HomeMy WebLinkAboutmin brd of selectmen 05/01/00
Board of Selectmen
Minutes
May 1, 2000
Present: Chairman McCarter, Clerk Wills, Selectmen Amoruso, Donovan and
Robinson.
Town Manager John D'Agostino; Town Counsel Robert Mangiaratti; and
Special Counsel Mark Roberts.
The meeting convened at 8:50 p.m. at the conclusion of the Light Commissioners
meeting.
Leonard Flynn of 102 Jewell Street - asked Selectmen to hold off signing an
agreement with Great Waves until after the vote of Town Meeting.
Christine Flass of Rumford A venue - asked Selectmen to let an independent party
determine the fate of the Great Waves project.
George Dentino of Gladiola Terrace - asked that prior to making a decision and
signing an agreement, the Selectmen release the findings of the three lawyers the
Town paid for.
Town Counsel Mangiaratti suggested going into Executive Session to discuss the
changes in the Great Waves Agreement.
Motion: To go into Executive Session for the purpose of discussing on-going
litigation.
(Amoruso-Robinson)
Roll Call Vote: Donovan - Nay; Wills - Nay; Amoruso - Aye; Robinson - Aye;
McCarter - Nay. Motion fails.
Attorneys Mangiaratti and Roberts reviewed the changes in the latest draft, noting
there had been one face-to-face session and several exchanges of drafts since the
last meeting of the Selectmen to address the issues.
· 70,000 gallon tank - the 60,000 gallon tank is only being used for well water.
The 70,000 gallon tank is for well water, but also to give them the ability to
Minutes of May 1, 2000
take municipal water and purple pipe water. The language has been changed to
make it clear it will be used to service only the toilets and will not be used for
the pools. The 70,000 gallon tank was added at the Town's request to address
this and the concern with regard to having sufficient water to flush toilets.
·
II. c) Back flow concern - air gap measures have been included.
·
II. d) Limit on municipal water used - penalties added for exceeding the per
day average with additional penalties for exceeding 50,000 gallons. Attorney
Roberts noted 73,000 gallons per day was the number stated in the original
MEPA filing. If additional water is needed, it would be more financially
beneficial for them to fill the tanks with well water.
·
II. e) has been reworded so that Great Waves will pay a penalty equal to two
times the applicable water rate for exceeding the allowable limits.
·
II. f) - minor change regarding landscaping plan
·
II. g) - reflects water capital charge calculation of $210,000
·
II. j) - new paragraph added to cover failure of on-site wells
·
III. b) - addresses operational plan for the end of the season - chlorine will be
allowed to dissipate and pool water will be discharged into the storm water
system
·
VIII. a) - discount tickets for Mansfield residents
·
VIII. b) - 150 jobs will be held for qualified Mansfield residents
·
VIII. d) - conditions will continue to successors and assigns
·
XIV. - assumption agreement whereby Great Waves is relieved of any future
obligations but is responsible for past obligations covered by the agreement.
·
Exhibit F - endorsement letter - included at the request of Great Waves as a
concession for what they were agreeing to. Letter acknowledges the Selectmen
won't appeal the Building Inspector's decision.
·
Exhibit C - covers the parking restriction agreement and eliminates arbitration.
Minutes of May 1, 2000
2
Chairman McCarter reviewed the options available to the Selectmen. Clerk Wills
read a statement noting his roots in Mansfield and his love for the town. He spoke
of his responsibility as a Selectman for the health and safety of Mansfield
residents, stating his concerns about the public water supply and the effect a
water shortage would have on the residents. He also noted his concern for what
will happen at the end of the twenty years and announced he will vote against the
agreement and ask fellow board members to join him and continue the appeal
process with Rackermann, Sawyer & Brewster and the environmental appeal with
Robert and McRoberts.
Motion: Not to approve the Great Waves agreement and to continue the appeal
process and deny the water hookup.
Selectman Amoruso said he does not see a negative impact on the use of our water
based on the amount of Town water being used. He noted the original request was
for a much greater amount and believes the water issue has been mitigated.
Although, he stated, he does not see the traffic issue being resolved, he believes
what the Town is receiving from Great Waves compensates for the increased
traffic and the impact they will have on our use of passive recreation land. He
cited the advice received from our attorneys and consultants, noting he is not a
gambler and does not want to bet with Town money in continuing to appeal when
we've already been told our chances of winning are slim to none.
Selectman Donovan spoke of his concern with traffic backing up on the highway
ramps and spilling out onto streets throughout town. He also stated that after
twenty years we'll have no benefits.
Selectman Robinson said he was expecting something better to come back after the
last negotiating session and is still not happy with the elusive water number.
Selectman Amoruso noted that if we go to Court and lose, we will have nothing for
anyone.
Chairman McCarter spoke of how far we've come In the negotiations and the
substantial progress that's been made in protecting the Town's water supply. No
municipal water is being used for pools and no other business in town has been
denied the use of water. He stated the importance of balancing the rights of the
people of Mansfield against the rights of people who own land in town and want to
develop it. If the Selectmen did not want to do this, there should never have been
a vote to negotiate a settlement.
Selectman Amoruso restated the water issues have been mitigated; traffic will be a
problem, but it will be so with or without Great Waves when the TPC Golf Course is
Minutes of May 1, 2000
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built with the accompanying development in Norton. He noted the amount of
municipal water being used by Great Waves is a drop in the bucket in relationship to
the amount pumped every day. Without the agreement the Town will get the
development, but there will be no promises made and this is the closest thing we'll
ever get as an insurance policy. He noted we are past the time to be talking about
if it's an amusement park and if there's sufficient parking. The issues before the
Building Inspector, the Conservation Commission, and the Planning Board are behind
us, and the developers are now at a point where they will spend their $2.8 million on
the Town of Mansfield or use it for lawyers to fight the Town of Mansfield.
Selectman Robinson said he would not sign the agreement currently before the
Board if it is the best they can offer.
Vote on signing the Great Waves Agreement:
In favor: McCarter and Amoruso. Opposed: Wills, Donovan and Robinson
Motion fails
Motion: To go into Executive Session to further discuss on-going litigation and to
return to Open Session only to adjourn.
(Amoruso-Robinson)
Roll Call Vote: Donovan-Nay; Wills-Nay; Amoruso-Aye; Robinson- Aye; McCarter-
Aye
Motion for Executive Session Passes at 10:00 p.m.
Selectmen returned to Open Session at 11 :03 and voted to adjourn
(Amoruso-Robinson) All in favor. Passes
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Minutes of May 1, 2000
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