Wednesday, April 7, 2010

Live reporting - legislation



1. Resolution 10-12: Request for Special Legislation, RE: Amendment of Town of Franklin Home Rule Charter
motion to approve, passed 6-2 (Jones, Zollo voted no)
effectively two questions would come back to Franklin voters for approval in a future (Nov 2010?) election; one, to approve the technical changes; two, to approve the Treasure/Collector as appointed rather than elected.

Paul Cheli - I thought there would be a part for this to include the Clerk as well, did I miss a meeting?
Nutting - there wasn't a consensus

2. Resolution 10-13: Appropriation: FY 10 Capital Plan
motion to approve, passed 8-0
Pfeffer - the Capital subcommittee had qualms about spending money under the circumstances but if you don't take care of things now, it gets worse later. There are monies identified for this to help the roads. The Cable Commission has also contributed money to convert to a fiber network which will save the Town 50,000 annually.
Kelly - we worked hard to do the needs rather than the wants.
Whalen - I think we need to continue to do these routine maintenance, it gets worse if we don't. The amount of what is funded is about 10-15% of what is actually requested.
Nutting - from cable we receive money as part of their licenses from both Comcast and Verizon, it is a joint use of fiber and provides us a payback of about 50,000 per year. A win-win for the cable folks and for the town as well.
Whalen - what is the employee benefits encumbered account?
Nutting - it was money set aside for a bargaining agreement that has not come to fruition and not likely to in the near future.

Jones - as a member of the subcommittee, I agree with Judy and Matt. We need to take care of these now rather than pay more later.
Mason - this isn't anybody's Christmas list, these are real needs. The total of what they really need, it is far more. Not counting the Davis Thayer school we have 3 million dollars of need. We need to keep doing this.

3. Resolution 10-14: Appropriation: Capital FY 10 – Fire Truck
motion to approve, passed 8-0
Nutting: We have a replacement plan for police and fire vehicles, we don't have one for a fire truck so this gets us started on one.
Mason: If we don't buy a truck for the DPW, we don't get a road paved, if we don't buy a fire truck maybe we don't get a life saved. I'd like to see a presentation on the cost of a new truck.
Nutting: there is a lease purchase option, we looked at it for the Tower and can look at it again.

Chief McCarragher - we have two vehicles, one at 10 years and one at 20 years, we are trying to make the best of a bad situation
4. Resolution 10-15: Appropriation: Parmenter School Solar Panels
motion to approve: passed 8-0
Nutting - applied for and received grant for 100,000 with a ten percent match, this is the 10,000. Yes, there is an energy savings but that is a Mike D'Angelo question, I don't know the answer.
Jones - I think this is a great program, this is an exciting thing for the town

5. Resolution 10-16: Appropriation: Triennial Property Revaluation
Kevin Doyle, Assessor
motion to approve, passed 8-0
Board of Assessors have requested outside help for re-valuations this year for Commercial/Industrial
There are still monies in Fiscal 2008, 2009, to be further evaluated
Pfeffer - how much is left in 2008?
Doyle - About 100,000
Pfeffer - how much is left in 2009?
Doyle - about the same amount
Nutting - any amount released would go into the general overlay surplus and subject to Council approval

6. Resolution 10-17: Appropriation: Personal Property Revaluation
Kevin Doyle, Assessor
motion to approve, passed 8-0
We do this on a regular basis, we usually gain more in revenue than we expend in this manner
7. Bylaw Amendment 10-642: Amendment to Chapter 181-6:Wetlands Protection; Notice and Hearings – 2nd Reading
Moved to waive reading, passed 8-0
motion to approve, (requires roll call vote) passed 8-0
suggested changes to make things simplier
8. Bylaw Amendment 10-644: Amendment to the Code, Sewer Map Extension- 1st Reading
Mason, McGann - recuse themselves

Paul Cheli, John Collela
Don Neilsen

This bylaw is a very difficult bylaw, it is well crafted, one size does not fit all.
The Board of Health has condemned the property, Mr Dacey has it in tax title
Mr Collela is proposing to demolish the building and put in two single family homes, in a nice neighborhood

148 Washington St - located within 200 Ft of i495 overpass, looking to take one lot and subdivide it to two lots

The sewer extension begins towards Union St, requires two man holes would come up the side of the street, would not be near other utilities. 258 feet of sewer pipe

Bill Yadisernia

I did approve other extension because the sewer capacity was available for it
I don't have approval for this area. This could not be put in a worse area.
We have capacity problems with the Beaver St intercept. This is a 100 year old system. A new sewer system would be 10-15 million dollars
We have computer model simulations that show this system area will backup. Statistically in a 17 year event, sewer backing up into someones house is a health hazard.
I think what we are talking about here, when we have high ground water and rainfall, you don't want to put anymore water in it. The glass is already full. You run the risk of causing backups. 440 gallons a day.
We have spent a lot of money to reduce inflows, we have to limit residential development especially that is not needed.
I think they can still develop these lots and do onsite septic systems. If they can demonstrate otherwise, I'll consider it. I don't see a hardship here.

Pfeffer - Did Penny Lane meet the requirements?
Yadisernia - Penny Lane did meet the requirements by adding additional remediation to their property and paying additional I&I fees.

Zollo - Are we claiming hardship here?
Cheli - yes, there is a hardship, try buying a brand new house with a raised septic system in the backyard. Yes, we spend too much time testing and repairing. Mr Collela knows what he is doing, he knows this market. The septic system will fail it is a question of when.

Zollo - why is this the worst area of town to put this in?
Yadisernia - this area has a very steep sloop. It is discharging right into the bad area. The sewer system is really flat and doesn't flow well.

Zollo - I am sensitive to the issue of the raised septic. It is not insignificant. Are there any other things that can be done to make it more acceptable?
Yadisernia - I&I would be an alternative but effectively you don't get one here. The cost to the Town would be how to take the flow out.

Nutting - traditionally, those items are worked out in advance with the developer. The Town and DPW is opposed to the Board of Health position on septic systems.

Mark Cerel - clarifications on the bylaw, effectively this does not meet the hardship requirement, it would only be for a single house, not this set.

Yadisernia - I don't recommend any extension in this case, the glass is full.

Powderly - Are there mitigations that can be done?
Yadisernia - We have been working on this as a high priority, we have problems because we have put things into this system that we shouldn't have. We are far ahead of any other town in this area. That is the I&I that I would be looking for, it is not extortion.

Whalen - I couldn't be more in disagreement that there is extortion here.
Cheli - I spoke out of turn, I withdraw that comment.

motion to move to second reading, passed 6-0

Franklin, MA

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