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HomeMy WebLinkAboutmin brd of selectmen 03/15/00 Board of Selectmen Minutes March 15, 2000 Present: Chairwoman Royle, Clerk Wills, and Selectmen Robinson, Amoruso and McCarter John D'Agostino, Town Manager The meeting was called to order at 7:30 PM followed by the pledge of allegiance. · Warrant No. 36 in the amount of $2,226,540.67 Motion: To sign the warrant. (Amoruso- Robinson) All in favor. Passes. Chairwoman Royle abstained on Board of Health payroll; Selectman Robinson abstained on School payroll; Selectman McCarter abstained on the Municipal Building Committee payroll · Hackney Licenses for Town Taxi - approved by the Police Department Motion: To approve and sign (Wills-Robinson) All in favor. Passes · Request for Reserve Fund Transfer to Town Manager/Legal in the amount of $18,751.19 for unanticipated legal expenses Motion: To approve the transfer request (Robinson-Wills) All in favor. Passes · Review of revised job description for Subdivision Inspector DPW Director Lee Azinheira noted the only revision is reducing the number of hours to 19 per week and making the position 40-week seasonal with no benefits Motion: To approve the revised job description (Amoruso-Robinson) All in favor. Passes · Minutes of March 8, 2000 Motion: To approve (Wills-McCarter) All in favor. Passes · Minutes of March 8, 2000 Executive Session Motion: To approve but not release (Amoruso-Robinson) All in favor. Passes Minutes of March 15,2000 1 Clerk Wills read the notice of the Selectmen's intention to layout Mill Farm Drive and Millstone Court within Millfarm Estates. Motion: To layout Mill Farm Drive and Millstone Court within Millfarm Estates and to conduct a public hearing for the purpose of getting input from abutters to the ways on April 5, 2000 at 8:00 p.m. (Amoruso-Robinson) All in favor. Passes Cable Access Board of Directors - An application for reappointment was received from William Gerber. Motion: To reappoint William Gerber for a three-year term to expire in April of 2003 (Amoruso-Robinson) All in favor. Passes · Letter from the Elks regarding their Tenth Annual Spring Carnival at Great Woods from May 4-7 requesting: waiver of fees (Towns portion of all fees automatically waived per Selectmen policy regarding non-profit, charitable organizations) permit for fireworks (will be handled by Fire Department) permission to have the Light Department display their Carnival banner at Chauncy and North Main Streets from April 10th through May 7th Motion: To grant the request of the Mansfield Elks (Wills-McCarter) All in favor. Passes · Letter from Christopher and Monica Paquin requesting a waiver of a water tapping fee for work to be done at 885 School Street. Memorandum from Kurt Gaffney, Water Operations Manager, with his recommendation Selectmen requested a response in writing from the Paquins detailing exactly what they plan to do so that fees can be determined prior to any consideration of waiving them. · Chairwoman Royle announced: Nick Brunelli, Mansfield resident and son of our Postmaster, has qualified for the Olympic Swim Team trials The Selectmen have done the Town Manager's evaluation and found him to be above average. They have also voted to renew the Town Manager's Minutes of March 15, 2000 2 contract for another three years and have approved a 5'0 increase in salary for the first six months starting July 1, 2000 and an additional 1 io the second six months. · Junior Jeopardy Tournament Student Organizers Scott Katz and Dan Markt, now Middle School students, reported they started the tournament when they were at J ordan-J ackson as a fundraiser for Dana Farber to buy videophones. The tournament has become an annual event involving 293 students on 88 teams in the third, fourth and fifth grades. The finals will be held March 16th at 5 p.m. at the Jordan-Jackson Schools and anyone wishing to contribute can make checks payable to "Friends of Dana Farber" and drop them off or mail them to the Jordan-Jackson School. Selectmen suggested there might be people present interested in contributing and gave the students permission to accept donations during the meeting. The students reported they have raised $10,430 thus far. · Selectman Robinson announced the presence of another young person in the audience deserving of special recognition - Corey Isabel from Boy Scout Troop 17. Selectman Robinson is working with Corey on a merit badge. The continued Public Hearing for the Small Sewer Extension at 718 North Main Street was reopened. The recommendation of Town Engineer John Sullivan was read. Motion: Not to recommend the extension of the sewer as requested at 718 North Main Street because the requisite two-thirds support of property owners affected was not received. (McCarter-Robinson) All in favor. Passes The Public Hearing was then closed. Prior to accepting questions and comments, Chairwoman Royle read a prepared statement announcing the terms of a tentative agreement reached with the proponents of the Great Waves Water Park. She also announced meetings with the editorial staff of both the Sun Chronicle and Mansfield News had been held that afternoon to review the agreement with them. (A copy of the statement is attached to these minutes.) The following residents responded with questions and comments: Minutes of March 15, 2000 3 Christine Flass, Rumford Avenue Sarah Forbes, 1 Clinton Street David Hammond, Branch Street Robert Goldman, VanGemert Drive Bill Gerber, 362 Central Street George Wojtkiewicz, 1 Gladiola Terrace Dianne Ready, 38 Mill Farm Drive Colin Cauldwell, 842 East Street Jay Creeden, 648 South Main Street Michelle Busharis, 175 Trement Street Paula Levesque, 143 Tremont Street Fran Shaw, 70 Mill Street Forrest Emory of Phoenix Environmental Group representing Karl Clemmey of South Main Street Most residents speaking expressed disappointment and a sense of betrayal by the Selectmen's decision and noted their belief that the Townspeople do not want to see the water park developed. Many spoke of the Town Meeting vote to appropriate $88,500 for legal and other expenses in appealing the project with the Massachusetts Environmental Protection Agency (MEPA). Selectmen explained the course of events, noting the advice of three attorneys that the Town could not be assured of winning an appeal and stopping the project. Selectman McCarter thanked the public for bringing forward their concerns and assured them their "voices" were present throughout the negotiations and they should be proud of the active role they played in the process. Their concerns were presented and addressed, and they made a difference. He noted that despite his opposition to the project from the beginning, he is not ashamed of his decision to support the agreement. Faced with the reality of the situation, he noted his belief an agreement has been negotiated that will benefit the Town and hoped those in opposition would respect the work that went into the agreement and the opinion of those who are not in opposition. The Public Hearing was opened at 9:30 p.m. with Clerk Wills reading the notice as advertised in the Sun Chronicle on March 8, 2000. Proposed Charter revisions are: · To amend the Home Rule Charter, Article 2 Town Meeting, Section 2-3 Time of Meeting, first paragraph to read: "The Annual Meeting of the Town of Mansfield for the transaction of business relating to the prudential affairs for the Town, shall be held on the second Tuesday in April and end on or before the first day of June. The Annual Town Meeting for the election of Town officers Minutes of March 15, 2000 4 shall be held on the second Tuesday in May. Time and place for the Annual Town Meeting shall be designated by the Board of Selectmen in accordance with the General Laws." The amendment is being proposed to enable budget information to be fully available for Town Meeting. To amend the Home Rule Charter, Article 3 Elected Officials, Section 3-4 School Committee, Paragraph 3 to read: "The school committee shall be the chief policy- making body for the School Department and shall appoint Superintendent of Schools to be its chief executive officer. The committee shall annually appoint two of its members to serve on the Capital Improvements Program Committee. The school committee shall exercise all the powers and duties of the school committees under the General Laws." The amendment allows two School Committee members to serve on the Capital Improvements Program Committee. To amend the Home Rule Charter, Article 5 Appointed Town Officials, Section 5-3 Planning Board, first paragraph to read: "There shall be a Planning Board composed of seven members and appointed for terms of three years each, so arranged that the terms of as nearly equal a number as possible expire each year." The amendment reduces the Planning Board term of appointment from five years to three years to make the term consistent with other board and committee terms. To amend the Home Rule Charter, Article 5 Appointed Town Officials, Section 5-13 Finance Committee, second paragraph to read: "The finance committee shall annually report to the voters on the proposed annual budget and all financial articles in any town meeting and shall annually appoint two of its members to serve on the Capital Improvements Program Committee. The finance committee shall exercise all the powers and duties of finance committees under the General Laws." The amendment would transfer responsibility for Reserve Fund Transfers to the Selectmen. To amend the Home Rule Charter, Article 8 Fiscal Procedures, Section 8-2 Submission of Budget and Budget Message to read as follows: "The Town Manager, no later than the first Monday in February of each year, shall submit to the Board of Selectmen and Finance Committee a proposed budget and a proposed capital improvement program for the ensuing fiscal year with an accompanying budget message and supporting documents." This amendment presents a more realistic timeframe for the preparation of the budget. To amend the Home Rule Charter, Article 8 Fiscal Procedures, Section 8-4 Capital Improvements Program first paragraph to read as follows: "Not later than the first Monday in February of each year, the town manager shall submit a capital improvement program to the board of selectmen and finance committee. The Minutes of March 15, 2000 5 capital improvement program, prepared by Capital Improvement Program Committee, shall include..." This is another amendment to make the timeframe more realistic. To amend the Home Rule Charter Article 8 Fiscal Procedures by adding the following section to read: "Section 8-5 Budgetary Transfers Upon the request of the Town Manager, the Board of Selectmen may authorize expenditures and transfers from the balance of any reserve fund which may be appropriated by the Town Meeting. Prior to consideration of any such transfer or expenditure, the Board of Selectmen shall seek an advisory opinion from the Finance Committee on the advisability of such an expenditure of transfer." This article gives the Board of Selectmen responsIbility for Reserve Fund transfers and advisory authority to the Finance Committee. To amend Home Rule Charter, Article 5 Appointed Officials by adding the following section to read: "The animal welfare committee shall be responsible for the operation and administration of the Mansfield Animal Shelter, shall make regulations and hear all complaints relating to the care, maintenance and effect of any animal housed and/or kept on private or public lands within the town excluding issues of zoning. Th committee shall exercise any powers or duties granted by bylaw." There were no questions or comments on any of the proposed amendments and the Public Hearing was closed at 9:45 p.m. The Town Manager noted this is Chairwoman Royle's last meeting and the pleasure he's had working with her through difficult issues. Selectmen individually thanked Mrs. Royle for her twenty years of dedicated public service and spoke of memorable events throughout their association with her. Selectman Robinson read a memorandum to Mrs. Royle from the Recreation Commission thanking her for public service, and he presented a plaque to her on behalf of the Selectmen. Joanne Rys of 16 Park Street also publicly thanked Mrs. Royle for her friendship and public service, noting their years together on the School Committee. Chairwoman Royle noted she appreciates their comments, is glad to end her term on a high note, and the rewards have been greater than the disappointments. Minutes of March 15,2000 6 Adjournment Motion: To adjourn at 10:05 p.m. (Amoruso-Robinson) All in favor. Passes . . . ~. i j' :~. J'~ ,j I' /, . 'l'~ '·I/fI./ \..' , lilt" , ,.' ~. I / Clerks SIgnature Minutes of March 15, 2000 ~-7.:l-0 D Date of Approval 7 STATEMENT REGARDING GREAT WAVES WATER PARK LITIGATION By Dianne Royle, Chairperson on the Mansfield Board of Selectmen March 15, 2000 The Mansfield Board of Selectmen by unanimous vote have reached a tentative settlement of their pending lawsuit against the developers of the Great Waves Project. In August 1999, the Selectmen filed a suit in Bristol Superior Court to compel Great Waves to fully address a variety of potential impacts that the project could have on the Town. The Selectmen retained the services of independent engineering consultants and traffic consultants to scrutinize and evaluate the information that Great Waves had furnished to the Secretary of Environmental Affairs in connection with the MEPA process. The Town also retained the services of special environmental counsel and special zoning counsel to advise the Selectmen on the law applicable to the project. After carefully considering the advice of town counsel and special counsel, the Selectmen concluded it was unlikely that the Town could prevent the project from going forward. Furthermore, the Secretary of Environmental Affairs recently concluded that the 1 environmental impacts alleged in the Town's MEP A lawsuit do not warrant the preparation of a new Environmental Impact Report. At the Selectmen's request, the Town Manager and Town Counsel, with the assistance of other town staff, participated in extensive discussions with the proponents of the project. As discussions continued, members of the Board forcefully expressed the concerns of their constituents about the project. Through the negotiation process, Great Waves adequately addressed a wide variety of environmental impacts. Furthermore, Great Waves agreed to provide the Town with a valuable and unprecedented financial benefits package. Although each the Selectmen has viewed the process from a different perspective, we all agree that this settlement is in the best interests of the Town. The main points of the settlement are as follows: 1. If the water park opens, Great Waves shall make a settlement payment to the Town in the amount of $2,800,000.00 payable in annual installments over twenty years. The settlement payments will be in addition to municipal taxes and customary regulatory fees and charges. 2. Great Waves shall limit use of municipal water on the site to 40,000 gallons per day during the operating season. Municipal water shall not be used to fill or refill pools or attractions at the water park. 3. Great Waves shall construct two bedrock wells on the site. Independent engineering consultants retained by the Town determined that the bedrock wells will have no adverse impact on the Town's municipal water supply. 4. Great Waves shall execute and record a perpetual conservation restriction expressly for the benefit of the Town acting through its Conservation Commission. The restriction will preserve 30 acres of land as open space. 2 5. Great Waves shall sell discount all day admission tickets to Mansfield residents for one- third the cost of a regular admission to the water park. The projected admission fee is $30. A Mansfield resident and his or her guests will be able to purchase all day admission tickets for $10 each. Admissions after 2:30 P.M. will be $5 for Mansfield residents and their guests. 6. Great Waves shall contribute $25,000.00 to the inflow and infiltration program for the Mansfield municipal sewer system. 7. Great Waves shall give Mansfield youth a priority in hiring for 150 seasonal jobs. 8. Great Waves shall operate only between Memorial Day and Labor Day each year. It shall not operate at night. 9. Great Waves shall employ a daily police detail from noon to half-hour after closing to facilitate traffic flow. 10. Great Waves shall execute and record a restrictive covenant expressly for the benefit of the Town, which shall compel the water park to close early on days of Tweeter Center events. 11. The Town shall dismiss its MEP A litigation and covenant not to appeal the Building Inspector's decision with respect to use of the site as a water park. 3 Board of Selectmen Minutes of March 14, 2000 Present: Chairwoman Royle, Clerk Wills, Selectmen Amoruso, McCarter and Robinson. Town Manager D'Agostino The meeting was called to order at 7:30 p.m. The Selectmen reviewed the Town Manager's evaluation dated February 16, 2000 with him. Over-all, the Town Manager was given an "above average" evaluation. Motion: To give a 5'0 increase for the first six months and an additional 1'0 for the six months. (Robinson-Amoruso) All in favor. Passes Motion: To renew the Town Manager's contract for three years, subject to negotiation of terms, conditions and compensation. (McCarter-Wills) All in favor. Passes Selectman McCarter left the meeting at this point. Motion: To go into Executive Session to discuss security deployment and collective bargaining issues and return to open session for the sole purpose of adjourning the open session. (Amoruso-Robinson) Roll Call Vote: Selectman Robinson - aye; Clerk Wills - aye; Selectman Amoruso - aye; Chairwoman Royle - aye The meeting reconvened in Open Session to adjourn at 10:25 p.m. ., (~~~:te: L::{ {,V; ~-L-'1--.-C J Date of Approval