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HomeMy WebLinkAboutmin brd of selectmen 10/04/00 Present: I',¡" !"r-'cLD ' i'.h.::,- jC ' HAcC'" ('\/HU<'ETTS . J ....·I~¡ I..., ;) Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen Amos M. Robinson, Louis P. Amoruso and Daniel Donovan. John O. D'Agostino, Town Manager Board of Selectmen Minutes of October 4, 2000 RECEIVED ., ;'~ n;"~ 01:". 1:/ ~-_.._- .. C"",, I CF 00 OCT 12 ~~19:06 The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Announcement of Breast Cancer Telethon · Warrant No. 15 in the amount of $2,187,813.04 Motion: To approve and sign (Amoruso-Robinson) All in favor with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll and related items · Minutes of September 27, 2000 Selectmen's Meeting Motion: To approve (Donovan-Amoruso) All in favor Passes Package Store License/Wines and Malt Beverages for Kanku, Inc. d/b/a The Store, 213 South Main Street - license transfer approved by Selectmen and ABCC - needs to be signed Motion: To sign the license (Wills-Amoruso) All in favor Passes Town Manager and Staff: · Letter from Town Counsel Mangiaratti with Order of Taking on Rezza property to be signed. This cleans up the title on the property. Motion: To sign the Order of Taking (Wills-Amoruso) All in favor Passes The Town Manager noted it is a "friendly" taking in that both parties agree. Board of Selectmen Minutes of October 4, 2000 1 · Memo from Lee Azinheira following up on the Patty's Road Landscaped Island matter - cost will be $2,000. · E-mail from Police Department asking Selectmen to announce they have a vacancy for crossing guards and to contact Sandy Jackson at the Police Station for further information · Invitation to attend Annual Policemen's Ball on October 13th. David McCarter will represent the Selectmen State and Local Government: · Memorandum of Agreement from MassHighway to be signed for State Aid Highway work in Mansfield Motion: To sign (Wills-Amoruso) All in favor Passes Residents: · Letter from Lynn Dewey of 109 Branch Street requesting crosswalk signs at East and Branch Streets - recommendation of Ptlm. Lance Lawson attached wherein he recommends the standard crosswalk sign that State law allows. Motion: To approve the signs (Donovan-Amoruso) All in favor Passes Other Correspondence: · Notification of complaint filed in Superior Court on behalf of Karl D. Clemmey, Trustee of 875 South Main Street Realty Trust, against the Selectmen and the Town of Mansfield as the result of the written warning issued to Mr. Clemmey for the Open Air Parking Facility violation of June 17, 2000 · Letter from Herb Prew, President of Mansfield Midget Football, asking Selectmen to support Articles 21, 27, 28 and 29 at the upcoming Special Town Meeting · Letter from Brenda C. Barrett, Director of the Children's Enrichment Center at 450 Chauncy Street, requesting a caution sign to aid the bus drivers when stopping to drop off and pick up children - Recommendation of Lance Lawson attached wherein he indicates he has no problem with the request, but does not really see the need Board of Selectmen Minutes of October 4, 2000 2 Motion: To put up a "Remember, State Law requires that you stop when the school bus stops" (Amoruso-Wills) All in favor Passes · Copy of letter from Attorney David Gay to the Town Manager requesting a meeting with the Town Manager, Police Chief, and the Clemmeys to discuss the open air parking regulations and to clarify how these regulations will apply to the continued operation of the parking facility of 875 South Main Street Realty Trust Selectmen expressed reluctance to meet on this matter while it is in litigation. · Letter from The Population Institute requesting the Selectmen to proclaim October 22-28, 2000 as World Population Awareness Week Action tabled · Letter from Michael E. Foley of Pepe & Hazard Law Offices advising Selectmen of a recently signed whistleblower law and soliciting the services of his firm Will keep on file . Letter from Tweeter Center re: - attendance records and check for $965.00 based on 19,300 patrons @ $.05 for September 11th Ph ish concert -verification that previous check was based on 19,900 patrons; - attendance records not available because of on-going police investigation. Is willing to meet in Executive Session to discuss. Ask Mr. Mangiaratti if an Executive Session is appropriate in this case. Motion: To accept the check and attendance data for the Phish Concert (Amoruso-Robinson) All in favor Passes . Letter from Tweeter Center re: our request for October 18th appearance on ALS violation The Town Manager noted the issues are not connected. This is a license violation. There was appropriate staffing on the date of the death at the Tweeter Center and that is an issue for the State. Motion: Go forward with the meeting on October 18th as they are two separate incidents. (Donovan-Wills) All in favor Passes Board of Selectmen Minutes of October 4, 2000 3 Ed Bezarro, 44 Smiley Avenue- was present with neighbors to discuss the proposed Judge Rotenberg Center (JRC) Home to be put at 5 Aspen Street. They have learned much about the JRC, and presented reports of two escapes-one in Rehoboth and one in Norton. The reports are a few years old, but the residents feel they are important because they represent the nature of the clients in the facility and an inability of the staff to control the clients. Police profiles from the Rehoboth Police Department were also obtained on three of the residents in 1998. Mr. Bezarro asked for a report on the progress of the Town. Town Manager D'Agostino reported a meeting has been set up for tomorrow with himself, Rep. Hyland, Rep. Poirier, Senator Sprague, Chris O'Meara of Taunton, and the JRC representative. A meeting will be held with the residents of the neighborhood and JRC representatives following this meeting. He has also talked with the Department of Mental Retardation and advised them the location is not acceptable. He is unsure as to whether we have had full disclosure from Century 21 in the handling of the matter. Mr. Bezarro noted in the older section of the neighborhood and at the Village at Willow Crossings there are many elderly people and people with violent histories would not be a good mix. The Town Manager noted the powers of the Town are limited in this matter because such a home is protected. He noted he is disturbed by a local real estate company who has involvement in the community accepting this offer when there were other offers on the property. Mr. Bezarro said they will be doing an informational picket this Sunday starting at 1:00 p.m. at the South Common, proceeding down South Main Street and going to Aspen Street. He invited Town officials and townspeople to join them. He noted that the JRC has a history of once they're in the town, they buy other properties within the town. He spoke with Ann Marie Isamoni of the JRC. She will be present at tomorrow's meeting. Mr. Bezzaro asked if they would enter into an agreement not to put violent residents in the home, and she refused to respond. Selectmen Amoruso clarified that the Amego homes are in no way similar to the JRC, who has a troubled past. Clerk Wills said he contacted Century 21 on Sunday and they were limited on what they would tell him. He noted the family renting the home at this point has been harassed. Mr. Bezarro has talked with them, and they understand what the group is doing. The group is being respectful of their rights and this will be an orderly picket. Richard Devine, Zoning Board of Appeals (ZBA) Chairman - the ZBA had a meeting last night and issues came up about the Town representing the Board. He noted the Selectmen's decision not to provide counsel for the Tweeter Center appeal. He stated many times the Court rules people do not have standing. The ZBA does, and if they don't have representation to go forward, it could impact the Town. He Board of Selectmen Minutes of October 4,2000 4 pointed out there is a conflict in the Great Waves matter because the Selectmen have an agreement with Great Waves not to appeal. Historically, he stated, whenever the ZBA has been sued, representation has been provided. Town Counsel represented the Building Inspector on the Tweeter Center, so he believes it would be a conflict for him to represent the ZBA in a suit wherein they overturned the Building Inspector's decision --when Town Counsel advised the Building Inspector on the decision. He feels independent counsel is needed on the parking lot issue. Selectman Donovan noted he made a motion to provide counsel and it was defeated 4-1. Chairman McCarter defined the two separate cases, noting the Clemmey vs. Tweeter Center would be two private parties fighting it out. Mr. Devine noted the ZBA members have a viewpoint when they render a decision and want to make sure the Town's viewpoint is represented. He pointed out that Mr. Mangiaratti represented the ZBA previously when Mr. Clemmey appealed the Board's decision on the Tweeter Center parking. Town Manager D'Agostino noted Town Counsel only monitored the case and the two private parties handled the appeal. With regard to the Great Waves case, the ZBA would like to be part of the appeal of their decision by Great Waves. Selectman Amoruso noted there will be two independent parties arguing their sides and the Town is not on trial. Mr. Devine stated the Town's (ZBA's) viewpoint should be represented. The ZBA makes a decision; the chairman and members are being sued as the Board and should have an attorney to represent them, as has been the practice in the past. He noted the Selectmen's decision was made based on attorney advice and not on zoning and the conclusions were therefore different. The Natural Resources Trust (NRT) and Clemmey each had a different approach in arguing against Great Waves, and the ZBA's approach was entirely different. The Town Manager noted Great Waves filed an appeal in Land Court and the ZBA has 20 days to answer. If the Selectmen allow them counsel, he asked how that would affect the vote at Town Meeting. Mr. Devine replied that Town Meeting will be after the 20-day appeal period expires. If the Town Meeting article is denied, he said that sends a clear message as to how the town feels. The ZBA automatically has standing and their decision is being challenged. They would like someone to represent them in Court regarding what their opinion represents. It was noted the suit is against ZBA (Town of Mansfield) for not allowing the issuance of the permit. Mr. Devine asked the Town to become an active party in the suit. Members of the ZBA can be called to answer as to why and how their decision was made. They are also subject to cross examination. The suit was served on September 26th. The Town's attorney has automatically filed an answer in Court, but they would like someone to represent them. Chairman McCarter suggested legal alternatives. Clerk Wills asked if there is still money in the Great Waves appeal account. Town Manager D'Agostino said there is, but he is not sure it Board of Selectmen Minutes of October 4,2000 5 could be used for this purpose. The original intent of the Town Meeting article was $88,000 for expert witnesses and legal services to defeat Great Waves. This vote is different. Clerk Wills stated all boards of the Town should be represented legally when they need it. Chairman McCarter said we do provide representation, but it's a matter of degree. Selectman Amoruso said when a member is called to testify, precedent would dictate that we provide counsel and play an active part; however, this is not the case at this time. It was pointed out here is no active role to be played by the ZBA yet. Motion: To provide an attorney for the Zoning Board of Appeals (Donovan-Wills) Selectmen Amoruso stated they do not need someone to actively argue the case. Mr. D'Agostino noted we have retained alternative counsel, Mr. Bailey, to render an opinion that was in line with what the ZBA decided. If we need to file an appeal quickly, he recommended Mr. Bailey from Rackermann, Sawyer & Brewster be made available for that purpose. If the ZBA were to be given money to actively oppose the position of Great Waves, that would negate the agreement made by the Selectmen. Mr. Devine said he is only asking that the ZBA be given representation. The Board agreed the ZBA should be represented, but that can be done by filing an appearance. If ZBA members are called to testify, the attorney would step in to answer for the Board. The Town Manager suggested Mr. Bailey be asked to file the appearance. Vote: All in favor Passes Motion: To have Dan Bailey of Rackermann, Sawyer & Brewster file an appearance. (Donovan - no second) Chairman McCarter noted Mr. Bailey may not be willing to do that because there's much more to it than just filing an appearance and he is not on retainer. It was then suggested that Mr. Mangiaratti file an appearance George Wojtkiewicz of One Gladiola Terrace - explained the historical precedent of the Board in providing counsel based on his twenty years experience on the Zoning Board of Appeals. It was a matter of routine that when a petition came in, he would call Town Counsel to be sure he had received a copy and would file an answer to the complaint for the ZBA as the defendant. It was an automatic process. Often the Judge would ask for more information as to how the decision was made and ZBA members would appear. He stated it's important that the ZBA has representation in defending the Town's Zoning By-laws. There was never an issue of the Town not providing legal counsel. The Selectmen exercised their right to enter into an agreement with Great Waves. However, this does not prevent others the right to protect their interest. He reminded the Selectmen they have a responsibility to uphold the laws of the Town and protect the citizens of the Town. Board of Selectmen Minutes of October 4,2000 6 Selectmen Amoruso pointed out the difference in defending the ZBA and actively pursuing the case. He noted the fine line that has to be walked and assured Mr. Wojtkiewicz that the Board understands this. Lou Andrews of Fruit Street - discussed concerns about comments made last week regarding the NRT. He stated it's a non-profit, tax-exempt organization that has been in existence since 1972. Although they do not pay taxes on their land, their members are residents who pay taxes. The NRT has been involved in the acquisition of all conservation land in Mansfield since 1972. They have members on other conservation-related organizations and comittees; have provided a treed buffer at Plymouth Street; allow the use of their land as though it were Town- owned conservation land. Their conservation land prevents further development on that land with the related additional costs for schools and services. He stated the NRT deserves the same protection of their land as any other landowner in Mansfield. The NRT is looking to protect the Town's investment in the Great Woods, as well as their own investment, and intends to continue their efforts. Leonard Flynn, 102 Jewell Street - answered a question of Clerk Wills regarding the use of the Scott Goyea Farm. He noted passive recreation is allowed on the land and there is an agreement on file whereby they have to keep the fields as farm fields for the protection of wildlife. They worked out an agreement with Janet Goyea to manage the fields and keep them cleared. They contacted the Massachusetts Department of Agriculture and developed a management plan that is on file and available in the Conservation Office. In lieu of paying Ms. Goyea money to manage the property, she is allowed to sell the corn planted there. The land cannot be used for active uses such as playing fields. Selectman Donovan asked if Clerk Wills could go down and plant corn there. Mr. Flynn said no, because it is not a community farm. George Dentino of Gladiola Terrace - commented on the Great Waves ZBA suit, noting it's not just the Great Waves and Mr. Clemmey fighting the battle, but rather both of them fighting the Town. He pointed out in the last few weeks the Board has denied counsel for several Boards. He noted people will be unwilling to serve on Boards if they are continued to be handicapped with a lack of funding. Robert Goldman, VanGemert Drive - stated that to not have representation in court would weaken the case against Great Waves. Providing representation would strengthen it. Questions and comments were closed at this point. Mr. D'Agostino noted a proposal he received in a phone call to match by the individual whatever the Board pledges Board of Selectmen Minutes of October 4,2000 7 collectively. Selectman Donovan, Town Manager D'Agostino and the Selectmen's Secretary each pledged $100. Chairman McCarter called for a 5-minute recess. DPW Lee Azinheira said they have a water connection request for a two-house residential compound off Mill Street. Kurt Gaffney has reviewed it. Motion: To grant the water main extension (Donovan-Wills) All in favor Passes Town Manager D'Agostino asked that a comprehensive plan and approach be presented to the Board of Selectmen for use in the consideration of future water main extension requests. Due to time constraints, this will be reschedule for after Town Meeting. Planning Board Chairman Tom French presented the "Planned Business District" being proposed at the Special Town Meeting in Article 32. It is a collaborative effort of the Planning Board and the Industrial Development Commission. He reviewed briefly the amendments made at the last Town Meeting and spoke of the meetings subsequent to that which have been held jointly with the IDC. The area is area of the Planned Business District (PBD) is in and around the Cabot Business Park and is in common with the I-l Zoning District. It was delineated for the Selectmen on the Town Zoning Map by Mr. French. None of the zoning in the residential districts was changed. Existing uses within the "Planned Business District" such as Stop & Shop will become pre-existing, non-conforming. Mr. Barrows, Chairman of the IDC, noted the message to the former I-l Zone is that the Town does not want any additional retail uses within the zone. The Town Manager asked why the "Golden Triangle" was not rezoned. Mr. French noted it was a separate topic for another time and was more than they could handle in this shot. Mr. Barrows stated the IDC endorses the Planning Board's article and looks forward to working with them further on the zoning of the "Golden Triangle." He explained the PBD mirrors the uses of the former Industriall Zone. They hope to entice the development of more office space within the zone and are attempting to minimize warehouse use. The Schedule of Principal Use Regulations was reviewed, with the changes in uses being noted. He pointed out they are also allowing a restaurant to serve an office building as a new use within the zone. Some Board of Selectmen Minutes of October 4, 2000 8 definitions in the Classification of Businesses Uses were amended in Section 3.5. They have asked that building height be increased from 60 feet to 75 feet in the PBD, but it will remain at 60 feet when the property abuts a Residential Zone. They hope it is an enhancement that will attract the types of businesses we are looking for. Town Manager D'Agostino stated he supports this change, noting it will help to attract revenue producing businesses that offer higher paying positions. Selectman Amoruso said he believes they've done a good job in addressing the matter. Motion: To support Article 32 (Wills-Amoruso) All in favor Passes The Town Manager expressed concern about the tenor and tone of the Finance Committee in the money articles for Town Meeting. He suggested the Town Accountant and Treasurer/Collector are present and we should discuss the money articles and the source of funding with them. He noted the Finance Committee is looking to the Selectmen to set priorities. Mr. D'Agostino reviewed a funding Source Report prepared for the Board that detailed $778,616.48 in additional revenue and new growth. There is also an additional $762,000 in estimated free cash available that has yet to be certified. The available funds before we reach the 2 t limit is estimated to be $1,540,616.48. He noted the Finance Committee was against taking money from Stabilization to fund the operating budget at the Annual Town Meeting. He presented an outline of the money articles proposed for the Special Town Meeting with the proposed funding source for each. These total $951,693.89,with $437,761.89 coming from Free Cash and $513,932.00 to be raised and appropriated. · Treasurer/Collector Richard Boucher discussed medical insurance costs owed from the prior year that were in dispute at the close of the fiscal year. · The Town Manager reviewed the $49,000 needed to fund Med tax and established priorities. · Household hazardous waste collection costs of $8,000 were discussed in order to fund a spring household hazardous waste day. · Salaries ($10,480.) include the additional money necessary to fund the Town Manager's new employment contract. · Hercules - we are under a mandate to get the property cleaned up and need $10,000. Board of Selectmen Minutes of October 4, 2000 9 · Cable - we could take a portion of the $40,000 to fund for immediate needs in the negotiation of the cable license and fund the balance in subsequent years. · MUNIS is necessary for the 4GL migration at a cost of $20,700. It's an integrated product and includes all of our financial software. · MIS $6,530. Is for equipment at the Police and Fire Departments. The equipment was incorrectly spec'ed out by the individual departments prior to our getting an MIS Director on board. · Otis Street Bridge is a $10,000 investment from free cash for repairs that are needed and is a stop-gap method that wi II get us by for about three years · Heat and Utilities Costs of $59,500 is the estimate to cover the cost of increases this year · Fire Manpower of $24,000 is part of the 5-year management policy and will be done following the Police Manpower study. · Fire Salaries of $37,040 will be explained further by Chief Sliney. It is due to overtime as the result of sick time and vacation time taken · Police grant match of $3,910 is needed to realize $39,100 to relocate the pistol range. A house was built at the end of the present firing range and it therefore needs to be relocated. It will be added to the $12,000 in article 31. Chairman McCarter asked at this point that the Selectmen be posted to meet next Thursday at 7:30 p.m. in the event they are not able to complete their review of the Special Town Meeting Warrant at next weeks meeting. · School buses at a cost of $36,302 · Special Ed Account at $225,000 to incorporate special education needs · Voting Machines at $34,600 to replace 12 year old machines with a life expectancy of 10 years. The contractor will not service them further after the Presidential election. We're looking to replace them for the local election. FinCom feels we should just count the ballots by hand since not that many people vote. · Sewer I&I at $150,000 is proposed to be taken from Free Cash · Huchins fencing at $50,000 and Memorial Park parking at $79,795 are long- standing commitments. FinCom suggested deferring this. We have a field shortage crisis now and we would not be able to use the fields we have invested so heavily in if this work is not completed. · Police firing range at $12,594 He explained that he is advocating for Scenario 1 of the three scenarios presented. This would require $209,161.89 to be raised, which puts us $55,522.59 below the Board of Selectmen Minutes of October 4,2000 10 limit of 2 t and enables us to put $324,238.11 into Stabilization. He noted we are not meeting the needs of the Town or the children if we fund in any way other than Scenario 1. $209,161.89 would convert to an additional $.44 on the residential tax rate, bringing it to $18.94 per thousand. Clerk Wills asked where the artificial fields article is on the warrant. The Town Manager showed where it was covered under additional revenues. The Town Manager also ran through figures on reimbursement and revenue to cover the cost of the fields. He recommended a 15 year note to save interest, but noted we may be locked into a 20-year authorization based on the bonding term for the school. Mr. D'Agostino reported we will probably have a management study report on the Police Department by the middle or end of the month. Chairman McCarter suggested we start the meeting at 6:30 p.m. next week and work first on warrant articles. Motion: To adjourn at 11:05 p.m. (Robinson-Wills) All in favor Passes &/i~~' Signature of Clerk r (. v,~lA~ Board of Selectmen Minutes of October 4, 2000 11