HomeMy WebLinkAboutBOSS EXEC MINUTES 19881988 EXECUTIVE SESSION MINUETS
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
i January 13, 1988
14
,S , St,
PRESENT: Chairman Harrington; Selectmen D'Onofrio, Mc�taiay`�i(gn; 3` Town Manager
UsSr /S
Land Acquisition - Selectman Dunn reported that in answer to the Board's last
offer to Mrs. Ash for their property, Talbot Tweedy (Atty.) had discussed it
with Joe Campo (Town Engineer) and that Mrs. Ash wants 2i million. Selectman
Dunn suggested offering 1.875, but request a better guarantee. The Whitman and
Howard study of the land was discussed (it was felt to have been done approxi-
mately seven years ago), but a copy is not available in Town Hall. Selectman
D'Onofrio suggested offering an odd figure; the decision was to use 1.874; they
felt the Ashes should be advised the Town is acting in good faith offering 1.2
million plus additional for water.
Bird Road - The Town Manager had prepared a Memorandum covering a Proposed Bird
Road Agreement (see attached). A water connection will be made to Maple Street
only, not Winter Street, for reasons of pressure sufficiency. Abutters may con-
nect at their expense; Tom said it is a good deal for theTown and Bird Road
developers.
Selectman Dunn said he had reviewed Attorney Gellerman's suggested contract and
had a few questions. He said Town Meeting has to accept this road and generally
there is a process such a road development has to go through with the Planning
Board. He felt there should be the "preliminary process, hearing, etc. ", then
a definitive plan. He said he wants to see a preliminary plan prior to signing
an agreement. He went on to say sidewalks and right -of -ways are variations to
existing regulations. He feels it is apparent that the abutters are the devel-
opers, which concerned him. The Town Manager suggested asking the developers to
secure a sign -off form on property owners along the road. Selectman Dunn said
a public hearing requires a preliminary plan which everyone can come look at,
ask questions about, etc.; he asked about the covenant and /or bond. He said he
feels something could have been done in court even though the Form As had been
obtained. He said he wants the Town to be assured that everything is done right.
It was decided that Selectman Dunn would meet with the Town Manager and the Plan-
ning Director the next day.
DPW Negotiations - The Town Manager said he is meeting with the attorney and
DPW and would like the Board's input. He was told 6 % /yr. Tom said he would
like to see a three -year contract and would like to encourage educational bene-
fits. The Board agreed. Tom said his concerns are: Vagueness as to what con-
stitutes a vacancy; he would like guidance on use of various DPW employees for
snow plowing; also limiting union representation on grievance matters. It was
stated that sub- contracting is a restrictive issue.
Firefighters - They are disappointed that the Board will not meet further with
them. Chairman Harrington said he would like them to know why the Board says
{ "No" - it is futile discussing figures with their demands.
Police - The Town Manager advised that the Police want to start without attorneys.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
JANUARY 13, 1988
PAGE 2
MINUTES APPROVED:
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l'2
Date signed
MEMORANDUM
TOWN OF MANSFIELD, 'MASSACHUSETTS
50 West Street, Mansfield, MA 02048
C Q N F I D E N T I A L
TO: Board of Selectmen
FROM: Thomas E. Dwyer, Town Manager//
DATE: January 13, 1988
SUBJECT: Proposed Bird Road Agreement
Summary of Salient Features
Draft Agreement Between the Town of Mansfield
and Bird Road Abutters
1.) Construction of Bird Road at Abutters expense from the
Sharon - Mansfield border to Maple Street on the following
basis:
a) 271 traveled way with proper sub -base and surface
course;
b) adequate drainage -- type to be determined later
after review of plans submitted to the Town;'
c) sidewalks may be optional or vary in width;
d) 8" water main with hydrants (hydrants supplied by
Town);
e) fire alarm boxes installed;
f) lighting as determined appropriate by Mansfield
Light Department at Light Department's expense;
2.) Water connection only to Maple Street line (not Winter
Street) for reasons of pressure sufficiency).
Board of Selectmen - 2 - January 13, 1988
NOTE: Town will not be obligated to installation
costs or timetable for a 1,500' connection to
the Maple Street line, even though.funds for
that work may be available in Fiscal Year
1988 -89.
3.) Four (4) lots released for building purposes to help finance
the road construction; house occupancy for those lots will
be dependent on completion of the road to the Town's satis-
faction or the Building Inspector's determination of safe
and adequate vehicular access to the lots.
a) The Town retains the covenant oft- the remaining
land as surety for the work until the project is
complete.
4.) Conservation Commission review, if warranted, must be under-
taken.
5.) John Carroll's lot near the Town line may continue to be
developed.
6.) The Town grants necessary temporary construction easements
to the Abutters and the.Abutters grant to the Town any
required utility easements.
7.) Abutters provide appropriate insurance certificates; agree-
ment contains "hold harmless" language in favor of the Town.
8.) Town retains inspection rights during construction of the
road improvements.
TED:eo
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
FEBRUARY 10, 1988
i ^
PRESENT: Chairman Harrington; Selectmen Dunn and McNair; Tot�Gis ager
The Town Manager, Tom Dwyer, advised the Board that he had received a letter
from Harold Mendoza of Appraisal Consultants of New England offering three
option proposals for the ASH property:
1) As a single family dwelling plus excess acreage - $800
2) Establish a plan whereby a subdivision could be developed and priced
to reflect its value - $1,900
3) Appraise for mineral rights with Mansfield's present data to support
their findings of water and its anticipated output - $2,500
Mr. Mendoza also suggested that if one report incorporating all three situa-
tions could be prepared the probable cost would range between $3,000 and $3,500.
The Town Manager said the money could come from the Appraisal Account in the
Assessors' budget, and the Town Engineer has the Whitman & Howard report on
the property. After brief discussion the consensus was that the full range
appraisal and price would be most practical.
Discussion then centered on what figure the Town Manager should use for the
Capital Improvement Committee program - funding vs. what is already available.
He was advised to use $2.2 million.
MINUTES APPROVED:
�{r•rz ,
Clerk
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
MARCH 2, 1988
PRESENT: Chairman Harrington; Selectmen Dunn, D'onofrio; Town Manager
1. DPW Contract - The Town Manager had earlier distributed information on this
contract negotiations, so there was no discussion as all Board members had
no problem with it.
* MOTION: To allow the Town Manager to go forward with the DPW contract nego-
tiations.
D'onofrio /Dunn VOTED: 3 -0
2. Land Acquisition - The Bird Road agreement has been transmitted to the devel-
opers attorney, by Atty. Gellerman.
The Ash property appraisal arrived about 3:00 P.M. this afternoon the Town
Manager advised with a figure of $1,060,000. The appraiser did not do the
mineral rights part because they did not have anough information.
Selectman Dunn said maybe taking by eminent domain now is the thing to con-
sider, now that the Board has a figure; he suggested offering them 1.5
million. The Town Manager advised going the court root; Selectman D'Onofrio
said he wanted to start going forward.
* MOTION: To go forward with eminent domain proceedings, pending additional
discussion with experts.
D'Onofrio /Dunn VOTED: 3 -0
The question was then raised, doesn't this require Town Meeting vote?
The Town Manager is to ask Town Counsel for recommendation of a top notch
attorney to handle the eminent domain taking.
3. Beaumont Pond /Paul Folkman - Selectman Dunn said he has heard nothing further
from Paul Folkman since he wrote him of the Board's considerations a few
months back. Discussion indicated the possibility of using Beaumont Pond as
a recharge source for Cate Springs. Selectman Dunn was to contact Paul
Folkman again.
4. Great Woods - Great Woods had submitted their list of prospective entertain-
ers for the upcoming season; this list is to be given to the Police Chief
for his security check. Selectman D'onofrio reported that he had talked to
Bruce Montgomery, General Manager of Great Woods, today.
Chairman Harrington advised that he had received a call from Sherman Wolf
who would like to show him their books; Chairman Harrington said he feels
they have financial problems and said he had an appointment with Sherman Wolf.
Selectman D'onofrio said they made the same offer to him last year and he
refused; the Board is only the licensing authority and is not conerned with
their financial side. The Chairman said he would cancel his appointment.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE
MARCH 2, 1988
PAGE 2
Touching on the
noise problems,
their thing.
SESSION
Board of Health's letter to Great Woods concerning the
the Board of Selectmen will let the Board of Health do
MINUTES APPROVED:
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
MARCH 30, 1988
PRESENT: Chairman Harrington; Selectmen Dunn and Markt; Town Manager; Town
Counsel
The Chairman had asked Town Counsel to meet with the Board to review all cases/
litigation he is handling.
Town vs. Franey - This was instituted on behalf of John Rhind, DPW Director.
The case concerns drainage of water from the newly constructed
Assembly of God church, across the street from Mr. Franey's
property, collecting on his property. Jack Dwyer said he se-
cured a temporary restraining order, the Judge then issued an
injunction, and Franey has done nothing since.
G. Kreimendahl vs. Town - A case wherein Mrs. Kreimendahl claims water damage to
land she owns along Rt. 140; damage caused during the
relocation of Rt. 140 project.
- Town Counsel said depositions have been taken and it is
scheduled for trial May 2nd.
MacDonald vs. Town - Mrs. McDonald was denied a variance by the Zoning Board of
Appeals; she wants to divide the land into two lots.
Building Inspector vs. Richard Staples - Dick Staples is running heavy equipment
from his property across Jewell Street. Town Counsel put a
restraining order on and Staples has not done it since.
Audet vs. Town - This has been an on -going case involving Pit Bulls; Jack Dwyer
called it a vexation claim against the Town; Audet claiming he
was denied his civil rights.
Shepherd & Nelson - Trial scheduled for May 17th.
Health Agent vs. Edward Troy - This is a situation where the septic system is
inadequate for the apartment house. Trial, under criminal
action, April 25th.
ABC Realty vs. Conservation Commission - This involves Al Turinese; Jack Dwyer
said he tried to negotiate, but Al said 'No'.
Health Agent vs. J.P. Smith - Involves debris pile up. Jack Dwyer said a re-
straining order was issued; Smith signed an agreement that he
would remove all the debris by Spring.
Malcolm Post & partner vs. Board of Health & the State - Jack said he will bring
a motion to dismiss due to adverse findings.
Great Woods, Inc. vs. Zoning Board of Appeals - This concerns paving of their
parking lot. Jack Dwyer met with the ZBA last night and there
will be another meeting next week.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
MARCH 30, 1988
PAGE 2
Kelton Potter vs. Planning Board - This involves a subdivision which is being
put in and the road does not meet requirements.
Joe McKenna vs. Town - A former Town employee (DPW). The insurance company will
not appoint counsel; a meeting is scheduled for May.
MDC (Metropolitan District Commission) bill - Involves a septage agreement going
back several years for which they claim the Town owes $30,000.
Jack Dwyer said it is likely the Town could hear from them at
some time.
Dufresne vs. Zoning Board of Appeals - This case was dismissed.
Leon Grant - He finally submitted an as -built plan which had been required.
Bird Road - Chairman Harrington reviewed this situation briefly; Selectman Dunn
advised houses are being built at the Sharon end.
FIREFIGHTERS CONTRACT - The Town Manager reported that there is a "potential
agreement "; they are awaiting "fact finding" now and he would like to have the
( contract settled before the fact - finding report comes in. He said Arthur Murphy
has been putting them off with counter - claims of the union. In the meantime Tom
has been meeting with Joe Sarro, President of the Union and one member of the bar-
gaining unit; they have had three meetings.
The potential agreement is for 5- 6; -61,; EMT allowance increase $200 the first
year, $100 the second, and no increase the third year. The EMT Coordinator is
receive a $200 increase for two of the three years. They want only one personal
day charged to sick leave. Town asking for "light duty" clause similar to Police;
Tom is still working with them on some points; he reported night differentials
and vacation increases have been dropped. There was brief discussion concerning
removal of the Deputy Chief from the union; Tom said he would like to drop the
issue right now.
The Town Manager advised the overall cost of settlement would be approximately
5.7% first year, 6.25% second year and 6% the third year.
Police Negotiations - The Town Manager said he:is' trying for a three -year contract
holding to:6421% for each of °the 3 years. He is not sure how to handle the union
request for overtime - position for position; and also has concern for officers
with second jobs who receive injuries. He would like to change sick leave reg-
ulations. Tom then brought up drug testing, mentioning impact, discipline, pro-
cedure, physical standards. He mentioned the new pension law requires certain
fitness standards and he would like to get "on the table" that all employees
will have to meet the standards, at least all new employees will have to meet
the standards. He also mentioned a new law by which any new public safety em-
ployees cannot smoke. Tom said he would like to have all employees take the
course.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
MARCH 30, 1988
PAGE 3
The Police Union wants a sick leave buy -back provision. Tom suggested requir-
ing at least 60 days on the books. This was discussed briefly; the Board felt
it was a good concept worth pursuing.
MINUTES APPROVED:
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
APRIL 26, 1988
PRESENT: Chairman Harrington; Selectmen Dunn, Markt; Town Manager; Attorney
Richard Gellerman
Richard Gellerman provided copies of a proposed agreement for Bird Road and
briefly reviewed its contents. He advised that there is no legal authority to
impose subdivision rules and regulations; just the right to impose adequate
access. The land owners have agreed to run an 8" water main, as well as proper
drainage, the length of Bird Road and to pay half the cost of 1,500 feet of water
main along Maple Street to which the Bird Road main will be connected. Nardone
and Fram are to be allowed to designate two single - family house lots of land,
which shall be exempted from the provisions of the agreement, for sale to third
parties. These four lots can be built on, but cannot be issued occupancy permits
until the road is finished and approved. A subdivision covenant is required.
The Town will supply fire hydrants and fire boxes, the land owners will be re-
sponsible for installation and payment of same. The agreement presently states
fire hydrants installed at distances of 1,000 feet; the Town Manager was asked
to verify the proper distance.
Selectman Dunn saud he was hesitant to sign an agreement prior to seeing a plan
layout of the road in regard to where it is going in connection with abutters.
The Town Manager read what he had inserted in the agreement pertaining to that,
and Dick Gellerman assured Selectman Dunn that he will get all he wants before
construction is allowed to begin. Gellerman said he does not want the Selectmen
to sign the agreement until after the land owners have.
MOTION: To approve the agreement. Markt /Dunn VOTED: 3 -0
Chairman Harrington expressed approval of Dick Gellerman's fine work on this
case and another he had handled for the Town, and said he hopes to be able to
call on him again if the occasion arises.
MINUTES APPROVED:
VIA ��► —,
a/.11&_
Date signed
AGREEMENT
THIS AGREEMENT, made this day of. , 198
by and between the Town of Mansfield, a municipal corporation,
duly organized by law, having its usual place of business at
50 West Street, Mansfield, Massachusetts, acting by and
through its Board of Selectmen, as Road Commissioners, herein
called the "Town," and Serena Nardone of 232 Winter Street,
Mansfield, Massachusetts; Ralph Fram of 41 Nelson Drive,
Randolph, Massachusetts and Molly Fram of 395 Revere Street,
Winthrop, Massachusetts (herein collectively "Pram ");
Bertarelli Brothers Incorporated and William and Paul
Bertarelli of 65 Magnolia Street, Brockton, (collectively
known as "Bertarelli "); and Stanley G. Zola, Trustee of the Zola
( Family Realty Trust, of Heatherwood Drive, Peabody,
Massachusetts, herein collectively referred to as the
"Abutters," the obligations of said Abutters hereunder being
joint and several:
. WHEREAS, each of the Abutters owns property which abuts
Bird Road in Mansfield, Massachusetts, and desires to see said
road improved so as to provide adequate access to their land
and /or lots which abut said road and in a manner that will be
safe and convenient for travel, and
WHEREAS, the Town, also desires to have said road improved
for the purposes set forth above, and
WHEREAS, the parties d }spute whether or not plans of lots
on Bird Road constitute a subdivision under Massachusetts
General Laws, Chapter 41, Section 81H, and all parties hereto
desire to avoid litigation to determine such issue;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, and for other good and lawful consideration,
the receipt and adequacy of which are hereby acknowledged;
IT IS AGREED:
1. in order to provide safe and adequate access to
adjacent lands as set forth above, and without derogating from
the Abutters position that the full requirements of the
Subdivision Rules and Regulations do not apply, but shall be
used for reference purposes, the Abutters shall cause to be
constructed at their expense, along the full length of Bird
Road from the Sharon - Mansfield border to the intersection with
Maple Avenue, a 27' traveled way, laid out on a 12" gravel
base and including an 8" water main as well as proper
drainage. Enclosed Exhibit A describes a proposed layout and
traveled way cross section to be used as a reference guide in
the development of plans; final plans, specifically including
drainage design, must be submitted to the Town for approval,
i pursuant to Exhibit C, prior to the start of construction.
-2-
Road width and quality of construction of the 27' traveled
way will, insofar as .possible within the 33' (two rod)
layout of Bird Road, meet the standards of ways as shown
on Exhibit "A." In the event that straightening of any
portion of the road is required for safe passage, the
Abutters agree to allow relocation of the road for the
purpose on their land. The Abutters also agree to grant
appropriate slope easements to permit the reduction of
unsafe hills or the building up of unsafe low areas in the
road. Final plans of the road showing layout, slopes,
cuts, fills and proposed drainage, must be submitted to
the Town for approval, pursuant to Exhibit "C ", prior to
the start of construction. The road to be constructed
shall also provide for the installation of an 8" water
main to serve the land of the Abutters extending up to a
point 200' from the Sharon line. Suitable drainage shall
be provided to the reasonable satisfaction of the Town
Planning Director as shown on the plans to be submitted.
2. Within sixty (60) days of the signing of this
Agreement, the Abutters shall submit to the Town a preliminary
layout showing the approximate location of Bird Road and all
adjacent landowners, as certified by the Town Assessor's
office. At that same time, the Abutters shall submit a
statement from each adjacent landowner indicating that they
have been apprised of the proposed improvements and have had an
opportunity to offer comments to the Abutters concerning said
improvements.
3. Such work shall be begun as soon as weather permits
and shall be pursued thereafter with due diligence. Said road
shall, in any event, be completed not later than October 1,
i
4. The Town shall provide, and the Abutters shall install
at their expense such water hydrants as the Town may designate
-3-
approximately every one thousand (1,000) feet. Such
installation shall include a tie -in to the existing fire
protection circuit.
5. Because of the present lack of water pressure in this
area, the Town, subject to approval by Town Meeting, shall
connect the Bird Road water main to the existing 12" main
along Maple Street approximately 1,500' to the northwest from
the intersection of Bird Road and Maple Street, such
connection to be subject to approval of installation and
construction plans by the Town of Mansfield Water Department.
The Abutters shall reimburse the Town for fifty (50 %) percent
of the cost of such road (but in any event such reimbursement
( not to exceed Thirty Thousand ($30,000.00) Dollars). Such
amount shall be paid in six (6) equal monthly installments;
the first payment commencing six (6) months after the
connection of the Bird Road water main to the Maple Street
water main.
6. The Town hereby grants to the Abutters and their
agents, a temporary construction easement along said Bird Road
for all work required hereunder.
7. The Abutters shall, if required by the Town, grant to
the Town such easements for the placement of utilities, as may
be necessary.
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8. In order to aid in financing the costs to Fram and
Nardone, each of them shall be allowed to designate two (2)
single - family house lots of land as shown on existing recorded
plans which lots shall be exempted from the provisions of this
agreement for sale to third parties. The Town hereby directs
the release of covenant of the aforesaid lots upon sale to a
third party or parties. The Fram and Nardone lots which are
the subject of this provision are shown on plans recorded at
the Bristol County Registry of Deeds in Plan Book 257, Plan
No. 20 ( Nardone) and Plan Book 258, Plan No. 50 (Fram). The
foregoing notwithstanding, however, no occupancy permits shall
issue for such lots until the earlier of the roadway having
been completed and accepted as herein provided, or the
determination of the Town Building Inspector that the then
existing condition of the roadway permits safe and adequate
vehicular access to such lots. Such determination shall not
be unreasonably withheld.
9. Except for the four (4) lots referenced in Paragraph 8
above, or as may be otherwise provided herein, no lot
depending on said road for its legal street frontage shall be
sold or building or structures erected or placed on, until the
roadway construction has been completed as herein provided.
-5-
10. The Abutters, and each of them, shall execute the
covenant in the form attached as Exhibit C which Covenant may
be recorded at the Bristol'County Registry of Deeds by the
Town.
11. The Abutters shall cause their road contractor to
carry: (1) liability insurance, naming the Town of Mansfield
as a primary beneficiary, in the amounts of one Million
($1,000,000.00) Dollars general liability (bodily
injury /property damage); (2) worker's compensation insurance
for all employees with statutory limits; and, (3) automobile
liability coverage of one Million Dollars ($1,000,000.00)
Dollars. Certificate of such insurance naming the Town as an
additional insured shall be provided to the Town Manager prior
to the commencement of construction.
12. The Abutters shall cause to be installed at their
expense such fire alarm boxes and at such locations as the
Fire Chief may reasonably require. Said boxes shall be
provided by the Town.
13. Nothing contained herein shall be deemed to relieve
the Abutters from compliance with the applicable requirements,
if any, of the Conservation Commission of the Town of
Mansfield, and all laws or ordinance relating thereto.
14. The roadway shall be constructed to the satisfaction
of the Board of Selectmen (the "Board ") acting as Road
Commissioners. Said Board, and its agents, may inspect such
construction from time to time and direct correction in the
work in accordance with the plans and specifications.
15. As used herein, the term
shall not be deemed to occur unt
caused the finished construction
accepted such final construction
Abutters. Such acceptance shall
or delayed.
"Completion of the Roadway"
it such time as the Board has
to be inspected and has
by notice in writing to the
not be unreasonably withheld
16. Upon such acceptance as is provided in Paragraph 15
above, such lots depending on said road for its legal street
frontage -shall be released from the provisions of this
Agreement. The Town shall at such time execute an appropriate
document for recording acknowledging such release (Exhibit B).
17. For a one -year period from the date of "Completion of
the Roadway," the Town shall retain a cash deposit or shall be
provided with a performance bond which is equal to ten (10 %)
percent of the estimated cost of the road construction. The
estimated cost of construction shall be determined by the
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Town. Said deposit or bond shall be used solely for the
purpose of insuring that any defects in the improvements are
promptly corrected by the Abutters upon notice by the Town.
Should the Abutters fail to remedy the defect within a
reasonable period of time the Town may undertake the work at
its expense utilizing such bond or cash deposit.
18. The Town shall install such overhead street lights on
such roadway as the Electric Department deems appropriate.
"The municipal Electric Department shall provide residential
electric service to the property of the Abutters for the length
of Bird Road and the Abutters hereby agree to provide all
necessary access and /or easements for such electric service."
19. Nothing contained herein shall be deemed to preclude
John Carroll of 670 East Street, Mansfield, Massachusetts,
from proceeding with construction upon his lot on such road.
20. The Abutters shall indemnify and hold the Town
harmless from and against any and all injury, loss, damages,
claims, costs or expenses which result from, directly or
indirectly, the work being performed hereunder, or any act,
omission or negligence of the Abutters or anyone acting on
their behalf.
21. Notification shall be given to the Town Engineer at
least forty -eight (48) hours in advance of the start of
construction.
22. In any case where either party hereto is required to
do_any act, delays caused by or resulting from Acts of God,
war, civil commotion, fire or other casualty, labor
difficulties, shortages of labor, materials or equipment,
governmental regulations or other causes beyond such party's
reasonable control shall not be counted in determining the
time during which such work shall be completed, whether such
time be designated by a fixed date, a fixed time or "a
reasonable time."
23. All notices and other communications authorized or
required hereunder shall be in writing and shall be given by
mailing the same by certified or registered mail, return
receipt requested, postage prepaid. If given to Town, the
same shall be mailed to Town at 50 West Street, Mansfield,
Massachusetts 02048 and copied to Richard A. Gelerman,
Esquire, 270 Bridge Street, Dedham, Massachusetts 02026, or to
such other person or at such other address as Town may
hereafter designate by notice to Abutters; and if given to
Abutters the same shall be mailed to Edward Richardson,
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Esquire, Leahy & Richardson, 51 Columbian Street,
P. 0. Box 128, South Weymouth, Massachusetts 02190.
AGREED AND ACCEPTED as of the day and year first above
written.
Serena Nardone
Ralph Fram
Molly Fram
S
TOWN OF MANSFIELD, BOARD OF
SELECTMEN AS ROAD COMMISSIONERS
BERTARELLI BROTHERS INCORPORATED
By
William Bertarelli
Paul Bertarelli
Stanley G. Zola, Trustee
Zola Family Realty Trust
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BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
JULY 27, 1988
PRESENT: Chairman Harrington; Selectmen Dunn, Markt, Tartufo, Levine; Town
Manager
ASH PROPERTY - The Chairman opened by reviewing the situation with this prop-
erty and advised that the Town does not have the dollar amount for taking by
Eminent Domain. Selectman Dunn said Mr. Morse has been approached by someone
who buying options and he thinks the Town may be able to get a well site for noth-
ing; he said the interested party is looking for multi - cluster support. Select-
man Dunn said he has not been approached, but had been told he would be. He
said the property value may be higher if the property is purchased, or wait
until the Board is approached after the property is bought.
Selectman Tartufo mentioned the sewer line going down School Street will bring
developers out to that area. Selectman Dunn does not feel the sewer will go
near the Ash property without large expense. The question is whether to go for-
ward with Eminent Domain or sit still and wait for the developer to come up with
something. Selectman Dunn felt the Board must do something or may lose as it
did with the Bogdanchik property. Money from sale of Spaulding School and money
from the Capital Charge were mentioned as sources. Selectman Tartufo said he
would like to go back to Town Meeting for re- allocation of the sewer line funds;
The Chairman asked can we bond it and put it into water rates; go for override
in the Fall. Chairman Harrington then reminded Board members that the School
Committee intends to come back asking for an override for construction of a new
school. Discussion covered buying the whole parcel and selling front lots.
Selectman Dunn said he felt Mrs. Ash would float a loan over a period of years.
MOTION: To go forward and ask for an override for an amount of funding to
be determined shortly.
The Town Manager suggested a price up to l; million which Town Meeting
vote already approved and go for the override.
Selectman Dunn explained water rate vs. tax rate; Mansfield's water
rate is middle to high, tax rate is low.
MOTION: To proceed with Eminent Domain procedure. Dunn / Markt
VOTED: 5 -0
JOHN C. TYLER /NORTON SITE
A letter received by the Board in June from Mr. Tyler offering a 6.5 acre site
in Norton, near the Canoe River and situated on top of that aquifer, to Mansfield
with the suggestion for use of it as a well site, was touched on briefly. The
Board felt the parcel was too small for a well site.
i
JOHN C. TYLER
BARBARA D. TYLER
June 18, 1988
Water Commisioner
Towri of Mansfield
Water Department
Mansfield, Mass. 02048
Dear Water Commissioner:
'r
5%
I have read the article (enclosed) in the Sun Chronicle and have attended meetings
held by your Board of Selectmen regarding Mansfield's desire to purchase a well site
either at Mill Street or at a West Mansfield location which is undisclosed- .
I believe that I may have an alternative for you. Norton's water is nice and clean
and plentiful... because we are at the base of the "Canoe River Aquifer" as you already
know because you have read the IEP Studies.
Mansfield owns the rights to the old rail bed and you have a 43" Sewer Main running
up from Hill Street, Norton, to your City. The thought occured to me that my 8.32
( acres of Farm land is situated right on top of that Aquifer and abutting the Canoe
River (see enclosures) and I have been forced to sell the property because Norton
doesn't want to have it developed Commercially. .In fact, I get the impression that
Norton doesn't want it developed at all because, "it sits on the Aquifer." They
also were offered the land for a well site about two Years ago by me and they "were
not interested." They already have 5 Wells going and, because Norton is "water- rich"
they apparently feel that another well site is not needed at this time.
My feeling is that Mansfield could avail themselves of this site and build a pumping
station and well (s) on the site and run a 16" Water Main right up the old railbed
into Mansfield! I don't know if Norton has exclusive rights to water that is located
under my land. If they do—then the deal doesn't go any further. If they don't, it
would appear that-Mansfield could buy a 6.5 acre site for $150K less than appraised
value!
Please take a look at the enclosed maps and other data and think about the idea.....
even as a backup over the West Mansfield location if you must purchase that site.
Remember, Norton is at the basin of all of the Aquifer and most of the pure water is
located in Norton. Mansfield is only a stone's throw away using the rail bed and this
could make sense to protect Mansfield's future needs.
t ry uY�y
ohn C. Tyl
(617) 761 -66 3
l
1124 Washington Street, Suite 100, South Attleboro, MassacliuseWq 02703 (617) 761 -4490
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
JULY 27, 1988
BIRD ROAD - The Town Manager had submitted information to Board members prior
to tonight's meeting. He had met with Attorney Gellerman and the developers'
attorney and there are a few final details yet to be ironed out. In the interim
it will be necessary for Gellerman to file the lawsuit so that the statute of
limitations does not expire (one year from date of Plannign Board approval of
the Form As). In order to file the lawsuit ten names of Mansfield residents are
needed; the former five Board members had agreed, which left a need for five
more names. Chairman Harrington volunteered his and his wife's names, Selectman
Dunn did the same; Selectmen Markt and Tartufo volunteered. The members were
asked to solicit other names and it was suggested that former Selectmen McNair,
Mahana and D'Onofrio be contacted to learn if they are still willing for their
names to be used.
Selectman Levine, during the discussion and having not been on the Board during
earlier sessions when the agreement was worked out, became quite concerned with
the information that the developers were to install 1500' of water main along
Maple Street. Selectmen Levine did not think such a requirement was appropri-
ate; there was some agitated discussion ending with her statement that such an
agreement would not receive her vote of approval.
The lawsuit is against the Planning Board to void the approved Form As.
MINUTES APPROVED:
Clerk
Date signed
BOARD OF SEELCTMEN
MINUTES OF EXECUTIVE SESSION
SEPTEMBER 28, 1988
PRESENT: Chairman Harrington; Selectmen Levine, Markt; Town Manager
Chairman Harrington opened the meeting by advising that over the past several
months he has had conversations with various Town staff over various issues. He
said department heads are dissatisfied and have problems with the Town Manager's
managerial style, the Town Manager has had problems with the Fire Chief, and he
mentioned some of them. He went on to say the Highway Department is dissatis-
fied, and he said Tom's reply always is, "Larry, you are the only one telling
me these things! ". The Chairman then said that he and Tom have decided it is
time for him to voice his (Tom's) problems.
Tom said he had just learned that the Water Operations Manager he just hired
has decided not to come work for the Town. Chairman Harrington asked, "Why is
it no one will come work for the Town ?"
Tom then gave a brief overview of his past experience in managing municipal gov-
ernments. He explained his stand on the present STOP sign situation and the 24-
hour shifts which has recently come up. He then asked the Board members to call
him when, or if, they get calls or rumors. He said as for his "management style"
he has high standards, expects department heads to do some managing and wants
them to not only bring in problems, but also solutions. He said many are ill
equipped, either in personal background or time; the Town is under staffed. He
then discussed several concerns he has with the new Fire Chief and his manage-
ment abilities (the Fire Chief's). He also said neither the Highway Foreman nor
Head of Public Buildings division are management material.
Selectman Levine said she does not receive many calls or complaints (it was felt
partly because she is the hardest to contact). Selectman Markt said he does
receive calls, some with information which they have mixed up, he said. Discus-
sion covered management in the police station. The Chairman told Board members
Tom has offered to resign on several occasions, often out of frustration. Tom
said it is a real mess here and it is destroying his family life which he does
not want to happen, but said again, he would be very glad to have Board members
call him when they learn or hear something.
Selectman Markt said he has gained a different perspective from tonight's dis-
cussion. Selectman Levine said she has felt Tom was building a wall rather
than shielding Board members. Chairman Harrington encouraged Tom to come to
the Board with what he needs to resolve some of the problems, vacant positions,
etc. Brief discussion followed on qualified personnel in general.
The meeting adjourned at 11:15 P.M.
MINUTES APPROVED: J O f W12 P-2
Clerk Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
OCTOBER 19, 1988
PRESENT: Chairman Harrington; Selectmen Levine, Tartufo, Dunn; Town Manager
The Session was convened at 7:12 P.M. for an update on the Bird Road situation;
Attorney Richard Gellerman had been expected, hopefully, with the agreement
signed by all parties on the developers side, but he did not come because there
were still one or two signatures not secured.
The Chairman said there were two other issues to be covered during tonight's ses-
sion. One was that today a tentative agreement had been reached with the Police-
men's union. Tom did not want the Board to ratify it before the union does which
should happen next Sunday.
Tom gave a brief overview of the agreement: a 3 -year contract (now 3i months
late) with 641%, 621% and 61,% increase; also an increase in the night differential
but not to become effective until January 1, 1990; 1% increase in longevity pro-
gram of $50.00 the second year, $50.00 the third year; $25.00 increase in uniform
allowance (first and second year only, none in third year); a drug screening pro-
gram (can be required by Police Chief); an attendance incentive program which
would allow an officer to sell a certain number of sick days back to the Town (a
certain number specified), but must have at least 60 days accrued (this will not
start until July 1, 1989); a reduced number of sick days allowed to accrue to
145 (reduced from 173); improved range of overtime assignments - now allowed to
have supervisory personnel on the job; voluntary stop smoking program (the Town
to pay 50% of the cost for the program (this subject to ratification by Police
Association and approval by the Board of Selectmen, plus approval of appropria-
tion by Town Meeting). Tom recommended Board ratification at the November 2nd
meeting.
Ash Property - The question raised was how to proceed in acquiring the property
now that money has been appropriated. The last offer was 1.7 million; 1.2 mil-
lion considering value of lots with mineral rights. Selectman Dunn said Talbot
Tweedy has a two to three year option to sell the property publicly with a 10%
commission. Eminent Domain would go for appraised value of 1.2 million.
The Town Manager (Tom) reported he has talked to the Assessors' attorney, Joe
Dalton, who advised the way to go is to have him, or another attorney, represent
the Town at the table, or at least advise the Town. He also advised getting a
second appraisal; he mentioned an appraiser, Martin Coleman, who is an expert
on water rights. Dalton advised having an attorney talk to Coleman, not the
Town itself. Selectman Dunn said he does not want to pay for mineral rights
that may not be there; it has not been tested yet. Tom said he feels the Board
needs special counsel to review the file, bring it up to date, then advise the
Board how to proceed.
The Board asked Tom to try to get some references on Attorney Dalton. There was
brief discussion as to what the appropriated $250,000 can be spent on (anything
( but construction), legal fees, etc. O.K. Tom was asked to go forward on this.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
OCTOBER 19, 1988
PAGE 2
Selectmen Dunn and Levine advised that they will meet with Dick Morse on the
27th, in Town Hall (he owns property adjoining the Ash property). Discussion
then covered what constitutes a 'sub- committee' and necessity to post such a
meeting. Tom said he believes if there is no formal vote for such a committee,
it is a 'sub- committee'. There was no decision on posting.
MINUTES APPROVED:
Clerk
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
OCTOBER 26, 1988
PRESENT: Chairman Harrington; Selectmen Tartufo, Markt, Dunn, Levine
Bird Road - Attorney Richard Gellerman was present. He said he had reviewed
the Planning Board's reasons for issuing the Form As for lots on Bird Road and
the Planning Board, Building Inspector and developers of Bird Road are being sued
by the Board of Selectmen and Planning Board individually.
Tonight Attorney Gellerman had the signed agreement. The builders will build
the road according to Planning Board regulations, but the signed agreement is all
subject to Conservation Commission decision. Attorney Gellerman said if this
goes to court, the court would not require a developer to improve the public way
which Gellerman feels Bird Road is. He reminded the Board members that both the
Fire and Police Chief have stated that the road is safe and adequate, so the Town
does not have a specific case. The Town's specifications are to be followed for
the full length of the road, to the Sharon line. Gellerman recommended that the
Board approve and sign the agreement subject to Conservation Commission approval
and no Building Permits are to be issued until the road is completed and approved
by the Board of Selectmen.
The Town Manager explained that the Building Inspector felt because the road ex-
tended to John Carroll's lot he had to issue that Building Permit. He said Bert
Cook will issue no more building permits until the road is completed.
Chairman Harrington thanked Dick Gellerman for his handling of the Bird Road
case and advised him that his application for the Town Counsel position had been
received and the Board will be determining its requirements and making a deci-
sion near the end of the year.
Police Contract -- The Town Manager had the ratified Police Contract for the Sel-
ectmen to review and then also ratify. Selectman Levine questioned a few points
about the drug screening program. Tom said both the Police Chief and legal
counsel felt it was a well written contract.
MINUTES APPROVED:
filer -k =
_�P_ 19
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
NOVEMBER 16, 1988
PRESENT: Selectmen Dunn, Tartufo, Levine, Markt; Town Manager
Selectmen Dunn and Levine reported on their meeting with representatives from
the Hovnanian Company (not Dick Morse as previously indicated), who are inter-
ested in purchasing the Ash property. They are looking at putting 200 homes on
approximately 75 buildable acres of land (property 135 acres total). They are
talking extremely dense single cluster type family homes; they do not expect to
give the well site away, rather exchange for some compensation. Selectman Levine
said she felt if she and Selectman Dunn would support them through Town Meeting
and the Planning Board would approve 10,000 square foot lots, they might put in
the pump station and give the Town the well, as well as put in sewers. Select-
man Tartufo saw it as they not giving the Town anything; they would put in sewer,
but they want approval for 10,000 square foot lots, and it would be putting rapid
growth on land that otherwise would not have and would increase need for school-
ing. He said he believes the Town should go for Eminent Domain. Hovnanian
would need a zoning change; there is probably a clause in their contract and if
the Town goes for Eminent Domain, Hovnaniarr.r. would say "good by ".
Selectman Levine said she received a call from Dick Morse and she thinks he is
trying to do something on his own, not with Hovnanian -; thby?he walking the fence ".
Hovnanian wants to meet with Mike LaCasse; the Town Manager said he would like
to be included on that meeting since Mike is leaving. Selectman Dunn said he
would like to discourage them. Selectman Tartufo said this is a large company
not Massachusetts based; it is Federal based and could become a HUD project. Dis-
cussion followed about a tubular well field so as to get greatest amount of water.
The Town Manager said he still has not received a letter from the Assessors' at-
torney; he will contact him. Selectman Dunn suggested trying one more shot with
Ash, then go for Eminent Domain. He would like an Executive Session with Attor-
ney Dalton. The Town Manager said the real value of the property is not known -
water /mineral rights are most important. Selectman Levine suggested that if the
Board goes back to Ash don't let Talbot Tweedy know who the lawyer the Town will
use is.
Balcom Street Land Swap - (Selectman Tartufo left the meeting for this discus-
sion). The Town Manager had received recommendations from the Planning Director
regarding this land swap, which he explained (see attached). Selectman Dunn said
he is not interested in the 13 acres; there is no access. Give him access for
Balcom Phase II provided he puts 50 foot road through and curb cuts for Town's
six lots; ask for two or three lots from his newly acquired six buildable lots;
get him to establish value of the fifteen acres he wants to swap.
There was additional discussion. Conclusion was to endorse the concept subject
to negotiations. The Town Manager will write to Mr. Harris.
MINUTES APPROVED:
Clergy Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
NOVEMBER 30, 1988
PRESENT: Chairman Harrington; Selectmen Dunn, Levine, Markt, Tartufo; Town
Manager
Malcolm Post /Edgewood Condos - The Health Agent, Scott Leite, Board of Health
Chairman, Ed Rosenberg and one member, Don Steele, were present and reported
that Malcolm Post had violated Title V in presenting each lot separately. The
State has issued an order to sewer or build a wastewater treatment plant. Lot
2 was sold to S. Zachary Swidler, a "straw for Post ". He sued the Board of
Health for not being allowed to build. The Judge said there is a question as
to the owner of Lot 2.
Chairman Harrington reviewed past circumstances when it was felt Town Counsel
was not doing enough on this case. The State wants the Town to become more in-
volved. Scott recommended Attorney Joseph Hannon to defend the Town in this
case. The Board of Health feels Town Counsel is not doing an effective job for
them, and Ed Rosenberg said time is of the essence. The Town Manager endorsed
the idea of getting a special counsel. Consensus of the Board was to author-
ize the Board of Health to hire a special counsel.
ASH Property - The Town Manager introduced Attorney Joe Dalton, then turned the
meeting over to him. His practice is specifically in the area of real estate
evaluation, and he is mostly involved in litigation of real estate cases. His
experience runs the gamut of hotels, water companies and he is presently work-
ing on "time sharing ". He said factors to be concerned about are: the law that
you don't have to compensate anyone for inability to produce water on a piece
of land. He discussed pros and cons of aquifer, wetlands. He said he may have
disagreement with what appraiser says is developable. He says get experts on
your site - water company, real estate. Chairman Harrington asked what should
the Board do before going to eminent domain? Joe Dalton said establish the
site's worth for subdivision building use, then worth with water rights. He
feels the Town should negotiate. Selectman Dunn said he wants to move as
quickly as possible.
The Town Manager suggested engaging an attorney to negotiate for a certain
period of time; secure another appraisal for water possibilities, then decide
whether negotiations should continue, or go to eminent domain. Selectman Dunn
said the market is pretty tight so there's not a better time to make a "taking ".
* MOTION: To hire Joe Dalton with an update the first week in January 1989.
Markt /Dunn VOTED: 5 -0
Further discussion concerned putting Joe Dalton in touch with Anderson - Nichols.
Joe would like an engineer layout of the site. Joe charges $100 /hour and will
bill monthly.
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
NOVEMBER 30, 1988
PAGE 2
HARRIS LAND SWAP - (Chairman Tartufo left the room for this discussion).
The Town Manager briefed the Board on its proposal and reported Nick Harris
had come in to discuss it. He had two alternatives; a counter proposal was
that he would build the road between his two subdivisions and receive three
of the six lots envisioned along the roadway. The Town would receive a 13 acre
parcel and when Nick Harris develops land next to that parcel, he would give
access to it. If Town Meeting does not approve his road, the Town would not be
liable for any expenses Nick Harris has incurred.
Selectman Dunn did not like it, but said to tell him "we're getting close ".
Selectman Dunn felt Nick Harris is getting three lots and road he wants for a
13 acre "piece of trash to take it off his hands! ". Selectman Dunn suggested
letting him just put the road across the Town land and don't give him anything.
Consensus of the Board was to let Selectman Dunn work with the Town Manager to
negotiate with Nick Harris.
MINUTES APPROVED:
Clerk
Date signed
BOARD OF SELECTMEN
MINUTES OF EXECUTIVE SESSION
1 DECEMBER 12, 1988
PRESENT: Chairman Harrington; Selectmen Markt and Levine (Selectman Tartufo
not present for discussion)
National Lumber Co. - Selectman Levine said she was not sure a berm would be
effective and suggested a group Bert Cook (Building /Zoning Officer) mentioned
that will come in and mark, cut trees and other growth for clearing the area
for better investment. Selectman Markt thought it a good idea. A fence would
block residents from enjoying the area.
Discussion followed as to an amount to ask for damages; $15,000 was suggested
to start, settle for $10,000.
The Town Manager asked for a new sign and said there will be a fence where the
boulders are and the berm and sign.
MINUTES APPROVED:
Clerk
a -"
Date signed
RELEASED MARCH 29, 1995 BUT NOT APPROVED FOR CONTENT
BOARD OF SELECTMEN /LIGHT COMMISSIONERS r �V E 1)
MINUTES OF EXECUTIVE SESSION
DECEMBER 5, 1988 95 JUN 22 All 7: 57
PRESENT: Chairman Harrington; Selectmen Dunn, Levine Mr1 �btvh�M Hager,
Thomas E. Dwyer i`ifi.. , ;! l US�l S
Labor Counsel, Mike Lehane, was present to discuss possible legal action the
Town could take against National Lumber Company in light of their excavation
of a large hole on Town property at Maple Park. The company had trespassed
on Town land and removed the gravel for use at their adjacent construction
site where the company was building a warehouse and other related and access-
ory buildings and facilities. Selectman Levine reviewed with Mike Lehane the
history of the excavation of the hole as she understood it from her investiga-
tions and other sources of information. Selectman Dunn added his observa-
tions about the incident from reports and information he had also received.
Mike Lehane discussed possible legal actions the Town could undertake and their
potential ramifications. Items discussed included:
- Possible laws violated, both on the criminal and civil side; associated
legal fees in pursuing the matter;
- Damage amounts and awards; the time to pursue the case legally;
- The probability and value of success in prevailing if legal recourse was
desired.
Board members agreed after a thorough discussion of the issues to consider the
matter fully in the intervening week and to schedule another Executive Session
at 6:30 P.M. December 12th to further discuss the matter. Board members also
agreed to meet with representatives of National Lumber at 7:00 P.M. on the
12th to hear their version of the incident. During this portion of the discus-
sion, at about 7:40 P.M., Mike Lehane left the meeting due to a prior commit-
ment. Discussion continued briefly among Board members. Chairman Harrington
then polled the Board to close the Executive Session and to go into Open
Session of the Light Commissioners: 4 -0
MINUTES APPROVED:
Clerk Date signed