Canton, Massachusetts · Saved source text
May 13, 2024, Finance Committee Meeting. Minutes
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Canton Finance Committee Minutes Voted on: 9/18/24 801 Washington Street Vote: 6-0-1 Canton, MA 02021 Meeting Minutes May 13, 2024 Canton High School Cafeteria Finance Committee Members Present: Dave Clough, Dan Cole, Emilio Mauro, Tim McKenna, Maureen Menconi, Kristin Mirliani, Reuki Schutt, and Cindy Thomas. Finance Committee Members absent: Karen Foley. Guests Present: Paul DeRensis, Town Counsel Ellen Jones, Recording Secretary David Nichols, Canton Hills Homeowners Association Paul Schneiders, Attorney for Canton Hills Homeowners Association — Article 31 (Street Acceptances) Randy Scollins, Finance Director Call Meeting to Order: Ms. Thomas called the Finance Committee meeting to order at 6:00 p.m. Review of the Agenda — Ms. Thomas reviewed the agenda, which included a reconsideration of Article 2, Motion 2 (Non-Residents allowed to participate except vote in Annual Town Meeting) and a reconsideration of Article 31 (Street Acceptances) and the approval of past meeting minutes. Reconsideration of Article 2 Motion 2 — This motion allows non-residents to attend and speak at Town Meeting. Ms. Nolan would be allowed to give a report about the Canton Alliance Against Substance Abuse under Article 3 and Ms. Sugameli would be allowed to speak under Article 28 (Appropriation to Fund Museum Improvements at the Paul Revere Heritage Site). The Finance Committee members were presented with an amended motion for Article 2, Motion 2, as follows: MOVED: That the following individuals be added to the list of individuals under Article 2, Motion 2: “Isabel Nolan, Program Manager, CAASA (Article 3)” and “Ms. Betsy Sugameli (Article 28)”. A motion made by Ms. Schutt to reconsider Article 2 Motion 2 was seconded by Mr. McKenna. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). A motion made by Ms. Schutt to approve Article 2 Motion 2 as amended was seconded by Mr. McKenna. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). Article 31 — Discussion and Vote — Accept Saddleback Lane & Horseshoe Lane as Town Ways Mr. Scollins provided an update to the Finance Committee regarding Article 31 as follows: e Citizens filed an article to accept Saddleback Lane & Horseshoe Lane as Town Ways. e There was no motion to consider or accept, just a citizen’s article to consider. e After discussion amongst many parties (Town Administrator, Town Engineer, and a representative from Town Counsel's office) it was discussed and agreed upon that the street acceptances would be more palpable if there was inclusion of language that had the Homeowners Association retaining ownership and responsibilities for pumping stations and retention basins. Language had been prepared by Attorney Schneiders on behalf of the homeowners, initially reviewed by Attorney Curley (of Town Counsel's office) and was deemed to be acceptable. e There was a later inclusion insuring that the maintenance of the shrubbery and vegetation around the area would be maintained by the Homeowners Association. This language was also approved by Attorney Curley. This was a motion to amend the original article language. This was still not in the format of a final motion. FINCOM 20240513 Minutes FINAL EM.docx Page 1 of 5 9/15/24
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e The Finance Committee’s motion that appears in the Town Meeting document was that they would make their recommendation on Town Meeting floor. There was no motion put forward to accept the streets. Earlier in the day of May 13" Mr. Scollins reported that he received an email from Attorney DeRensis who had reviewed everything to date. Mr. Scollins distributed to the Finance Committee members a copy of an email received from Attorney DeRensis. Mr. Scollins read Attorney DeRensis’ comments as follows: “t have reviewed the motion for Article 31, and it does not work as a matter of law. We cannot exclude from conveyances landscaped areas that are measured by vegetation: what is landscaped today, may not be landscaped ten years from now. There legally has to be metes and bounds. Moreover, an obligation on the homeowners association to maintain landscaping is inherently unenforceable: to what standard is the landscape to be maintained? ! would further on legal grounds, advise against any acceptance of any road way that does not leave us with ewnership and control of landscaping along a public road so that we can maintain the safety of the road for the travelling public to our standards, not the standards of a private homeowner association that can go out of business at any time. Low hanging branches hitting passing vehicles or bicyclists, falling trees on vehicles and people, shrubbery blocking signage, poison ivy and thorns from poorly maintained vegetation injuring pedestrians, no open areas to put plowed snow, the list goes on, but the point is, this “deal” leaves us liable for an unsafe road and morally responsible for injured people in the decades and centuries to come. Accordingly, | have re written the motion, but even as rewritten, this is not legally advisable, and would recommend no action as very premature for this town meeting. Nevertheless, here is a revised motion requiring creation of new parcels of landscaped lands to be excluded. (A copy of Attorney DeRensis’ revised motion has been made part of the meeting documents.) e In preparation for Town Meeting copies of the amended motion were printed on the back of the Town Meeting Voter Cards (see attached copy of Voter Card in meeting documents). Unfortunately, Town Counsel did not think the motion on the back of the Voter Cards was legal or enforceable, which would cause more confusion for the voters. e Inresponse to Ms. Mirliani’s question as to how long Town Counsel had Article 31 for review, Mr. Scollins was uncertain as to the timeframe. Town Counsel had a different viewpoint of the motion from Mr. Curley. Ms. Mirliani is of the opinion that something else in the process needs to be changed or done to avoid the Finance Committee receiving information the day of an Annual Town Meeting. Mr. Scollins stated that Town Counsel had just “received a comeuppance” from the Select Board. e In response to Mr. Mauro’s question about the Town owning the right-of-way and the sidewalks and that if a tree were to grow in that area the Town could landscape as necessary. Mfr. Scollins believes that Town Counsel stated there needs to be clear metes and bounds. Mr. Mauro read a portion of section (b) of the revised motion provided by Town Counsel as follows: (b)the conveyances shall not include any landscaped areas, to be identified and described in a plan of land to be presented to the Canton Select Board within 90 days of the close of the 2024 Annual Town Meeting together with a written Agreement to be executed between the Canton Hills Homeowners Association and the Town of Canton by which the Homeowners Association shall continue to own and maintain solely, without any involvement by the Town of Canton, such landscaped areas to the standards as presently in place which standards shall be further defined in such written agreement: Mr. Scollins could not speak to the 90 days language in the motion. e Ms. Schutt inquired as to what the downside would be to table the motion for 6 months for the Special Town Meeting. Mr. Schneiders responded that he and the homeowners have spent the last 14 months working with the Town, Mr. Scollins and Attorney Curley. He further stated that Mr. Curley inquired earlier in the day as to the map and parcel numbers for the areas that would be landscaped. Attorney Schneiders stated that metes and bounds are not tracked by the Assessors but that the Homeowners Association has stated that they would maintain all of the landscaped areas. They would also have 90 days to work out an agreement with the Select Board. Attorney Schneiders stated that unfortunately he had not received a copy of the revised motion until 11:00 earlier in the day. e Ms. Mirliani inquired if there were damages to the homeowners if this article were to be postponed until Special Town Meeting. e Mr. Nichols of the Homeowners Association stated that 99.9% of the landscaping is for the water retention ponds (owned by the HOA), which landscaping is one of the HOA’s biggest expense. e Mr. Mauro inquired that if the landscaping language were removed from the revised motion and possibly settled on as part of the 90-day negotiation process, would this satisfy the “less than 30 words” amendment requirement, so as to avoid having to reprint copies for the Town Meeting. Mr. Mauro attempted to come up FINCOM 20240513 Minutes FINAL EM.docx Page 2 of 5 9/15/24
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with a solution that would be agreeable to the HOA and beneficial to the Town. Mr. Mauro shared Ms. Mirliani’s concern that while the process of Town Counsel review for this article might not be considered unprofessional, this confused outcome might not be what Town Counsel is paid for by the Town. Mr. Mauro is concerned at the “bad optic” this would present to the public. The article would have to be postponed in such a way that it could be brought back at Special Town Meeting. Mr. Scollins suggested to indefinitely postpone. In response to Mr. Clough’s question about the Town having access to the easement locations, Mr. Nichols responded that the Town already has access to clearly marked easements, which are approximately 14 feet from the road. Again. Mr. Nichols explained that most of the landscaped areas pertain to the retention ponds. Attorney DeRensis joined the Finance Committee meeting at approximately 6:25 p.m. ° Ms. Thomas stated that the Finance Committee had great concern that they were at the last moment faced with such last-minute changes to something that has been deliberated at multiple meetings and that they would like a “pathway forward” for Article 31, so it could be acted upon at the Annual Town Meeting. Attorney DeRensis stated that he solved the problem in that he rewrote the revised motion. The issue that Attorney DeRensis has is the language “excluded from the conveyance are any landscaped areas which shall remain the sole responsibility of the Homeowners Association”. He stated that the motion needs language referencing metes and bounds. Attorney Schneiders and Attorney DeRensis seemed to agree that it could be worked out in the 90 day negotiation period. Attorney Schneiders was concerned about having copies available for the voters. Attorney DeRensis stated that a conveyance could not be done “from one dandelion to the next dandelion” and that specific metes and bounds were needed. Ms. Thomas suggested that the language on the last line of the Voter Card would need to be revised and asked then how the Town Clerk could make this allowable within the rules of Town Meeting. Attorney DeRensis suggested that the language he came up with was that “the conveyances shall not include any landscaped areas, to be identified and described in a plan of land to be presented to the Canton Select Board with 90 days of the close of the 2024 Annual Town Meeting together with a written Agreement to be executed between the Canton Hills Homeowners Association and the Town of Canton by which the Homeowners Association shall continue to own and maintain solely, without any involvement by the Town of Canton, such landscaped areas to the standards as presently in place which standards shall be further defined in such written agreement.” Ms. Thomas stated that this was more than 30 words and the Committee could not move that forward with that language and she was concerned whether the Committee would be able to do this in the final hour. Attorney Schneiders accepted the language from Attorney DeRensis and agreed that they would work with the Town during the 90-day negotiating period. Ms. Thomas had to interrupt the discussion between Attorney Schneiders and Attorney DeRensis about obtaining a plan of land etc. and asked that they discuss this outside of the Finance Committee meeting. Ms. Reuki suggested the following language: “Town Counsel and the Homeowners Association shall collaborate on landscaping . . .” Ms. Thomas suggested that the Finance Committee take a vote contingent upon a written agreement between Town Counsel, the Homeowners Association and the Select Board. Ms. Schutt spoke in support of having this resolved and was confident that it could be resolved within the 90 days and that the Town needed to start working together. Town Counsel explained that the reason his amended motion was lengthy was because his language was an amendment to an amendment and that he provided the article as amended. There is no problem with the separate parcels for Storm Parcel A, Storm Parcel B and the Sewer Pump Parcel but there is a problem in that the 2 paragraphs do not include the landscaping reference. He thought that was a bold sentence added to the end of it and that Attorney Curley was unaware of it for the first couple of weeks because it was something added along the way. Attorney DeRensis admitted that he was at fault but that he has to do what is right for the community. Mr. Scollins stated that there is a copier that the Finance Committee could have access to if needed. A motion made by Mr. McKenna to rescind the Finance Committee’s amended motion for Article 31 was seconded by Mr. Mauro. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). A motion made by Mr. Mauro to approve the motion for Article 31 as presented on page 2 of a copy of a document received from Attorney DeRensis dated May 13, 2024 12:08 p.m. was seconded by Ms. Mirliani. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). FINCOM 20240513 Minutes FINAL EM.docx Page 3 of 5 9/15/24
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Meeting Minutes The April 10, 2024, meeting minutes were approved at a prior meeting. A motion made by Mr. McKenna that the Finance Committee approve the May 1, 2024, meeting minutes as written was seconded by Ms. Schutt. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). Ms. Thomas acknowledged that it was Mr. McKenna’s last Finance Committee meeting and thanked him for his 12 years serving on the Committee. Also Ms. Foley, who was not in attendance at the meeting, was resigning from the Finance Committee. The Finance Committee would now have two vacancies on the Committee. Meeting Adjournment: A motion made by Mr. McKenna to adjourn the meeting at approximately 6:39 p.m. was seconded by Mr. Mauro. Vote: 8-0-0 (Yea: Clough, Cole, Mauro, McKenna, Menconi, Mirliani, Schutt, and Thomas). Minutes reviewed by: Mr. Mauro Respectfully submitted, \ Emile © Mower, Emilio Mauro Chair, Canton Finance Committee FINCOM 20240513 Minutes FINAL EM.docx Page 4 of 5 9/15/24
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Finance Committee Meeting Documents May 13, 2024 Please note: Some meeting documents may be found on the Town’s website under the Posted Minutes section (Laser Fiche). Agenda — May 13, 2024. Budget documents discussed at the meeting may be found on the Town’s Website under the Finance Committee section. The budget documents are subject to change as the budget process progresses. These documents may also be found at the below links: https://town.canton.ma.us/DocumentCenter/View/10987/FY25-Municipal-Bud 4-of-2 et---Dept-Requests---Jan-2024-—-Part- https://town.canton.ma.us/DocumentCenter/View/10988/FY25-Municipal-Budget---Dept-Requests---Jan-2024—-Part- 2-of-2 Article 2 Motion 2 —- Amended Motion — 1 page. Article 31 - Accept Saddleback Lane & Horseshoe Lane as Town Ways Letter from Paul Schneiders to Charlie Doody, Town Administrator, dated April 23, 2024 regarding Article 31, Motion to Modify Article 31, As-Built Plan of Land in Canton, MA AB-1, AB-2 and AB-3 (5 pages). May 13, 2024 Email from Paul DeRensis to Timothy Curley et al copy to William Scollins (2 pages). Copy of Annual Town Meeting Voter Card showing amended motion for Article 31 (1 page). FINCOM 20240513 Minutes FINAL EM.docx Page 5 of 5 9/15/24