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HomeMy WebLinkAboutmin brd of selectmen 04/26/00 Board of Selectmen Minutes April 26, 2000 .-< , Present: 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. 42 in the amount of $3,023,638.47 Motion: To sign the warrant. (Amoruso-Robinson) All in favor. Passes. Chairman McCarter abstained on the Municipal Building Committee payroll; Selectman Robinson abstained on the School Department payroll . · License for Public Entertainment on Sunday and Seven Day Entertainment License for DLC Corp. d/b/a Tweeter Center for the Performing Arts Motion: To approve the licenses subject to the terms and conditions of the Entertainment License Agreement between the Town and Tweeter Center. · Open Air Parking Licenses Acme/Cleveland (Joe Ditchman) at 75 Chauncy Street The check for the 1999 license has been received; however drainage problems have developed in the lot and that portion of the lot has not been paved. The Building Inspector is recommending against approving the lot until the Town Engineer has given his approval to the drainage. Motion: To give the applicant until May 30, 2000 to bring the lot into compliance with the site plan. If it's not in compliance at that point, we will proceed with enforcement measures. (Wills-Amoruso) All in favor. Passes 875 South Main Street Realty Trust (Karl Clemmey) at 875 South Main Street The Police Chief will not sign off until Selectmen resolve the complaint against the applicant. Chairman McCarter noted the Chief would like the Minutes of April 26, 2000 1 incidents he alleges occurred brought before the Selectmen to see if they constitute a license violation. Motion: To grant the license, subject to a hearing to address whatever allegations are brought forth by the Police Chief. (Wills-Donovan) All in favor. Passes Gray/McNeeley Lot at 888 South Main Street Nancy Gray McNeeley and Dan McGonegne were present to review their application with the Selectmen. Ms. McNeeley noted they cut back on the number of parking spaces last year and are only using 77 spaces as shown on their site plan. The back parking has been eliminated and they have no intention of expanding into the conservation area. The applicant was advised to get together with the Building Inspector to work out the issues. Motion: To table the application for one week. (Amoruso-Wills) All in favor. Passes Player's Choice Lot (Andy Gazzolo) at 10 Reservoir Street The applicant was not present. The Town Manager read a memorandum from Deputy Chief Bellavance of the Fire Department regarding zoning issues discussed this afternoon with the Building Inspector. Motion: To table the application for one week to give the applicant a chance to speak with the Building Inspector to resolve zoning issues. (Amoruso-Wills) All in favor. Passes . Vote of Intention to Lay Out a Town Way - Keli Lane. The article to accept Keli Lane as a public way has been put on the Special Town Meeting Warrant by citizen petition and a public hearing has been scheduled for May 10th at 8:00 p.m. Motion: To vote intention to layout Keli Lane as a town way in accordance with the appropriate policies and procedures. (Amoruso-Wills) All in favor. Passes · Special Town Meeting Warrant Motion: To sign the warrant (Amoruso-Wills) All in favor. Passes · Minutes of April 19 , 2000 Motion: To approve (Amoruso-Wills) All in favor. Passes Minutes of April 26,2000 2 · Letter from MediaOne regarding a service tier adjustment, with the majority of cable subscribers seeing a slight decrease in their bills. · Letter from Leonard Kesten of Brody, Hardoon, Perkins & Kesten regarding Larch vs. the Town of Mansfield. Mr. D'Agostino noted the Town has insurance and our exposure is minimal. The insurance company is paying the attorney and he feels reasonably sure the case will be settled in favor of the Town. Motion: To continue with the litigation (Wills-Donovan) 4-1 with Selectman Robinson opposed. Passes · Letter from the Mansfield Lions Club regarding the placement of an additional banner for the Penny Sale on West Street, with Richard Brothers volunteering to put up the banner. Issues of liabIlity were discussed and it was also noted the banner policy was just established and a way around it is being discussed Selectmen stated their support for the Lions Penny Sale and would not object to their having a sign on the Common. They did not support additional banners. · Memorandum from Downtown Business Association regarding the closing of W. L. Stearns & Son and a noon time celebration on Monday, May 8th, sponsored by the Downtown Business Association to recognize the years of service and dedication the Stearns family has given to the town · Letter from Althea Sankey re: Volunteer Recognition Day Luncheon at the Council on Aging on Friday, May 19th at 11:30 a.m. · Invitation to Open House at Weston & Sampson on Thursday, May 4th from 4-7 p.m. Leonard Flynn, 102 Jewell Street, representing Natural Resources Trust (NRT) - asked if there have been any changes to the statement on Great Waves released by Dianne Royle in March. He noted hearing that Blackstone Entertainment has made changes within the last week and asked when the public will be told what they are. He further reiterated NRT's opposition based on the cost of expanding the public infrastructure to support the development, decreased real estate values in the area that will be caused by the development, and lack of opportunity for the public to decide if they want Great Waves in their town. Minutes of April 26, 2000 3 Ed Tartufo, 9 Brookside Road - announced that he is a candidate for State Representative in the 1st Bristol District and looks forward to the campaign and the opportunity to work for the citizens of the 1st Bristol District. Bill Gerber, 362 Central Street - reported a very large puddle in the Town lot at the Train Station. DPW Director Lee Azinheira said he would have Mark Cook of the Highway Division take a look at it first thing in the morning. Mr. Gerber also noted the Town's web page needs to be updated. Bob Goldman, VanGemert Drive - asked if there are any other articles on the Town Meeting warrant that "by-pass" the public's opportunity to have input, such as the Great Waves vote. He restated his position that the Town Meeting is only 2 t weeks away and the Selectmen should not sign the Great Waves agreement until Town Meeting has had its say. Jane Sheehan, 600 South Main Street - noted she and her husband own considerable land in the southern end of Mansfield and are concerned about a big decrease in the value of their property if Great Waves is approved. She also noted her concern about how little attention is being given to the kind of impression people will get about Mansfield, with the roads leading into Mansfield having strip malls, an abandoned run-down school, and now the possibility of a water park. Sandra Levine, 20 Walnut Street - stated there is a silent majority opposed to Great Waves and pointed out all the Town has learned since the approval of Great Woods and the owners' track record of not doing what they promised to do. She made the point that the Selectmen do not have the right to jeopardize the health and safety of the residents, which she believes will be jeopardized with Great Waves using our water. Chairman McCarter read from a report by Woodard and Curran, the Town's water consultant, stating Great Waves' wells and water use will have little or no effect on the Town's water supply. Ms. Levine also noted the Selectmen have the ability to annex land and, since former Norton Selectmen Bill Gouveia thinks the water park is so great, Mansfield could give the land on which it is proposed to Norton and let them have the water park in their town. Leonard Flynn, 102 Jewell Street - spoke again, stating water is not the only concern of the NRT. They do not feel the opinions the NRT received from John Southard of MIT and Dan Murray of URI were considered. Town Counsel Robert Mangiaratti and Special Counsel Mark Roberts were present to review the latest draft of the Great Waves Agreement. Minutes of April 26, 2000 4 Attorney Mangiaratti noted the latest draft of the agreement was faxed this evening and tries to work out all issues between the Town and the proponents of the water park. DPW Director Lee Azinheira was also invited to participate in the review of the agreement with regard to the water connection fee, as the fee established in the rate schedule does not fit this particular application. Mr. Azinheira reviewed water capital charges based on various uses and recommended Alternative 1, at $251,496. Items of concern and discussion were: · II. Municipal Water - c) Questions were raised about the 70,OOO-gallon tank holding well water and municipal water and, to the extent available, "purple pipe" water. It was not clear how water of mixed types would be stored in the same tank. Need to get assurances that the water would be segregated and information as to what it would be used for. The danger of backflow also needs to be addressed. · II. Municipal Water - d) Concern raised over an "average" of 40,000 gallons per day, rather than "maximum." It was expected they would pay a premium anytime they pumped over 40,000 gallons per day. Questions were also raised about using additional water on low use days to reach the "average" 40,000 gallons per day, with the additional water being stored in the 70,000 gallon tank. · II. Municipal Water - g) The calculation should be based on the full amount of water used. · Exhibit C Parking Restriction Agreement - 9. Arbitration Chairman McCarter was not comfortable with the arbitration procedure. Selectman Amoruso was concerned about sharing parking when the Tweeter Center and Great Wave would be open at the same time. Attorney Mangiaratti noted it would become a zoning enforcement issue. At the conclusion of the review Town Counsel Mangiaratti addressed a related issue on which the Selectmen had requested his opinion. He advised them that they have the authority to enter into an agreement for the Town under the Town Charter, likening them to the Town's "Board of Directors" and having the authority to initiate and settle an agreement on behalf of the Town. He further addressed the issue of the citizens petition article on the Special Town Meeting Warrant regarding the issue. He advised the Selectmen that the authority to negotiate and administer litigation rests with them. That authority cannot be exercised by Town Minutes of April 26,2000 5 Meeting and a vote of Town Meeting cannot usurp the authority given the Selectmen by the Town Charter. Motion: To go into Executive Session at 10:35 p.m. for the purpose of discussing pending litigation and to reconvene in Open Session only to adjourn. (Wills-Amoruso) Roll Call Vote: Selectman Donovan: Aye; Clerk Wills: Aye; Selectman Amoruso: Aye; Selectman Robinson: Aye; Chairman McCarter: Aye The Selectmen reconvened in Open Session at 11:33 p.m. Motion: To adjourn at 11:35 p.m. (Amoruso-Donovan) All in favor with Selectman Robinso not present. Passes '\ / ! '-/~ V)" I'~ (, fA,/ut -- I i ) -<" -<: ; "" // ./ i '- !, ' Date of Aþproval Minutes of April 26, 2000 6