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HomeMy WebLinkAboutmin brd of selectmen 05/03/00 Present: Board of Selectmen Minutes May 3 I 2000 Chairman McCarter, Clerk Wills, Selectmen Amoruso, Donovan and Robinson John D'Agostino, Town Manager The meeting was called to order at 7:35 p.m. followed by the Pledge of Allegiance to the Flag. · Warrant No. 43 in the amount of $629,193.32 Motion: To sign the warrant. (Amoruso-Wills) All in favor. Passes. Chairman McCarter abstained on the Municipal Building Committee payroll; Selectman Robinson abstained on the School Department payroll. · Open Air Parking Licenses 875 South Main Street Realty Trust (Karl Clemmey) at 875 South Main Street Motion: To authorize the Chairman to sign the license approved last week for 400 spaces. (Wills-Donovan) All in favor. Passes Gray/McNeeley Lot at 888 South Main Street A new plan is being prepared by RIM Engineering and will not be ready until next week. Motion: To extend the deadline for one week. (Wills-Donovan) All in favor. Passes Player's Choice Lot (Andy Gazzola) at 10 Reservoir Street A plan showing the spaces to be used has been submitted and the Building Inspector has signed off on the application. Motion: To approve the license for 150 spaces (Wills-Amoruso) All in favor. Passes · Bond in the amount of $23,5000 to cover Sandra LaRosee as Assistant Treasurer Minutes of May 3, 2000 Motion: To approve and authorize the Chairman to sign. (Amoruso-Wills) All in favor. Passes · Drainlayer's License for Prosser Contracting Motion: To approve the license (Wills-Donovan) All in favor. Passes · Proclamation for presentation to W. L. Stearns on the closing of the oldest Mansfield business in continuous operation - read by Clerk Wills Motion: To sign the proclamation (Amoruso-Robinson) All in favor. Passes · Proclamation for presentation to the City of Mansfield, England in honor of "Mansfield Sister Cities" Day to be celebrated May 17, 2000 - read by Clerk Wills Motion: To sign the proclamation (Wills-Donovan) All in favor. Passes · Minutes of April 26, 2000 Motion: To approve and sign. (Amoruso-Wills) All in favor. Passes · Executive Session Minutes of April 26, 2000 Motion: To approve and sign, but not release. (Wills-Amoruso) All in favor. Passes · Minutes of May 1, 2000 Motion: To approve and sign (Amoruso-Robinson) All in favor. Passes · Executive Session Minutes of May 1, 2000 Motion: To approve and sign, but not release (Wills-Amoruso) All in favor. Passes · Town Manager D'Agostino asked the Selectmen to authorize him to sign a commitment letter regarding the application for approval of an action to increase over the present rate of Interbasin Transfer for the Morrison Well No. 10 Motion: To authorize the Town Manager to sign the commitment letter on behalf of the Town. (Amoruso-Donovan) All in favor. Passes Minutes of May 3, 2000 2 · Memo from Town Clerk Helen Christian noting she was notified by the Massachusetts Census Division that Mansfield had the highest rate of return at 73'10 in the Commonwealth for the Town Census. · Letter from John D'Agostino requesting a subcommittee be appointed to renegotiate his contract that has been renewed Motion: To appoint Selectman Donovan and Clerk Wills to negotiate the Town Manager's new contract (Amoruso-Donovan) All in favor. Passes · Tweeter Center list of confirmed performances for 2000 - to be sent to Fire Chief and Police Chief for review. Selectmen will notify Tweeter by May 13th of any concerts we have public safety concerns about - will resend letter regarding Phish concert and any others designated by Police and/or Fire Chief · Letter from Philip Giangarra, Board of Health Chairman, regarding Article 5 of the Special Town Meeting on the Town Hall air conditioner · Memo from Water Operations Manager Kurt Gaffney regarding revised water restrictions. Mr. Gaffney noted his intent to impose restrictions beginning June pt on an odd-even basis, with watering allowed between 5 and 10 a.m. and 6 and 9 p.m. "Kiddie" pools and sprinklers for children to run through will be allowed. He does not expect there will be any abuse of this. Motion: To approve phase 1 of the summer water restriction program as outlined by Mr. Gaffney (Donovan-Amoruso) All in favor. Passes · Letter from Stan Purwell, Post Adjutant of Mansfield VFW for Memorial Day Parade and Cemetery on May 29, 2000 beginning at Memorial Park at 10:00 a.m. and requesting the Selectmen's participation Motion: To approve the parade subject to a positive review by the Police Department. (Wills-Robinson) All in favor. Passes · Letter from Cory Isabelle of Boy Scout Troup 17 who is working on his "Citizenship in the Community" merit badge · Letter from Frank J. Bennett of 54 Balcom Street stating his opposition to trash fees, higher taxes, and any overrides Minutes of May 3, 2000 3 · Letter from Annawon Council Boy Scouts of America requesting Selectmen's attendance at the Scout-Q-Rama to be held May 6th at Rozena Farms in East Raynham from 10 a.m. to 3 p.m. Great Waves Agreement Town Counsel Mangiaratti advised the Selectmen that he and Special Counsel Mark Roberts have reviewed the revised Settlement Agreement with Great Waves and concur everything they asked for has been covered. He noted the Agreement has been executed by the Great Waves development team and awaits their decision. The Executive Summary, prepared by Special Counsel Roberts, was reviewed in detail and is attached to these minutes. Attorney Mangiaratti noted the Town has received substantive considerations in their negotiations to get an enforceable agreement that wi II protect the Town. Upon completion of the review, Chairman McCarter noted they have not bargained away other people's right to challenge the decisions that have been made leading up to this Agreement. Attorney Mangiaratti agreed, noting however that it has never occurred to his knowledge that the Board of Selectmen has challenged the decision of Department Heads or Town Boards and Committees. Attorney Mangiaratti also noted there is still a large parcel of industrially-zoned land. He suggested that in making a policy decision, the Board of Selectmen tried to get a package of benefits that is unprecedented, while the proponent will still be paying all the required fees and taxes. Following review and discussion, a vote was taken. Motion: To approve the Great Waves Settlement Agreement. (Amoruso-Robinson) Selectmen Amoruso and Robinson and Chairman McCarter in favor; Clerk Wills and Selectmen Donovan opposed. Motion Passes 3-2 Prior to beginning the review of the warrant articles, Town Counsel Mangiaratti reviewed the procedure for a Proposition 2 t override in the event the budget passed at Town Meeting exceeds the cap and such action becomes necessary. He noted a question drafted by the Board of Selectmen would have to be placed before the voters by a vote of the Board of Selectmen and voted by ballot if Town Meeting fails to adopt a balanced budget. The ballot question would have to include an amount by which the cap would be exceeded and the purpose of appropriating additional funds. Minutes of May 3, 2000 4 Town Manager D'Agostino noted Town Meeting could approve a budget and a contingency budget in case an override question fails. Operating items can be passed contingent upon approval by the voters, then put before the voters for approval within the required 45 days. He noted the earliest a special election could be held would be June 13th. He suggested the sooner we know, the better off we will be in organizing a ballot question to get before the voters. He further noted that an override would permanently increase the community's basic levy limit, with the additional amount only being earmarked for a specific purpose the first year and then going into the general fund each year thereafter. Mr. Mangiaratti was requested to prepare the language for a ballot question in preparation for Town Meeting. · Prior to Town Counsel's departure, Selectmen Donovan stated he did not vote to approve the Great Waves Agreement, noting he should not be bound by the "gag order" included in it. Mr. Mangiaratti advised him that as a Selectman, he is bound by the terms of the Agreement approved by the majority. He noted he can speak as an individual at any time, but in this matter he cannot speak against the Agreement as a Selectman. Clerk Wills noted the Board of Selectmen works as a body. He further noted that even though he also voted against it, the Board has to support the agreement because the majority voted in favor of it and the majority rules. · Town Manager D'Agostino advised the Selectmen they will be receiving an invitation to a Saturday budget session. He also reminded them of the Thursday night meeting of the Budget Task Force, noting the entire School Committee will be in attendance and forecasting models will be discussed. Selectmen said they would be unable to attend the Saturday session, but asked that they be posted for the Thursday night meeting, as a majority would be in attendance. The continued Street Acceptance Public Hearing scheduled for 8:00 p.m. was reopened at 9:05 p.m. There were no questions or comments from the public and the hearing was closed at 9:11 p.m. Motion: To accept Mill Farm Drive and Millstone Court as public ways, subject to satisfactory completion of all remaining punchlist items prior to Town Meeting. (Amoruso-Robinson) All in favor. Passes Minutes of May 3, 2000 5 Special Town Meeting Warrant Article 1 - Motion: To support (Donovan-Robinson) 5-0 Passes Article 2 - Needs 2/3 vote at Town Meeting Motion: To support (Robinson-Amoruso) 5-0 Passes Article 3 - need 2/3 vote at Town Meeting Motion: To support (Wills-Amoruso) 5-0 Passes Article 4 - Table for amount Article 5 - Motion: To support (Robinson-Amoruso) 3-2 Passes with Donovan and Wills opposed. Concern was voiced about bringing the issue of the Town Hall air conditioner back before Town Meeting Article 6 - Motion: To support (Amoruso-Robinson) 3-2 Passes with Donovan and Wills opposed Article 7 - Motion: To support (Amoruso-Wills) 4-0-1 Passes with Robinson abstaining Article 8 - Motion: To support (Robinson-Donovan) 5-0 Passes Article 9 - 2/3 vote at town Meeting Motion: To support (Amoruso-Robinson) 5-0 Passes Article 10 - Table to hear from Chief. Article 11 - Motion: To support (Amoruso-Wills) 5-0 Passes Article 12 - Hold for amount Article 13 - Withdrawn Article 14 - Motion: To support (Amoruso-Robinson) 5-0 Passes Article 15 - Motion: To support (Donovan-Wills) 5-0 Passes Article 16 - Hold for Planning Board recommendation Article 17 - Motion: Not to support (Amoruso-Wills) 4-1 with Donovan opposed Passes Article 18 - Table Selectman Robinson left the meeting at this point. Annual Town Meeting Warrant Articles Article 2 - Motion: To support 4-0 Passes Article 3 - Table Article 9 - Get updated amount Article 10 - Motion: To support (Amoruso-Donovan) 3-0 with Wills not present Passes Review was suspended at 10:15 p.m. to allow for questions and comments as posted on the agenda. Minutes of May 3, 2000 6 Peter De Tro/io of Elm Street - stated he is upset about Questions and Comments being replaced on the agenda by Dick Samuels and Great Waves. He also noted he thinks it's interesting the Board of Health would sponsor an article about the decibel level of the Town Hall air conditioner for residents of Union Street, but he hasn't been able to get them to do anything for 13-14 years about the decibel level in West Mansfield as the result of the Great Woods/Tweeter Center Lou Andrews of 255 Fruit Street - congratulated Chairman McCarter on choreographing the meeting and advised the Board of Selectmen that the Natural Resources Trust (NRT) has hired legal counsel to fight Great Waves and will do everything within their power to prevent Great Waves from coming to Mansfield. They are soliciting funds from the general public and people can contact him at 339-4155 for additional information. Colin Cauldwell of 842 East Street - stated he is pleased that Selectmen Wills and Donovan voted against the Great Waves Agreement. He noted he could see Brad Wills agonizing over it Monday night and wishes the majority of the Board could have seen it the way most of the townspeople see it. Chairman McCarter pointed out that Brad Wills was not the only one agonizing over the decision, noting he personally had come the furthest from a negative position and was by himself for a long time. He stated he chose to take part in the process to see what could be obtained for the town. He noted concessions were made and you can't vote based on if you "like" something or not. You have to vote based on what the law is, and the rights of people who own land have to be protected whlÏe also protecting the rights of townspeople. Robert Goldman of VanGemert Drive - stated the Town Meeting Warrant Articles should have been done first, then the public should have been heard. He said Great Waves should have been made to wait. He further stated that voting on the Great Waves Agreement prior to allowing interested townspeople to speak is a sham. Leonard Flynn of 102 Jewell Street - said he knows what intimidation is and he knows what money is. He stated his belief that the Board of Selectmen was intimidated by the Great Waves proponents. He pointed out the Selectmen ignored the vote of Town Meeting and the petition signed by over 650 people and couldn't see fit to wait another week to allow the citizens of Mansfield to vote their opposition at Town Meeting. He stated Town Counsel Mangiaratti was the original source of the problem when he made the judgement this "amusement" park is an Minutes of May 3, 2000 7 aquatic recreational facility. He said the citizens of Mansfield have been denied their right to participate in a project that will have significant impact for years to come. He noted Chairman McCarter kept bringing up water-and the NRT had said from the beginning that Great Waves would have no effect on water. NRT's concern was their investment in 850 acres of conservation land and the impact of traffic. Selectmen Amoruso took exception to Mr. Flynn's remarks that the Board of Selectmen undermined the democratic process, noting he felt more intitmdated by the Wave Goodbye group than he ever was by the proponent. He further noted the vote does not mean the Board likes the project, but when taking all things into consideration, this is the best "win" for the town and the Board made sure it is not blocking any action the NR T wants to take. Motion: To release all Executive Session Minutes relating to the Great Waves negotiations. (Amoruso-Wills) 4-0 Passes Discussion followed as to the process necessary to expand Great Waves in Phase 2, noting it would require a Planning Board Special Permit. Selectmen expressed the desire to meet with the Planning Board to further discuss this prior to the next phase of the project. · Representatives Hyland and Poirier and Senator Sprague introduced an amendment to the State transportation bill to include reclamation and resurfacing Route 106 which will mean $2.3 million dollars for the project if the bill survives and passes. · He is doing a cable show called "Mansfield Connection" once a month. The first show covered the Train Station and Bus Service. The next show will focus on the contamination at Memorial Park and the Highway Garage and what will be required by DEP. · An update on the Train Station Project is being scheduled for an upcoming meeting. · We've received grant notification that additional police officers can be hired for the schools, with the commitment that we keep them after year 3. Motion: To continue the meeting until 11:10 p.m. (Amoruso-Donovan) 4-0 Passes Minutes of May 3, 2000 8 · Advised the Selectmen to read carefully the letter from Foxboro regarding the Morrison Well. The meeting with DEP will be in June and he will be writing to the Water Resources Commission to be on their agenda in June to give us a chance to respond to additional concerns raised by Foxboro. · The Budget Task Force will be meeting tomorrow night. · He has taken a rail ride along with Selectmen Robinson and Donovan to identify densely populated areas where high security fencing is needed. · Senior Volunteer Appreciation Day will be celebrated May 19th with a luncheon at 11:30 a.m. at the Council on Aging · He will be having a Coffee Hour for Seniors May 11th at 10 a.m.; June 9th the Light Department will be sponsoring a luncheon for seniors on electrical safety. · A constructive meeting was held with Hope Street residents on the parking lot and many changes suggested by the residents will be incorporated into the plan. · The bill for the Clemmey Tank cleanup could be over $100,000. The Building Inspector will issue a demand for the cleanup of the property. A public hearing will be held if necessary and, if the owner defaults, the Town has a financial responsibility to clean up the site. This will be discussed in further detail another night. Selectman Donovan asked about shrubs that were supposed to have been put in on Pratt Street. Mr. D'Agostino said he would look into it. Selectman Donovan also reported there were cable problems in the area of Pratt Street. Motion: To adjourn at 11:10 p.m. (Wills-Amoruso) 4-0 Passes 1', '" l r-, , LL l .c{ ¡Ii 'I .,- . '4 ý /( < ..:z ,1 ..'i) Date of Approval ) Minutes of May 3, 2000 9 MCRoBERTS & ROBERTS, L.L.P Attorneys at Law May 2, 2000 Selectmen Town of Mansfield Six Park Row Mansfie1d, MA 02048 Rc: Settlement with Great Waves A TTORNEY/CLlENT COMMUNTCA nON Dear Sirs: Enclosed is the revised Settlement Agreement that incorporates the changes that were negotiated at last night's meeting, The substantive terms of the Agreement are as follows: A) Water: 1. No water for pools or irrigation. 2. (fleat Waves shall install "waterless" public urinals. 3. Great Waves shall at its cost enlarge the existing main in Soutb Main Street to a 12" main- 4. Two on-site wells located away rrom vernal pool shall be used for pools and irrigation. S. 60,000 gallon tank shall be used for storing well water for pools and irrigation. 6. 70,000 gal]on tank shall be use to store well water, if available "purple pipe" water and municipal water to service toilets. This water will not be used for potable purposes and back flow prevention devices shall be installed. 7. Water use shall average no more than 40,000 gallons/day between Memorial Day and Labor Day or Great Waves will pay two times the normal charge [or all water used above this average. 8. Ifpwple pipe water becomes available, the average shall drop to 30,OOO/day with the same penalty provision. 9. If Great Waves use more than 50,000 gallons on any day, it shall pay two times the nonnal water charge for very gallon used above 50,000. TI,is penalty shall be in addition to the seasonal average penalty. 10. Plantings will be of drought resistant plant species. 11. Great Waves shall pay a water capital charge of$210,000.00. If, during the first year Great Waves' usage exceeds 35,000/day on average, Great Waves shall pay an additional capital charge of $5.00/gallon/day used in excess of35,000 gallons. 101 Mcrriroae Street Bosron, Massachusetts 02114 Phone: (617)722-8222 Fa:c (617)720-2320 Selectmen May 2, 2000 Page 2 12. Great Waves shall pay $25,000.00 to the Town's water conservation program. 13. If Great Waves' on-site wells fail, Great Waves shall truck in water for pool and irrigation. 14, Great Waves shall pay all generally applicable water charges, including and increased seasonal use charge if one is imposed generally by the Town. 15. ilieat Waves shall provide as built plans and provide inspection by tbe Town inspector prior to backfilling of all piping either connected to the tanks or used to carry municipal water to ensure that all water use is consistent with. the Agreement. B) Waste Water Treatment 1. Great Waves' waste water shall be metered and Great Waves shall pay generally applicable rates for larger users. 2. Pool water shall not be discharged into the sewer system at the end of the season. 3. If Great Waves discharges more than 7,000 gallons of pool backwash per day, it shall pay a penalty of twice the applicable rate for every gallon over 7,000 discharged. 4. Great Waves shall use chlorine at concentrations less than or equal to the statutory rnaximwn allowed for swimming pools. 5. If Great Waves is going to use any biocide other than chlorine, it shall notify the Town at least five days in advance. C) Drainage 1. Great Waves shall install storrn-ceptors. 2. Clean run-off water from roofs shall go into dry wells for ground water recharge. 3. Great Waves shall relocate storm water retention system to control run-off and design the system to meet a 100-year storm event. 4. Great Waves, in consultation with DEP, shaH fInalize and implement a storm water management and maintenance plan. D) Open Space 1. Great Waves shall place approximately thirty acres under a perpetual conservation restriction for the benefIt of the ToWD. E) Traffic 1. Great Waves shall conduct a functional design traffic study ill accordance with the specifications of the Massachusetts Highway Department. The TOWIl is Selectmen May 2, 2000 '- Page 3 '. 2. 3. specifically entitled to submit comments and recommendations concerning the design of the study. Great Waves shall only be open from 9:30 a.m. to 6:30 p.rn, Great Waves shall have a daily police detail from noon to ODe-half hour after closing, the size and configuration of which shall be determined in consultation with the police chief F) Parking 1. Great Waves will execute a restrictive covenant enforceable by the Town and which can only be modified by the Town governing the shared parking area with the Tweeter Center. G) Discount Tickets 1. For twenty years, any Mansfield resident can purchase up to six tickets of any kind of ticket for one-third (1/3) the listed price to be used for the Mansfield resident and their guests. If the tickets are purchased after 2:30, the cost is only one-sixth (1/6) of the listed price. 2. After twenty years, Mansfield residents still obtain the same discount, but the tickets can only be used by residents of Mansfield. Any guests from other towns will have to pay the listed price. This discount shall continue as long as Great Waves operates as a water park. H) Mansfield Hiring Preference 1. Great Waves shall grant a hiring preference of seasonal employees for up to ISO qualified Mansfield applicants who have applied fOr a summer job by April 15th of the operating year. I) Financial Consideration 1. Great Waves shall pay the Town $2.8 million as follows: a) $125,000.00 per year for the first five years b) $135,000.00 per year for the second five years c) $\45,000.00 per year for the third five years d) $155,000.00 per year for the fourth five years Selectmen Mäy2~OOO Page 4 ..... ..... ...... 1) Expansion 1. The Agreement only covers Phase 1. Any further expansion would be subject to special permit requirements. If a Phase II is approved, Great Waves will have to pay all reasonable and customary mUIÙcipal fees and charges. K) Agreement Binding on Successors and Assigns 1. If Great Waves wants to sell the water park, the new buyer has to execute an assumption agreement satisfactory to the Town agreeing to perfonn,and observe all terms, covenants and conditions of the Agreement. L) Resolution of Litigation and Permit Issues 1. The Town will dismiss the pending MEPA litigation and agree not to challenge any other permits or licenses that Great Waves needs to obtain. The Town will provide Great Waves with letters in the form contained in Exhibit F if requested by OW to do so. If you have any questions about any term of the Agreement, please do not hesitate to contact either Bob Maogiaratti or me. v MY truly yours, McROBERTS & ROBERTS, L.LP. MWR/co cc: Robert Mangiaratti, Esq.