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HomeMy WebLinkAboutBOS EXEC MINUTES 19831953 EXECUTIVE SESSION MINUTES n !�t_CF iVEO rl BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION 92 FEB 26 F11 3 *Ia! FEBRUARY 23, 1983 StTTS PRESENT: Chairman Levine; Selectmen Dunn, Wills, Parsons, McNair; Town Manager. The Executive Session was called to discuss the status of the interview pro- cess for Public Works Director and Planning Director; also Walter Bogdanchik's property (see attached Confidential Memorandums). MINUTES APPROVED: Clerk Date signed TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 TOWN MANAGER'S OFFICE CONFIDENTIAL MEMORANDUM TO: Board of Set FROM: W. Chadwick Maure k/ RE: Status of the Int view Planning Director DATE: February 23, 1983 , i- Town Manager for Public Works Director and On January 21, 1983 we closed the acceptance of applications for the positions of Public Works Director and Planning Director. The Public Works Director applications were reviewed and all applicants who met the minimum requirement of having a professional engineering license were interviewed. The Planning Director applications were forwarded to the Planning Board. The Board reviewed these applications and on February 17 forwarded to the Town Manager a list of seven (7) applicants for interview. A. Public Works Director A total of seven (7) applicants were interviewed for this position between January 31 and February 18. The interviews consisted of a one hour interview with the Town Manager on one day, and a follow - up interview with the supervisors of Water and Sewer Divisions and the Highway Division foreman on another day. Five candidates under- went the complete interview process. We have now narrowed the field to three (3), and on Friday, March 4, will conduct the final interviews in accordance with the following procedures: All candidates have received a copy of the current Town Budget which includes Public Works. 2. All candidates have been requested to review the office operating procedures with the office manager. 3. The interviews will be conducted in the following fashion. Representatives from Camp Dresser McKee and Whitman & Howard and the Town Manager will comprise the formal interview panel. The interview will take one hour, and prepared questions will be asked of each candidate to test their knowledge of the various functional areas of public works as well as their ability to respond to questions in a public setting. In this regard, the Board of Selectmen are invited to participate in the interview process. Board of Selectmen February 23, 1983 Page Two Attached are the Please note that at this time. B. Planning Director resumes of the three final candidates. their names are not public information I will begin the interview process for the Planning Director position on March 4 and avncrf r, ti,,..,, ..k- a:— ___ pleted by Ma It should be noted th 1983. WCM:mc TOWN OF MANSFIELD, MASSACHUSETTS TOWN MANAGER'S OFFICE February 23, 1983 MEMORANDUM To: Board of Sel From: Town Manager, Re: Walter BogdanchW's 50 West Street, Mansfield, MA 02048 - CONFIDENTIAL - k Maurer, Jr. Whitman & Howard has located a potential source of water of approximately 1 million gallons per day on the Walter Bogdanchik property off West Street. This would be developed in two well fields on a site of approximately 40.5 acres. The current appraised value of this property is $46,000. The policy of the Board is that when we locate a source of water that we not go forward with a prolonged test until we have negotiated a firm price with the owner. Previous practice was to receive State approval of a well field and acquire the land through eminent domain proceedings. In keeping with the Board's policy, I have met with Mr. Bogdanchik on two separate occasions. On the first meeting, he outlined to me that he wanted the town to pay for the construction of a roadway into the site which would give him three additional lots to which he presently owns. In addition, he estimates that the land that the town wants to buy has the potential for 38 separate house lots. He feels that the current value of house lots is $25,000 a lot, and based on that, the value of his property would be $950,000. This $950,000 does not include any discounting for an allowance to construct the roads to service that property. The $950,000 is, therefore, an unreasonable figure. We have reviewed the Assessors' records on recent transfers for property for residential development and this shows that the estimate for back land in an unapproved development is $5,357 per acre and, for an approved but not con- structed development is $8,928 per acre. If you apply the first figure to the Bogdanchik acreage, the value would be $216,958. RIM Engineering has estimated that the cost of constructing a 525' road would be $88,862. This estimate excludes any improvements that the town would be making in the roadway as a result of well construction. Mr. Bogdanchik has requested that we calculate the value in terms of the value of the land in terms of the value of the water supply. Recent court decisions which have based the value of the land on the amount of water are as follows: Board of Selectmen -2- Confidential February 23, 1983 Hudson - 1 MGD well - $263,000. In this case, the town originally acquired the property for $23,000. The defendent claimed $315,000 and the court awarded $263,000. The site was 18 acres. Sandwich - $500,000 per million gallons. This involved the development of three wells on a site of 41.5 acres for a combined safe yield of 3 MGD. The water district originally acquired the property under eminent domain for $92,000. The defendent claimed a value of $1.2 million. A first trial awarded the defendent $850,000 which was appealed by the water district. The second trial awarded the defendent $1.5 million. The water district has appealed it. Barnstable - $430,000 per million gallons. This involves a 303 acre site which has a yield of 1 MGD. The water district originally took the property by eminent domain for $350,000. The defendent claimed a value of $1.35 million and the court awarded $430,000. This award is under appeal. Based on these three recent cases, an average value for a million gallons of water is $397,000. In 1974 the town acquired the Witch Pond well for $52,500. A subsequent court award required that the town pay an additional $17,500 \ plus allow the owner of the property the right to remove 215,000 cubic yards of material. The Dustin Well was purchased in 1975 at a cost of $77,000. These two wells yield 1 MGD each. The property for the Mill Street well was acquired through eminent domain for $44,000. Based on the above, it is my recommendation that prior to proceeding with the negotiations with Mr. Bogdanchik, that the town formally have his property appraised using two alternatives. 1. The value of the land as it presently exists. 2. The value of the land related to the resource that the town will receive. After these appraisals are received, then the determination can be made by the town whether or not they want to proceed with an eminent domain taking. WCM:jc BOARD OF SELECTMEN I;ECcIVED MINUTES OF THE MEETING - EXECUTIVE SESSION i 01!-' E JUNE 1, 1983 92 FEB 26 PH 3* 4 1 PRESENT: Selectmen Dunn, Wills, McNair and D'Onofrio�}J,gs�n` -MCgh er Maurer. Selectman Levine absent. vw1\CJSr;_1STiS Present from the Conservation Commission were Dianne Royle, Chairman; Stuart Sweet; Doris Webb; Keith Johnson; and Anthony Durbano. Town Counsel John Dwyer was also present. The status of Leon Grant's Pond was reviewed by those present. In discussing the matter it was stated that the DEQE has notified Mr. Grant that he is in violation of the Wetlands Protection Act. On November 25, 1981, the Conservation Commission issued him an exten- sion to restore the 50 ft. setback requirement and to date no work has been done. Jurisdiction over the matter was discussed. Although an Agricultural exemption was granted, it was the opinion of Town Counsel that the Building Inspector could enforce the order of conditions and the DEQE has jurisdiction over violations of the Wetlands Protection Act. Mrs. Royle advised the Board that she had been told by Peter O'Brien that there is a suit pending. * MOTION: To have Town Counsel put together a complaint for review at the next meeting. Wills /D'Onofrio VOTED: 4 -0 Town Counsel advised the Board that a temporary restraining order has been issued on the Michael - Angela case and the Court will decide Monday whether the injunction will remain in force.. * MOTION: To go out of Executive Session. D'Onofrio /McNair. VOTED: 4 -0.. MINUTES APPROVED: a / Z92 Date signed RECEIVED BOARD OF SELECTMEN MINUTES OF THE MEETING - EXECUTIVE SESSION 92 FES 25 Pit 3: 4 July 6, 1983 H Al N S' C ASSAC HUSET I S PRESENT: Selectmen Dunn, Wills, D'Onofrio; Town Manager Maurer; Board Secretary Present from the Conservation Commission were Dianne Royle, Chairman; Doris Webb. * MOTION: To go into Executive Session to discuss possible litigation on the Nelson /Shepherd Pond. Dunn /Wills VOTED: 3 -0 The discussion centered on the possibility for an ajudicatory hearing, which would require testimony and an attorney and an expense the Commission cannot afford. They have located a Geologist who would make a report, at a cost of $300.00, which it was hoped would offer a compromise to resolve the issue before an ajudicatory hearing be- came necessary. Other possibilities were explored and the decision of the Board, based on a previous discussion with the Building In- spector, was to let Nelson /Shepherd go to the Inspector who would turn them down; they could then go before the ZBA; following that, if necessary, would be an injunction. *MOTION: To go out of Executive Session. Dunn /Wills VOTED: 3 -0 MINUTES APPROVED: Clerk '2 lf�� Date BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION OCTOBER 26, 1983 Town Manager presented the Board with facts sible water resource sites. One is the Ash ing vote to acquire, requiring only that the owner is not willing to sell, but proposed a the property, approved, and yielding 600,000 Town Manager said the Town may never need to RECEIVED 92 FEB 25 Pik 3: 41 !,Af ) s- i concerning ,V � pd as pos- property, w T6p [U hfs mown Meet - Town acquire an access to it. The 99 -year lease. There is a well on GPD, and a water main in the street. use it, but it is there and ready. The second property is owned by Walter Bogdanchik; a well has been located. It is a gravel pack well; a well field would have to be put in. Two well fields on this property could produce 800,000 - 1,000,000 GPD. The property was originally considered for a subdivision at a price of $962,000. An appraisal for the Town set a figure (based on mineral rights) of $350,000. Mr. Bogdanchik would want to retain four lots, with the Town putting in the road. Chairman Dunn expressed a concern for the Town going to the cost of installing roads, for Mr. Bogdanchik to benefit; possibly a consideration could be made to thus reduce the price for the property. It was decided that there was no harm in going ahead with the investigation, but no definite decision would be made at this time, and without a full Board present. MINUTES APPROVED: Clerk Date signed BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION DECEMBER 7, 1983 RECEI` F0 OF HIA�',!SFIELD 92 FEB 26 PH 3: 41 PRESENT: Chairman Dunn, Selectmen Wills, D'Onofrio, McRa"ilr;5�el'e aNfLvine arrived at 7:10 P.M.; Conservation Commission Chairman Dianne Royle, Donald Bonvie and Anthony Durbano; Town Counsel. * MOTION: To go into Executive Session for the purpose of discussing Grant's Pond litigation. Wills /D'Onofrio VOTED: 4 -0 Dianne Royle outlined the situation to date wherein Leon Grant has been given extensions of time twice, the last one by Bert Cook, Building Inspector. Tony Durbano made an inspection after that period of time expired and the work was still not complete. By September 30, 1983 Leon Grant should have submitted an as- built, but has not yet. One end of the pond is supposed to be sloped, it is not; it is still under water. They said Leon Grant only complied with the Army Corps of Engineers specifications. They feel the banks need to be built up, as a control device. The bottom line is - he hasn't done anything even given extension of time. Counsel Dwyer advised there are two basic things Leon Grant has not complied with: 50' setbacks and slopes, and not having submitted the as- built plan as requested by the Building Inspector, to show that the work has been completed. He feels if a suit is filed, it should be by the Building Inspector as Zoning official. Dianne Royle questioned whether Leon Grant hadn't been exempted from zoning; Town Counsel said that does not exempt him from setback requirements; he was not required to comply with original conditions. Question was raised as to cost if the Conservation Commission is also a Plain- tiff; it would be an additional $50.00. Town Counsel estimated the suit would probably cost between $400 and $500, depending upon whether Leon Grant fights it. * MOTION: To approve institution of action against Leon Grant for completion of the pond according to the Order of Conditions of the Conservation Commission and orders of the Building Inspector. Wills /D'Onofrio VOTED: 5 -0 MOTION: To go out of Executive Session at 7 :24 P.M. Wills /Levine VOTED: 5 -0 MINUTES APPROVED: Clerk Date signed