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HomeMy WebLinkAboutmin brd of selectmen 05/30/01 Present: RECEWED TOW!'\ r.\ÇR\~S OFF\C£ Board of Selectmen 8" 21 Minutes of 0 \ JUN -1 M1 . May 30, 2001 '.1JÜ4SflE.LO MASSACHUSETTS Chairman Louis P. Amoruso, Chairman; Mictlael W. McCue, Clerk; Vice Chairman Bradford E. Wills; and Selectmen David W. McCarter and Daniel Donovan. Town Manager John D'Agostino r The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 49 in the amount of $712,047.89 Motion: To approve and sign (Wills-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Minutes of May 23, 2001 Motion: To approve and sign (Donovan-McCue) 3-0-2 with Selectmen McCarter and Wills abstaining · Local Official Bonds to be signed for Richard Boucher as Treasurer and as Collector in the amount of $200,000. each Motion: To approve and sign (Donovan-McCarter) 5-0 Passes · Hackney license application of Yuri Johnson Motion: To deny based on his record (McCarter-Wills) 5-0 Passes · Memorandum from Ptlm. Lance Lawson in response to a resident request for r stop signs at Wexford Drive and Cavan Crossing Board of Selectmen Minutes of May 30,2001 1 r Send letter to Robert Flynn at 32 Wexford Drive with Ptlm. Larson's recommendation and noting the Board has not taken any further action. · Memorandum from Town Engineer John Sullivan providing a status update of engineering projects · Letter from Thomas A. Fuller suggesting a curfew be imposed on ice cream vendors The Town Manager noted the only way this could be controlled is through a by- law noise ordinance. Chairman Amoruso suggested checking with the State to see if there are any restraints imposed by them on this type of license. · Letter from Brian J. Leahy, Development Consultant from Trammel Crow Company for the Erin Centre project regarding the Planning Board's Special Permit Hearing Discussion was held as the appointing authority with it being noted the individuals involved have not petitioned the Selectmen for such a release and therefore cannot act. · Request from Robert Sugrue to hold a block party Saturday, June 9th, from r 4:00 p.m. to 12:00 a.m. on Smith Road - approved by Police Chief with proper signage Motion: To approve subject to the requirements of the Police and Fire Departments (Donovan-Wills) 5-0 Passes Town Counsel Robert Mangiaratti was present to update the Selectmen on the status of the Norton Estates legal case. He reviewed his letter of May 2nd to the Board outlining what the case is about. The suit was filed by Norton Estates Cooperative Corporation in 1994 seeking to establish ownership by Norton Estates in 4 t acres of land shown as three separate parcels on the Assessors Map. They are three landlocked pieces of land off South Main Street connected to the land on which the Norton Estates mobile home park operates. Mr. Mangiaratti reviewed the history of ownership of the land, detailing various r conveyances and tax takings. The various uses of the land in question were also detailed. The current use of the locus is now a dumping site for grass clippings and Board of Selectmen Minutes of May 30,2001 2 r brush that is cut on the property, using the pit created on the locus by a previous gravel removal operation. He spoke of adverse possession issues as they relate to municipalities and outlined the steps that have been taken leading up to the present time. The Town was not able to develop any contradictory evidence to the claim of adverse possession made by Norton Estates. Norton Estaes also had "color of title" because they had deeds that included portions of the land. The conclusion of the Selectmen over time was to reach a settlement. An offer of $20,000 was rejected by Norton Estates. As the case got closer to trial, the plaintiff reversed their decision and offered to accept the $20,000. A stipulation was drafted to be filed with the Registry of Deeds to cure the title defect. The stipulation has been filed by Attorney Funke on behalf of his client. The Court will enter a judgment that will clear the title. Any attempt to reverse the decision, if the Board so desires to do so, will put the Town at a procedural disadvantage. George Dentino of Gladiola Terrace discussed points of disagreement he has with the action and procedures taken. Specifically: · number 11 of Mr. Mangiaratti's letter - gravel removal operation. It was Lot 7 and not Lot 9. · Number 12 - stating it was from 1970 to 1982. The gravel was removed over r that period of time on a continuous basis as gravel was needed for grading. Mr. Enos' deposition notes he was going to go to the Town of Mansfield to get a gravel removal permit. Taxes were paid on some of the parcels contained within the locus during that period of time. There was, however, confusion as to the numbers assigned to the lots because they were old wood lots. Mr. Dentino noted he cannot find a record of the taxes being paid continuously from 1976 on. · Larry Enos' claim in the deposition regarding his continuous use of the land - Mr. Dentino claimed the use was not continuous and was broken for a number of years. · The right of redemption exercised - Attorney Mangiaratti noted "low value takings" are different. · Political subdivision of the Commonwealth - the parcel is landlocked, which he said indicated the Town clearly intended it be used for open space and therefore exempt from adverse possession · "Continuous and exclusive use" needed for twenty years - the chain was clearly broken and there should have been no valid claim for adverse possession. Attorney Mangiaratti disagreed with Mr. Dentino's statement, noting the land was used. · In 1992 the assessors were notified by the owners when they came down to pay r the taxes on the property. Board of Selectmen Minutes of May 30, 2001 3 r Motion: To delay action on the matter for one week until the questions raised can be resolved (Donovan-Wills) Attorney Mangiaratti discussed procedural issues and reviewed the actions he's taken based on the vote and the direction given by the Selectmen. Selectman Wills asked if the process can be stopped at this point. Attorney Mangiaratti noted he has to go to Court on the matter on June 19th. If the Board were to vote to rescind the agreement, he would report to the Court whatever the Board's reasons might be and request to withdraw the stipulation. He noted uncertainty regarding the Court's response to the request. The escrow agent for the closing in 1994 is holding the $20,000. No money has been exchanged at this point. Mr. Dentino stated Mr. Turinese had an appraisal of $24,000 several years ago. He noted it's a valuable piece of land because there's a three-way land swap being proposed between Enos, Norton Estates and the Tweeter Center. The parcel is needed by the Tweeter Center for additional parking and is far more valuable than $20,000 to them. Attorney Mangiaratti will contact Attorney Funke to arrange for a site visit and will leave a copy of the transcript of the deposition for the Board's review. Vote: 4-1 with Chairman Amoruso opposed Passes r DPW Director Lee Azinheira and Highway Operations Manager Mark Cook presented an update on the road improvements and paving planned for FY 2002. Since their previous memorandum of April 11th we have received notification of additional Chapter 90 funding. Mr. Azinheira reviewed the updated list of streets and the work that is being proposed on each. Selectman Donovan suggested the work proposed on Reservoir Street should be coordinated with Norton. Mr. Azinheira will contact Norton to see what they are proposing to do. Selectman McCarter suggested residents of the roads proposed to be reconstructed be sent letters notifying them of our intentions in order that they can put in any laterals, or complete any other work that would require cutting the pavement, prior to the reconstruction. A more detailed plan will be presented when funding is finalized. Those included in the list presented are only those to be done using Chapter 90 funds. Mr. Azinheira also updated the Board on the status of the Branch Street reconstruction project. r Board of Selectmen Minutes of May 30, 2001 4 r The Cable Access Board of Directors was scheduled to discuss their concerns about AT&T Broadband's cable service to the community. Since not all members were able to be present, William Gerber of the Cable Access Board of Directors suggested the discussion be postponed until a later date. Chairman Amoruso advised him that Frank Foss, Manager of Government of Affairs for AT&T Broadband, would be at the Selectmen's meeting of June 6th. ,-- Mr. Gerber noted speaking with George Bezreh regarding his application for appointment to the Cable Access Board of Directors. During the discussion it became apparent that Mr. Bezreh's intent was to apply for appointment to the Ad Hoc Committee to Review the Cable License. Mr. Bezreh, who was present at the meeting, stated his belief that there needs to be more competition on cable rates and better programming. It was noted during discussion that some towns in the area are considering offering cable. There has also been some discussion with our Electric Department of exploring such an option. Motion: To appoint George Bezreh of 503 Fruit Street to the Ad Hoc Committee to Review the Cable License. (Wills-Donovan) 5-0 Passes John Riley of Toyota was present to discuss their license request. Based on Town Counsel's opinion and his discussions with Town Manager D'Agostino, he requested that Toyota's application be withdrawn. Town Manager D'Agostino reported on the following: . Has written a letter to the Judge Rotenburg Center inquiring about their planned opening date and the establishment of a neighborhood committee. · The MBT A painting of the Route 106 underpass bridge has been delayed and he will send them another letter. r . Is scheduled to meet with Frank Gay of GA TRA on Friday evening to discuss the objections raised by Amtrak and the MBT A regarding the construction of the platform at the proposed new Train Station. It is a union issue that involves Board of Selectmen Minutes of May 30,2001 5 r Amtrak and the MBT A. If within the next couple of weeks the issues cannot be successfully adjudicated, he suggested getting our representatives and senators involved in the discussions. · The Annual Senior Citizens Safety Luncheon, sponsored by the Light Department at the Senior Center, is scheduled for Friday, June 22nd at 11:00 a.m. · We are scheduled to meet on June 19th in the morning with the Light Department and the large business electric users to provide information on the work taking place at the Gilbert Street substation and measures we've taken to improve reliability of the overall system. The Board is invited to participate as Light Commissioners. Selectman Wills noted that Jack Beliveau was elected to the MM WEC Board of Directors. · There is a meeting scheduled with Betty Poirier and the Chairman of the House Transportation Committee to visit the Route 106 underpass on June 7th at 10:00 a.m. to impress upon them the need for funding this project separate from the Route 106 project. r · We are planning to host a grant training seminar for Community Development Block Grant funding for low and moderate housing rehabilitation. He also attended and provided the opening remarks at a recent housing seminar. We will be applying for a $600,000 grant. · Plans to attend the Massachusetts Municipal Managers Seminar Thursday and Friday of this week to be held on the Cape. · Reviewed two letters written by the Town of Foxborough in which Mansfield is targeted with the use of disparaging comments regarding our permit from the Water Resource Commission. We are working on a rebate program for water conserving low flow toilets, in addition to other water conservation measures. He has asked staff to prepare a response letter to these comments, which is before the Board tonight for their review. Selectman McCarter suggested stating "we all sat down and agreed there was a hydrologic separation. /I Town Manager D'Agostino asked for the Board's authorization for him and the Selectmen Chairman to sign the letter, which must go out tomorrow. Motion: To authorize John D'Agostino and Louis Amoruso to sign the letter (McCarter-Wills) 4-0-1 with Clerk McCue abstaining r Chairman Amoruso offered, if it's the Board's wish, to speak directly to the Foxboro Water Commissioners chairman, advising them we are not Board of Selectmen Minutes of May 30,2001 6 r interested in assuming an adversarial position in this matter, but if we are forced into it to remind them that we are also Sewer Commissioners and have capacity issues before us that impact them. · We are scheduled to go before the Water Resource Commission Thursday, June 14th at noon. He asked Selectmen who are able to be in attendance. Selectman McCarter: · Asked about the plans for the dirt pile on East Street. We will start using it for grading the fields. Midget Football will be using Memorial Park. · Asked if there will be any changes in the water restriction policy. We'll be getting weekly reports on the amount of water pumped r Clerk McCue: · Provided members with a draft of the survey he put together regarding Saturday Town Meeting. Chairman Amoruso suggested putting directions on the survey form as to how to get the completed surveys back to us. Selectman Donovan asked about the children's activities. Selectman WIlls suggested asking if there is interest in a catered lunch. · Asked when the last time was that we spoke to the owner of the lot next to the Fire Station on North Main Street. Town Manager D'Agostino noted it was about six months ago, but he would be wJ1/ing to contact them again. It was pointed out that there is contamination on the site. Selectman Donovan: · Asked if we ever received the Skanco settlement check. Town Manager D'Agostino replied he believes we have, but wJ1/ check on it. Chairman Amoruso: · Asked if there were additional comments to be made regarding the strategic planning committee for future field needs. Town Manager D'Agostino noted his desire to approach the subject in a comprehensive manner, stating the seniors are looking for a bocce court and the youth keep asking for a skateboard park. This will be scheduled as an agenda item at a later date. r Board of Selectmen Minutes of May 30, 2001 7 r Selectman Wills: · Noted receipt of a letter from White and Kelly regarding the cleanup of the Clemmey property. He suggested waiting to take action on the cleanup order. Motion: To proceed and have Mr. Ditchman clean up the property through an abatement by the Building Inspector (Donovan-no second) Chairman Amoruso wJ1/ check with Bob Mangiaratti to see if there's another way we can accomplish it. Motion: To adjourn at 11:00 p.m. (McCarter-Wills) 5-0 Passes ,-- ~øt c.:.,.....-- Signature of Clerk fo ,JIJN 0/ Date of Approval ,-.. , Board of Selectmen Minutes of May 30,2001 8