman MacCaffrie acknowledged a memorandum received from Treasurer/Collector
Richard Boucher in response to his request for additional information on the pension
assessment communicated to the Board by memorandum. He noted it still doesn't
completely answer his question as to how some towns got hit with and questioned if
r we're paying more due to the early retirements granted by some towns within Bristol
Board of Selectmen Minutes of February 4, 2004
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County. He pointed out the Sheriffs Department rose 28% and many of the early
retirements came from the Corrections System. That does not explain why our increase
is so high and he asked if someone within Bristol County is keeping on eye on PERAC's
figures. The Town Manager suggested there may be other factors such as a decline in
investment income. We also have to pay off our unfunded liability by a certain date.
There are a number of factors. If additional iriformation is required, we can bring in
someone from Bristol County.
Motion: To bring someone in from the Bristol County Retirement Board to address the
matter
(MacCaffrie-McCarter) 4-0 Passes
A public hearing was advertised on the application of Pizzeria Uno Chicago Grill for a
new all alcoholic beverages license at 390 West Street.
The notice of public hearing was read by Clerk Achille as it appeared on January 21,
2004.
Motion: To open the public hearing at 8:00 p.m.
(McCarter-MacCaffrie) 4-0 Passes
Attorney Thomas Vangel, representing the applicant, presented the petition to the Board
for an all alcoholic beverage license and a common victualler license for their proposed
restaurant at Erin Centre. The application was filed on January 12,2004 and he met with
Mary-Lou Cotton to review it to be sure it was in order. The applicant has notified the
abutters and submitted the return receipts and green cards from the certified mailing to
the Board, along with an affidavit of mailing to complete the application. Christopher
Picard, the proposed manager on the alcohol license, was also present.
Pizzeria Uno is a Boston-based corporation operating restaurants throughout the area.
This will be a company-owned facility with a full-service bar if the license is approved.
Uno's takes the service of alcohol very seriously and has a comprehensive training
program sponsored by the National Restaurant Association. Anyone serving alcohol
must pass this test. They also have a training program their employees are required to
complete and they have a zero tolerance policy with regard to the service of alcohol to
minors. There is a layout of the restaurant as Exhibit A of the application which shows
the 177 seats, bar, lounge, kitchen, storage, restrooms. It is a $1.7 million investment that
will provide 130 jobs. Hours of operation will be II a.m. to I a.m. seven days per week,
with last call at 12:30 a.m. Mr. Clemmey, doing business as Clemco, is the landlord and
they will have a 15-year ground lease with him. Only two exhibits need to be finalized
and the lease will be signed within the week to be filed with the application to the ABCC.
Selectman MacCaffrie noted it is not unusual to hold off signing a license until the
building is complete and the lease is signed. Mr. Picard has been employed by Uno for
ten years and has responsibility for five other restaurants. He is responsible for Bar Code
certification of employees. Prior to his employment with Uno he worked in the
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restaurant industry for many years. Attorney Vangel noted one minor amendment to the
application-"Schedule I" lists all the officers of the entity and the member was
inaccurately listed as the parent corporation. He submitted an amended Schedule I
indicating the LLC. The restaurant will be opened in late June or early July.
Karl Clemmey noted the restaurant will be located in the lower part of the property near
the entrance to Norfolk Street.
Motion: To close the public hearing at 8:17 p.m.
(MacCaffrie-McCarter) 4-0 Passes
Motion: To grant the license contingent upon the receipt of the signed lease, a
satisfactory CORl, and the issuance of the proper approvals from the Board of Health
(MacCaffrie-Achille) 4-0 Passes
Motion: To approve the common victualler license
(MacCaffrie-Achille) 4-0 Passes
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The notice of public hearing as it appeared in The Sun Chronicle on January 21, 2004
was read into the record.
Motion: To open the public hearing at 8:30 p.m.
(MacCaffrie-McCarter) 4-0 Passes
Mr. Azinheira noted it's the same policy that was discussed a couple of months back with
the comments of the Selectmen incorporated into it. It provides a mechanism for
neighborhoods in which residents who want to provide a sidewalk can do so and is
modeled after the small sewer extension policy in effect since 1996. If there's a strong
neighborhood desire to provide sidewalks, this allows it to be done with two-thirds
approval and an assessment made to each property owner. They can still petition the
Town at Town Meeting to appropriate the money, but if there is not support for it, this
gives them an alternative means of getting sidewalks. Chairman McCue asked if we
would still be able to undertake the construction of sidewalks if we believed there is a
public safety issue. Town Manager D 'Agostino stated it would be his recommendation in
the near future to do a debt exclusion bond authorization that would include sidewalks in
areas where sidewalks need to be upgraded or extended for public safety purposes.
Sidewalks requested in areas where there is not a public safety concern would not be
included in the bond authorization and this policy provides them with a means to obtain
them on their own. This does not affect new construction in subdivisions where
sidewalks are required to be provided by the developer in the subdivision approval
process.
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Public Comment:
Peter DeTrolio, Elm Street - finds it interesting about people wanting to have sidewalks,
yet nobody wants to shovel them in the winter when there's snow on them. He believes
people should be responsible for shoveling the sidewalk in front of their house rather than
the Town doing it. There are safety standards and the question as to who is responsible
if there is a by-law was discussed. Downtown costs about $30,000-$40,000 to clear. It is
done more as a policy than a by-law. There's no place to put the snow if it's shoveled by
business owners. Mr. DeTrolio said he owned a business in West Mansfield, and the
Town didn't come out and plow the sidewalk. Part ofit is we plow the sidewalks within
a certain radius of the schools for public safety reasons with children walking to school.
Downtown there is no place to put the snow and it prevents the roads from being
narrowed with snow being put in the street. It was noted there are probably other
policies that add to the costs of operating the town that may need to be looked at in light
of budget shortfalls.
Motion: To close the public hearing at 8:48 p.m.
(Mac-McCarter) 4-0 Passes
Motion: To accept the Sidewalk Extension Policy
(MacCaffrie-McCarter) 4-0 Passes
The Town Manager was directed to review snow removal regulations to see if there is a
by-law that requires it.
DPW Director Lee Azinheira and Water Operations Manager Kurt Gaffney followed up
on the last time they were here when there were radical changes to the water connection
policy in the area of commercial and industrial water connections. They have established
a rate per gallon based on the Mahana, Morrison and Walsh wells built mainly to meet
the peak demand of the water system. A charge was adopted for the single family
residence and on the commercial industrial size it was established on meter size based on
average water use for the various meter sizes. Back in December they reviewed capital
charges and they seemed low. They see one part of the policy that is not consistent with
what was adopted four years ago and are suggesting changes in that area.
Selectman MacCaffrie asked if part of the fact the fees are going up is because of the
increased meter size. The larger the meter, the less that's caught on the low-end. When
they downsized this was caught. Chairman McCue asked who uses a % inch compared
to 1 inch to 1 % inch. %- and 5/8-inch meters are used for homes; I-inch for larger
buildings. Shaw's and Home Depot have 1 ~ inch.
It was explained that the increases will not affect homes because those meters were
already the correct size. The policy is only for new homes and the cost is a pass through
when the house is built. The capital charge for Shaw's, Home Depot, and Uno's would
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be a half million dollars. The significance of the impact did not justify that amount.
r Connection fees are based on peak use. Additional wells had to be put in to meet the
peak demand. The connection fee helps pay for the cost of the wells that were put in
place to meet the demands. When the last rate study was done, this was factored in.
Mr. Azinheira asked the Board to let him know what other issues they would like to see
addressed in the policy. He noted the water capital charge has been in place since Randy
Wilson's tenure. It was based on square footage of the building that had no relationship
to water usage. They also added in the number of connections to the building. Selectman
McCarter emphasized that any fee has to be justifiable and he assumes it's sound. He
stated it's always troubled him when we went to an enterprise fund that we still
maintained connection fees. Actual costs should be recovered in an enterprise fund. This
captures capital costs which we're still paying for that people are benefiting from.
Residential water rates are based on a certain amount of money coming into a capital
account. Mr. Azinheira emphasized that in order to meet future needs, we must stay
ahead of the curve. They will come back sometime in the next few weeks with their
annual water update and can provide any additional information desired. A couple of
examples with a mathematical analysis were requested by Selectman MacCaffrie.
On another matter, Mr. Azinheira reported that he-mailed Verizon for an update and will
follow-up with them. Selectman MacCaffrie suggested they be called back before the
Board if we don't hear from them by Friday.
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Peter DeTrolio, Elm Street - said he has a question and a comment on a meeting that
took place about a month ago. He believes a month or so ago Mr. Montgomery was here
and the issue of sound/noise from Tweeter Center was addressed. Mr. DeTrolio noted he
personally has an incredible speaker system out on his patio and he can put them on, walk
off his patio, walk 450 feet down his driveway and cross the street and still hear his
stereo. He also knows he can walk back to his house and turn the knob and the sound
goes down. He questioned why Tweeter Center can't do the same thing. He also asked
about the status of the Elm Street Bridge, noting the last time he saw anyone working on
it was December Sth or 7th when they were shoveling snow off it. Town Manager
D 'Agostnio noted it is a State project and we can try to find out. The Town has no
control over their construction schedule. They are obligated to the contract with the
Commonwealth of Mass and the Mass Highway Department.
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George Dentino, Gladiola Terrace - thanked Mr. MacCaffrie for not allowing a free shot
at him after he left a previous meeting. He referred to the sewerage spill that happened
on which kudos were given out. He has since toured the plant and answered questions in
his mind. Mr. Hackett runs a nice operation and he and Mr. Azinheira and Mr. Beliveau,
Selectman MacCaffrie, and Norton Selectmen Kimball and Salvo should all be
commended. He stated his desire to look at statements regarding events that occurred in
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the plant that lead to the spill. It was reported that the automated generator failed to turn
on when power failed-that is not true. "The breaker in front jammed in open position."
"the switch failed". He stated that also is not true. Mr. Dentino stated there was a spike
in the system when power came back and it burned out a fuse, scorched a relay, etc.
making utility power useless when it came on because it couldn't reach the pumps. The
last statement-"discharge was unavoidable and not something we could test for or
prevent." He stated they can test and the town does a monthly test. It should be tested
weekly under a full load. Impossible to do down there. Mr. Dentino suggested a weekly
test would have picked up the fact the governor was bad. He next addressed the state that
the problem with it being "unavoidable", with Mr. Dentino stating it was totally
preventable and he explained why. He believes the Town disconnected the transformer a
number of years ago to save money-and in the end it cost us far more than was ever
saved. He suggested the Selectmen should ask why we chose to disconnect the second
end of the fail-safe system, noting the problem rests with the transformer being
disconnected. Chairman McCue said he is sure there have been post-mortems done and
lessons learned, but doesn't believe deceptive comments were made. Comments may
have been made on a minimum amount of information available at that time. We will see
what staff comes back with and make any adjustments necessary.
Mr. Dentino continued, addressing other responses about updating and upgrading the
plant at a cost of $500,000--noting the statement made that "this is the first spill in 23
years." He remembers the plant only being 18 years old and suggested there's nothing
wrong with the switching system. There is no reason to replace equipment that has 30-40
year capability after only 18 years. He suggested only a manual be put in there, stating
nothing wrong with the relay system. He also stated there is no need to add a generator
as there is nothing wrong with it. Selectman MacCaffrie noted generators inside are not
a good issue, suggesting a plug can be put outside. Mr. Dentino stated his recollection
from several years ago that the Light Department was supposed to get three or four small
generators.
Town Manager D'Agostino reported:
· Train Station ribbon cutting ceremony will take place Friday, February 6th, at 3:30
p.m. and he needs to know who will be attending to incorporate them into the
speaking program. Chairman McCue noted his intent to be there and would only
offer a brief statement. H suggested having a contingency plan in the event he does
not get there on time due to a commuter rail delay. Selectman McCarter also said he
will be there. GA TRA is handling the arrangements.
· Addressed MacCaffrie's questions about Wellesley. Betty Amicone, Lee Azinheira
and Mike Ahem are scheduled to meet with them Thursday morning. Wellesley does
not have curb-side collection to his knowledge. They use Pay-As- Y ou- Throw-
residents take it to a central location that makes it beneficial to have a staff because
tonnage costs are reduced as a result. This was featured in a Beacon publication.
Board of Selectmen Minutes of February 4,2004
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r · Medco II plans an announcement event. It will take a marketing approach, with their
introduction to the community of Mansfield. The event will be held at the Holiday
Inn on February 26th at 5:30 and town officials are invited to participate and speak.
Chairman McCue asked where we stand with getting members from other Boards for
the TIF Committee. Town Manager D'Agostino said we haven't heard back and will
have to send out another memorandum. Chairman McCue noted the need to get it in
place, suggesting that perhaps we should collapse down to a smaller group. Town
Manager D' Agostino stated he would send another notice, give them a deadline and
reduce it to five if we can't get good representation.
Motion: To have the committee in place two weeks from today
(MacCaffrie-Achille) 3-0 with Selectmen McCarter out of the room
momentarily at the time of the motion and vote
· Scheduled a session with Filmore and Stems February 18th. Presented them with the
Board's sentiments regarding the collection of outstanding receipts. Based on what
we're hearing from the public, it may be worth having them come in and provide a
frank discussion of what they're going to need from the Board to be able to make a
reasonable attempt to collect. Appears from some of the comments by people using
the service that they're not being billed properly. We get the information and send it
to Comstar now and they do the billing.
· On February 11th Women of Today plan to make a gift check presentation to the
(' Town for the refurbishment of the Middle Common. They will be joined in the
project by Rotary and Together We Can. We are also purchasing signage for the
Mansfields of the world to go on the Middle Common. The unveiling of that and the
clock and the refurbished monument will be a part of the project.
· Had a meeting today with our State delegation on the explanation of the Regional
Vocational Education formula attended by him and Andy Gazzolo. It was far better
than the meeting held at the school. We have no choice but to support it. It takes into
account our ability to pay and takes into account a growth factor and the foundation
formula for our schools and what we're paying per pupil. Selectmen noted they don't
take into account that the new growth means we have to provide for it in our
community and not give it away. There is also an inflation factor attached to that
number. The Department of Education made a mistake in their formula last year and
will spend the next four years correcting it. Our Finance Committee Chairman is
somewhat satisfied with the explanation received. We expect to have a budget from
them by the middle of March, which also suggests the nee4 for a later Town Meeting.
Will provide a recommendation next week on a more realistic Town Meeting date.
· Will be providing the Board in the next week or two with an administrative
recommendation of what we need to operate the town. A utility work-off program
has been suggested and that will be proposed in the budget. There is going to be a
need in bringing on new commercial projects for additional police and fire personnel.
r It appears it will be a difficult budget year and we will need to establish priorities to
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stay within the 2 ~ cap. We have not had a capital improvement budget in the last
two years and cannot go another year without it. He would recommend a one-time
revenue sources for that purpose. We're leading the charge with the Southeast
Regional Health Group to purchase drugs from Canada. We represent 28,000 to
30,000 members and would be the second largest group to go in that direction, saving
$1 to 1.5 million. The Town would pay the co-pay to provide drug purchases by mail
through Canada. We're also working on a 70/30 healthcare split with our unions and
perhaps adding 50/50 dental care. He hopes to have the majority of the unions on
board by budget time.
Selectman McCarter:
· Asked if we're obligated to keep the parking on Old Colony Way in place. Believes it
was wordedfor during construction of Train Station. Would like it kept and reserved
for Mansfield residents only. Selectman MacCaffrie suggested we should first check
with businesses as some of them were faced with problems with turning into
driveways. It was noted that's been worked out.
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· Asked about establishing a parking authority and what we would have to do. Create
through Town Meeting and obtain authorization from the State. Tax base should
never support something from which there is a Town-wide benefit. They would get
involved with the collection of tickets and other aspects, or can be as limited as the
Board desires them to be. The only way we can prevent becoming a regional parking
center is by providing parking for Mansfield residents only. Chairman McCue
suggested if the MBTA wants to purchase landfor parking that's all well and good,
but it shouldn't be coming from Mansfield taxpayers. Parking Authority couldjloat a
bond to be paid through the revenue generated by parking fees. Any authority
created at the local level cannot go out independently and bond. The form of
government here is far different that the City of Boston. Selectman Achille asked
about having someone in to talk about a Redevelopment Authority. Needs thought
and discussion to structure it properly.
Selectman Achille:
· Confirmed that we're discussing next week parking and towing policy/proposals with
the Police Chief next week
Selectman McCue:
· Suggested the creation of a Redevelopment Authority be explored for a Fall Town
Meeting.
· Consider inc1usionary zoning for affordable housing. Can save a place for it, but
there's a need for Selectmen to reach out to the Planning Board and have them work
on it. Housing Task Force spent a considerable amount of time discussing options.
r Charge of the Committee is to put a plan together so we can begin this process.
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Selectman McCarter:
· Asked if we ever heard from DEP or EPA on fine for discharging into the river. DEP
has reviewed the situation and are far more supportive of the Town's position than
we heard tonight. Don't know anythingfor certain.
Selectman MacCaffrie:
· Wants to remove the stipend for the Assessors on the warrant since we will be hiring
a full-time assessor. Maybe achieving that within the operating budget anyway.
· Appears to be a consensus that there will be no additional discussion or action on the
issue of meals while plowing. Can be addressed by the appropriate department head
during normal operating hours at Town Hall.
Motion: To adjourn at 10:20 p.m.
(Achille) 4-0 Passes
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