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Present:
06 AUG 23 PM 1.,: 07
MANSF IELD
MASSACHUSETTS
Vice Chairman David McCarter, Clerk George Dentino, Selectman Louis
Amoruso and Selectman Michael McCue
Lee Azinheira, DPW Director/Acting Town Manager
Town of Mansfield
Board of Selectmen
Minutes of August 2, 2006
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The Board of Selectmen's meeting was called to order at 7:30pm, followed by the Pledge
of Allegiance.
Mr. McCarter asked Mr. McCue to make the presentation to the Animal Welfare
Committee, as he was once a member and made the motion to donate the funds.
Bill Gerber, Mary Andrews, Sally Holm and Sharon Baker from the Animal Welfare
Committee were present.
Mr. McCue thanked the Chairman for allowing him to present the check. He said that
there is no cause nearer to his heart and hopes that this check will be the beginning of
r corporate support. He then presented a check in the amount of $25,000 to the Animal
Welfare Committee. Mr. Gerber accepted the check on behalf of the Animal Welfare
Committee and pointed out that the money came from Samsonite.
Mr. Gerber said that they have over $55,000 in the bank, but they are gaining momentum
and are able to take donations in cash and materials. They are hoping to get the
Southeastern Regional HS students in there to work on electrical and this will help reduce
the costs.
DPW Director/Acting Town Manager Lee Azinheira, Mark Cook, Highway Operations
Manager, and John Sullivan, Town Engineer, were present for the paving update.
Mr. Azinheira noted that we come in annually or twice a year to update the Board on paving
issues and where we anticipate working for the rest of the year. Mr. Azinheira
summarized the paving related projects performed this year. In the spring, DPW paved
the surface course on the following streets: Angell St., Morini St., Senecal St., and
Summit St.; continued with cracksealing the East side and center of Town; and continued
with miscellaneous drainage improvements and spot repairs.
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Board of Selectmen Minutes of August 2, 2006
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r The largest project scheduled for this year is the mill and overlay of Forbes Boulevard
from the town line to West Street at a cost of $204,000, the mill and overlay of Cabot
Boulevard at $100,000. He pointed out that DPW will continue cracksealing for the
balance of the east side and center of town. Another project scheduled for later this
year is chip sealing of Franklin Street and Fruit Street. Mr. Azinheira pointed out that
Mr. Cook has done the majority of milling and overlay of Franklin Street and will be
completed next Monday and then they will go back later this year and chip seal Franklin
Street.
Mr. Azinheira went on to say that the other project is improving Branch Street drainage.
This is a street that didn't have any drainage to speak of before and the Engine~ring
Department designed solutions to the drainage problem. Mr. Azinheira provided the Board
with a summary of Chapter 90 projects and where we are with the money. We currently
have an uncommitted Chapter 90 balance of $115,299. The FY07 appropriation of Chapter
90 is $445,131 and Mansfield received a supplemental $205,717 for FY07 and went over
the cost of each of the remaining projects for this year.
The current road bond balance is $248,000. To date, the road bond has been utilized
mainly for miscellaneous projects throughout the Town including: drainage improvements,
trench repairs, miscellaneous landscape improvements on Angell, Morini, Senecal, Summit,
r West Church and High Streets; structural repairs on West Street and Franklin Street;
miscellaneous sidewalk repairs and temporary leveling course on Brown Avenue.
Regarding the Mill Street culvert replacement, Mr. Cook said that we have a sink hole, so
we need to address that issue. Mr. Sullivan noted that a lot of utilities go down there.
Lee pointed out that we have estimated $65,000 but it will go out to bid. He noted that
the road will need to be closed down to replace the Mill Street culvert.
Mr. Azinheira went over the completion of structural repairs at Franklin Street and
continue on Fruit Street. We don't have the staffing to do it all ourselves, so we have
hired a company to help out. The balance of the road bond after the work mentioned
above is $90,000.
Mr. Azinheira noted that future projects include Francis Avenue - grind, binder and
overlay at a cost of $249,000. We considered a temporary overlay repair of 26 feet at a
cost of $53,000. We recognize that it really needs something done. The area where the
trucks tend to park would not be repaved. We hope to have enough money next year to
complete the project, as it is in dire need. Another project is the grinding, binder and
overlay of Branch Street; West Street (495 to Tremont Street) - grind, binder and
overlay; and Brown Avenue - grind, binder and overlay.
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Board of Selectmen Minutes of August 2, 2006
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r Mr. Azinheira added that Mr. Cook ran different scenarios and Mr. Azinheira provided
graphs to the Board members. If we do not continue to invest in our roads, the ~ondition
will continue to get worse. Mr. McCue asked that if we want to stay at the status quo, it
will be necessary to put in a million dollars a year.
Mr. Dentino asked how much money, other than Chapter 90 money, do we have for roadway
work. Mr. Cook replied that we went down in funding and that money is used for materials
and small projects, not for capital projects.
Mr. McCue asked how long the road bond is for and Mr. Cook replied that it is for five
years. Mr. McCarter asked about the state involvement in road projects. Mr. Azinheira
replied that the state is working on the Route 106 project, and they are working on the
Copeland interchange. Mr. Sullivan that the Otis Street bridge is on MassHighway's list.
Mr. Amoruso asked about the traffic rerouting during the Route 106 underpass, as he is
concerned about the portion of West Street, particularly near the car dealership. Mr.
Sullivan replied that as MassHighway gets closer, they will need to look at the condition of
area roads.
Mr. Dentino asked how much we are milling on Cabot and Forbes and Mr. Cook replied 2
r inches. Mr. Dentino asked how much are we milling on Fruit Street and Mr. Cook replied
that we are going to do it from South Main Street to the town line, skipping the newer
area at the airport. Mr. Azinheira added that there are some spots beyond the airport
that are in bad shape.
Mr. Azinheira asked the Board if DPW should do a temporary repair. Mr. McCarter noted
that the railroad tracks on Oakland Street are pretty bad. Mr. Cook said that DPW is
planning on trying to mill the approach approximately 10 feet to help alleviate the bump.
Mr. Dentino believes that the streets that are listed are viable projects but believes that
the list of streets that need work need to be ranked. Mr. Azinheira said that he tries not
to say exactly when projects will be completed because other things can come up.
Mr. Cook said that we can develop a list. Mr. McCarter noted that the Town Manager has
suggested a substantial bond. Mr. Azinheira noted that roads are an ongoing investment.
Mr. Azinheira said that when we come back next, we will have a more comprehensive list of
problem roads. The problem is that we do not have the money. Mr. Cook said th~t it is
hard to do a long-term plan when we do not know the money. Mr. Azinheira noted that we
need to budget approximately $600,000 each year for regular road maintenance and
upkeep.
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Board of Selectmen Minutes of August 2, 2006
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r Mr. Dentino asked about repaving on Route 106 underpass. Mr. Sullivan replied that it is
primarily with the confines of the underpass. Mr. Dentino believes that the portion of
Route 106 from Highland Avenue to Route 140 is the second worst road in town. Mr.
Dentino believes that we should look at traffic flow.
Mr. McCarter said that we get the message that there is not enough money.
Mr. Dentino asked about a right turn from Route 106 onto Franklin Street. Mr. Sullivan
replied that it is not a legal right turn and more land-takings would have been required.
The Board thanked Mr. Cook and Mr. Sullivan for attending.
Beth Dahlstrom, 30 Webb Place, #3, Mansfield, MA 02048
Mr. McCarter asked Ms. Dahlstrom to introduce herself. She is a long-term resident of
Mansfield and has an interest in providing options for people with housing needs and
r currently works for Community Opportunities Group as an Associate.
Mr. McCue thanked Ms. Dahlstrom for applying. He noted that it is an extremely
important board. He noted that Mansfield is trying to promote affordable housing. He
hopes that once we have a full board, they will become an active board. Beth feels that
her background, with her education and professional experience, makes her a good
candidate for the open position.
Motion: To appoint Beth Dahlstrom to the Fair Housing Committee/Local Housing
Partnership for a term to be determined later
(McCue - Amoruso) 4-0 Passes
Michael McClanahan, 104 Cottage Street, Mansfield, MA 02048
Stan Feck, 494 Stearns Avenue, Mansfield, MA 02048
Mr. McCarter invited Mr. McClanahan and Mr. Feck to the table and asked them to tell the
Board a little about themselves. Mr. McClanahan pointed out that he was once a member
of the Planning Board. Mr. Feck noted that he hopes his experience will be helpful to the
Board. Both applicants noted that they have more free time and would like to contribute
r to the Town.
Board of Selectmen Minutes of August 2, 2006
4
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r Mr. Dentino noted that he is happy that we created two associate positions. Mr.. Dentino
asked Mr. Feck if he feels there will be a conflict of interest, as he is a builder in town.
Mr. Feck said that he would abstain himself if necessary. He isn't really involved with
other builders or developers. Mr. Feck said that he spoke with Mr. Burke about a potential
conflict and doesn't forsee a conflict with projects other than his own.
Mr. Amoruso thanked both for applying and asked about which terms appeal to them. Both
replied that either term is okay and both noted that they have the time to commit. Mr.
McCue noted that the Planning Board is one of the hardest working boards and they make
very controversial decisions. Mr. McCue asked Mr. Feck about the volume of work he does
in Mansfield. Mr. Feck replied that it varies from year to year. He pointed out that in the
past couple of years, he has typically done 2 or 3 a year. He is starting to slow down.
Motion: To appoint Stan Feck as an Associate Member of the Planning Board for a term
ending January 1, 2009
(McCue - Dentino) 4-0 Passes
Motion: To appoint Michael McClanahan as an Associate Member of the Planning for a term
ending January 1, 2010
(McCue - Amoruso) 4-0 Passes
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Motion: To enter into executive session for the sole purpose of discussing current
litigation and return to open session at its conclusion
(McCue - Amoruso)
Roll Call Vote: McCue, aye; Amoruso, aye; Dentino, aye; McCarter, aye
4-0 Passes
There were no questions or comments.
DPW Director/Acting Town Manager Lee Azinheira, Town Engineer John Sullivan and
Robert Mangiaratti, Esq., Town Counsel were present for the discussion.
John Shipe, Fairfield Green at Mansfield LP; David Weiss, Goulston and Storrs; and Gary
McMillan were also present.
Mr. Azinheira began by saying that the sewer for Fairfield is proposed to run under Route
r 495. Fairfield had initially asked that he sign the MassHighway application for permit to
access state highway. Fairfield Green applied and MassHighway came back and said that
Board of Selectmen Minutes of August 2, 2006
5
r they only issue permits to municipalities. Mr. Azinheira signs similar permits every year
for water and sewer work installed in state roads, but this instance is different because
they will be maintaining responsibility in the future. He discussed this with Town Counsel
and we propose a Restrictive Covenant to run with the land assigning all responsibility of
the sewer installation to the owner of the land. The Restrictive Covenant will be approved
by Town Counsel and the Town Manager and also reviewed by the DPW Director and Town
Engineer. Mr. Azinheira added that Fairfield Green has also made a commitment of
$20,000 to the town's affordable housing trust fund.
Mr. Amoruso asked Mr. Azinheira about the use of the water line pipe. Mr. Azinheira
replied that it is good to know that it exists. Mr. Dentino asked if the 4-inch force main
goes under West Street. He is under the belief that having a sleeve under the highway is
a tremendous benefit to the town. He believes that jacking under the highway will cost -
more than $20,000. Mr. Dentino said that he doesn't want to give up access.
Mr. McCarter asked the representative from Fairfield had anything to add. Mr. Shipe
thanked the Board for discussing this issue. They submitted the MassHighway permit
about 6-8 weeks ago and it has had an impact to their schedule, so we can get back on
track. Mr. Shipe asked that the two issues be separated (sign permit and utilization of
sleeve).
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Mr. Amoruso aSked if both pipes are on town property. Mr. Shipe replied that it is a
combination of property owned by the state and the town. Mr. Azinheira added that we
are the applicant to MassHighway - we would then issue a road opening permit to Fairfield.
Mr. Amoruso noted that they would need to meet our standards.
Mr. Dentino asked how far apart the two pipes are. Mr. McMillian replied that they are
approximately 20 feet apart. He added that both pipes were abandoned during the
construction of Route 495.
Mr. McCarter asked what our legal obligation is to approve this. Atty. Mangiaratti said
that Atty. Jay Talerman was a party to the negotiations, but the clear intent is for the
Selectmen to grant permits for sewer connections. Mr. McCarter asked what local permits
were intended in this agreement. Mr. Sullivan noted that in the agreement that was
signed, the sewer connection permit was to be issued. DEP has agreed to sign the permit.
Atty. Mangiaratti read the section of the settlement agreement in question. Mr. Weiss
also referenced section 17 of the agreement. Mr. Weiss said that we intended to cover
additional issues that may arise.
Mr. McCarter said that he is having some difficulty expressing sympathy. Mr. McCue
r added that he echoes Mr. McCarter's sentiments. Mr. Amoruso said that the intent of
what we agreed upon was that this would something that we would be expected to do if
Board of Selectmen Minutes of August 2, 2006
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r something came up. Mr. McCue said that he is between a rock and a hard place. ,He is not
necessary comfortable overturning something the majority voted upon.
Motion: To table this matter - contact Jay Talerman for his opinion and review
(McCue - Dentino) for discussion
Mr. Amoruso asked how the tabling of the matter will impact things. Mr. Shipe said that
this will result in a delay. Mr. Azinheira pointed out we can approve, send the application
to MassHighway but that we do not have to issue a road opening permit.
Vote: 4-0 Passes
. Warrant No.4 in the amount of $1,418,373.57
Motion : To approve
(Amoruso - McCue) 4-0 (Mr. McCarter abstaining from check #355965)
Passes
. Warrant No.5 in the amount of $3,363,627.73
Motion : To approve
(Amoruso - McCue) 4-0 (Mr. McCarter abstaining from check #356181)
Passes
r · Regular Session Minutes of July 19, 2006 Selectmen's Meeting
Mr. McCue noted that he helped select the Foxboro recipient for the McGinty
Scholarship, not the Mansfield recipient, and asked that the minutes be changed to
reflect that.
Motion: To approve with correction
(Amoruso - McCue) 4-0 Passes
· Request for a road closure for a graduation party for Chilson Avenue, from Church
Street to Samoset Avenue for Saturday, August 5th from 3:00pm to 11:00pm (Request
was approved by Police and Fire - emergency access and proper signage re'rluired)
Motion: To approve i
(Amoruso - McCue) 4-0 Passes
· Half-Year Water Installers License for Oliveira Construction, 1100 GrandlArmy
Highway, Somerset ( Water Operations Manager is recommending approval)
Motion: To approve
(Amoruso - McCue) 4-0 Passes
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Board of Selectmen Minutes of August 2, 2006
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r · Request to hold the Billy Kelly 5K and 5Mile Road Race on Sunday, Novem*er 20th at
11:00am, starting and ending at the Mansfield Holiday Inn. (Police and F/~e have
reviewed and are recommending approval)
Motion: To approve
(Amoruso - McCue) 4-0 Passes
· Board needs to vote to sign the State Primary Warrant
Motion: To sign
(Amoruso - McCue) 4-0 Passes
· Board needs to vote to sign the town's Special Election Warrant
Motion: To sign
(Amoruso - McCue) 4-0 Passes
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· Bulletin from the DOR's Division of Local Services announcing a "What's N~w in
Municipal Law" seminar on Friday, September 29th in Springfield and againi on Friday,
October 6th in Randolph. !
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· Email from the Town Manager to Town Counsel asking whether the decisior of the
Planning Board from 1998 regarding lighting at Hutchason Field is legally ~inding. Town
Counsel wrote a letter dated August 2nd, which states that "Nothing in th~ Charter or
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elsewhere in statute or Town By-Laws indicates that the recommendation lof the
Planning Board is legally binding upon the Town." !
Mr. Amoruso believes that any vote by the Board is subject to change as tim~ go.es by. Mr.
McCarter asked that the Town Manager investigate this. Mr. McCue believes I that we are
the stewards of town property. The Board members discussed the opinion Ie ter from
Town Counsel.
· Copy of letter to the Town Manager from the MMA informing him that th town's dues
and membership rate will be the same as last year.
· Letter from the Mansfield Spring Brook Cemetery Corporation requesting funds from
the Deutsche Bank funds. Request was logged into database.
· Copy of a press release announcing that Lt. Governor Kerry Healey recentl~ welcomed
more than 50 companies to "Made in Massachusetts Day", including Samsonite.
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Board of Selectmen Minutes of August 2, 2006
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r · Route 106 reconstruction project update provided by the Engineering De artment.
The Mass. Highway contractor will not restart the Rt. 106 project from ope Street
to just past the East Street intersection at Flint Farm until the work on erizon poles
and wires are complete. The major work remaining is the replacement of he Canoe
River Bridge near the Highway Garage, and completion of the roadway pa ing and
signals. Verizon has made significant progress since May, but their work i expected to
extend into August. Once Verizon completes their work, the Mass. Highw y Contractor
will restart the roadway and bridge work. The estimated completion date for the
roadway work is still December 2006; however, the completion of the bri ge is now
expected in 2007. Mass. Highway has indicated that the traffic signals a the Flint
Farm intersection (East and Eastman Sts.) will be initially turned on flash ng yellow for
3 to 4 days and then be operational with red/green timed cycles in Augus .
The Acting Town Manager, Lee Azinheira, reported the following:
. We are moving along with the design contract for the wastewater treatm nt plant. He
has also met with a consultant to do a peer review of the project evaluati n report,
because of the amount of money involved with the design project. He ha spoken The
r cost of the design project is $1.335 million and the peer review is approx mately
$17,000, done by Woodard & Curran. We are trying to have bids before he next Town
Meeting so we can have numbers. Mr. Dentino asked about the weekly wa tewater
reports and a disparity between the figures from week to week. Mr. Azi heira replied
that the wet weather affects the figures. Mr. Dentino asked what we us Norton
water for. Mr. Azinheira replied that we use it for wash downs and we h ve decided to
include it in the weekly reports.
Mr. Amoruso: i
. We have a request for additional parking spaces and believes that we sho~ld have a
discussion with the public on the amount of additional parking. He suggests that we
should have public input on the appropriate number of spaces. Mr. McCar er noted
that the applicant has applied for an additional 100 parking spaces. Mr. Amoruso
believes we should notify abutters. Mr. McCue asked if we have granted n expansion
of commuter parking spaces and held a public hearing. Mr. Amoruso said hat as part
of the moratorium, the Board agreed to hold a public meeting to discuss he
appropriate number of spaces. Mr. Dentino believes that the demand is there right
,-.. now for additional parking. Mr. McCue asked if we can contact Town Coun~el to see if a
public hearing is required for parking expansion. Mr. McCarter said that If a public
Board of Selectmen Minutes of August 2, 2006
9
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hearing is not required, we will notify abutters with flyers for the tentative date of
August 16th.
Mr. Dentino:
· Asked why the annual review for the Town Manager keeps getting postponed. Mr.
McCarter replied that we have postponed the discussion on the raise, not the review.
· Requested an organizational chart of the Town down to the staff and department
heads. He received a chart but was told that a vote of the Board is required to get
the names of the people who fill the positions listed in the chart. Mr. Amoruso noted
that we have to be reasonable with the costs and time associated with the request.
Mr. McCarter said that the Town Manager is not here to defend himself and does not
know what the Town Manager said. Mr. Amoruso said that he does not understand why
we need to know the names of the people on the organizational chart - that is personnel
and is not the Board's business. Mr. McCue asked if Mr. Dentino went to the Town
Manager and Mr. Dentino replied that he did not. Mr. Amoruso noted that there is
typically a chain of command involved with requesting information.
· We took a vote on Brown Avenue/Brown Terrace a few weeks back. Mr. Dentino feels
he let the people of the community down by voting for the project without having any
knowledge of the project. He asked why the town would spend money to tear up a road
that has an overlay because it infringes upon two people's property even though the
town didn't put the road where it is now. He asked that the Board revisit the issue of
Brown Avenue/Brown Terrace. Mr. McCarter noted that there was no motion made to
reconsider.
Mr. McCue:
· He attended a bill signing for Chapter 34D, expedited permitting, today at the State
House. He would like to put it on the Fall Town Meeting Warrant and would like to
begin the process of educating the residents if we were to enact this local option bill.
He spoke with staff members of the Executive Office of Economic Development, who
indicated that they would be willing to come in and discuss the law. He asked that the
Acting Chairman schedule some time in September to have the officials come in.
Board of Selectmen Minutes of August 2, 2006
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Motion: To adjourn at 10:42pm
(Amoruso) 4-0 Passes
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Date of Approval
Signature of Clerk
Board of Selectmen Minutes of August 2, 2006
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