HomeMy WebLinkAboutBOS MINUTES 10-6-1982BOARD OF SELECTMEN
AGENDA
October 6, 1982
1. 7:00 P.M. Meeting Opened for Correspondence Review
2. 7:30 P.M. Meeting Called To Order
3. Clerk's Folder
4. Warrants
5. 7:45 P.M. Theda Hornung - Advertisement for Council On Aging
Vacancy
6. 7:55 P.M. Mitchel Seifert - Master Plan Update
7. 8:00 P.M. Public Hearing - Old Colony Railroad Right -of -Way
8. 8:30 P.M. Public Hearing - New England Telephone
9. Correspondence
10. Minutes of September 29, 1982
11. Town Manager's Report
12. Board Reports
13. Adjournment
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
PRESENT: Chairman McNair, Selectmen Colella, Mahana, Levine, May, Town
Manager, W. Chadwick Maurer, Jr.
7:30 P.M. Meeting called to order.
Clerk's Folder
License for Mansfield Motor Inn, All Alcoholic Beverages. Town Clerk would
like to know if license should be typed out now or to wait until the building
is complete.
* MOTION: To not type license up until the building is complete.
Levine /Colella VOTED: 4 70.
1982 state election on November 2, 1982 polling hours to be set by the
Board.
* MOTION: To set polling hours for state election from 6 A.M. to
8 P.M. Levine /May VOTED: 4 -0.
It was asked if charter changes could go on this election or the annual
election. They have to be put on the annual election in March.
License renewal for jukebox at Jack's Cafe.
* MOTION: To approve license renewal for jukebox at Jack's Cafe.
May /Colella VOTED: 4 -0.
All Alcoholic Beverage, common victualler's license for Dagg's Lounge,
to be signed by the Board. Clerk Levine read a letter from Police Chief
to Mrs. Langill regarding unpaid police detail bill of over $1,000.
* MOTION: To put on hold and have owner and manager come in to
Board meeting next week to explain why bill has not
been paid to the Police Department. Mahana /Colella
VOTED: 4 -0.
Warrants
* #19 - $387.00 revenue sharing, approved. Levine /Mahana VOTED: 4 -0.
* #18 - $397,936.05, town and school expenses, approved, Mahana /May
VOTED: 3 -0 Levine abstained.
Jurors
Derek B. Harris, 5 Erick Road, Apt. 22
Robert B. Fluckiger, 1 Bonney Lane, Apt. 31
/ Lise Bellavance, 59 Church Street
Jeremiah F. Long, 55 Campbell Street
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
Page 2
7:45 P.M. Theda Hornung - Advertisement for Council On Aging vacancy.
Mrs. Hornung explained to the Board that two current members on the
Council do not wish to be reappointed when their terms expire in
December. The Council would like to submit an ad to the press to
advertise for the vacancy left by Rev. Flug. Board agreed to have
the Council advertise for the vacancy.
Correspondence
Notice from C.E. Maguire re: appointment of Steven Rose.
Street light requests from 96 Union St., 1013 East St., 70 Bellavista Ave.
and 885 School Street
Letter from Student Council at Mansfield High School requesting permission
to conduct a bake sale outside the gym on election day. This will be
from 8 AM. to 2 P.M.
* MOTION: To approve student council's bake sale outside the gym
on election day subject to School Committee approval and
to waive any fees, if required. Mahana /May VOTED: 4 -0.
Invitation from American Legion to installation of officers on October
9, 1982 at 7:30 P.M.
Veteran's Council requesting Board of Selectmen to march in Veteran's
Day parade on November 11, 1982.
From EOCD re: approval of revitalization plan for another two years.
From DEQE re: 50% reimbursement for chemical costs for wwtp.
Bill Handy will fill out report.
From Senator Tsongas re: tax equity and fiscal responsibility act.
DPU hearing on purchase of insurance from Nuclear Electric Insurance Ltd.
From Disabled American Veterans requesting permission to conduct their
annual Forget -Me -Not Drive at Fernandes and surrounding area on October
6, 7, 8, 9, 1982.
* MOTION: To approve DAV's Forget -Me -Not Drive on October 6, 7, 8,
9, 1982. Mahana/Colella VOTED: 4 -0.
Invitation from Self -Help to their annual meeting on October 8, 1982
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
Page 3
Letter from Town of Foxboro requesting another meeting with Board to
discuss wastewater treatment plant agreement on Monday, October 18, 1982
at 7:30 P.M. in Foxboro Town Hall. This will be put on hold until later.
7:55 P.M. Mitchel Seifert - Master Plan Update
Mr. Seifert handed out application forms for various committees for
revising and updating the master plan. It has been 10 years since it
was updated. There will be 7 committees and no subcommittee will be
allowed to make independent reports. Selectman Mahana commended the
Planning Board for their help and that it is a good idea.
Correspondence
Letter from Jimmy's Pub re: accidents entering and exiting pub parking
lot because of ,lack of visibility. Was referred to Paul Folkman.
8,00 P.M. Public Hearing - Old Colony Railroad Right -of -Way
Present were Planning Director Folkman, Mike Everett and Mike Halloran
from Everett Associates. Mr. Folkman noted that this was the third public
( meeting on design of the right -of -way public parking. There was a pro -
posal to close Samoset Ave. and Shawmut Ave. He would like to update
the Selectmen on the design work and hear some of the problems from the
residents in the area. He noted that $5,000 has been donated by the Rotary
Club and that we received a $367,500 grant. Chairman McNair opened the
hearing up to the public. Henry Maurer, 8 Samoset Avenue noted that he is
in favor of the design and would like Samoset Ave. blocked off. Would
also like Church Street to be made a two -way street. They are concerned
about fire trucks reaching the houses in the area. Mr. Bud Bales was
concerned about his trucks making the turn onto Bristol Street. He would
like to have truck access through the right -of -way. Mr. Robert Jackson,
55 Court Street is opposed to the plan because of increased traffic. Mr.
Laurence Jackson, 32 Church Street noted that he was not talked to and
that representatives of St. Mary's Church were not notified. The traffic
problem is already bad. Funds have.to be approved by the Downtown Advisory
Committee before being used. Church Street used to be a two way street.
Would access be made easier on Church Street? Mr. Bart Jackson, 28 Court
Street, noted that there is no way to go from Old Colony Way to Court Street.
Mike Everett noted that Church Street is a problem, along with Court Street
as Court Street is very narrow. Bob Jackson is against the plan as the
recommendations on the plan for Court Street is that it should be widened
five feet provided that it not take any existing trees. Mr. Everett noted
that they would like to bring the street into alignment with other streets
in the area. Mr. Ken Carlson asked if it could be sectionalized into
public parking in certain areas with public road in others with walkway.
Mr. John White, 152 Court Street noted that Count Street is impossible now
( as there is no vision and street is narrow. He is opposed to it. Mrs.
Joanne Colella noted that she is in favor of the basic concept and would
like to see it carried through to Cedar Court and have it developed as a
walkway for the senior citizens.
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
Page 4
Sharon Brown, 14 Bristol Street is in favor of the plan. She is concerned
about fire trucks reaching the house in an emergency and trucks going down
Church Street on CCD nights. Mr. Delage noted that he thought it was going
to be a walkway. He is concerned about traffic on Court Street. Fire
Chief Leonard noted that Court Street would not be to their advantage if it
was open or not. They need access to all of Back Bay and some of the angles
are wrong. He also agreed that Church Street was a problem. Sidewalks do
not line up on Church Street, also. He is concerned about the design of the
right -of -way. Mr. Delage noted that there is also a problem with town owned
parking lots. Mrs. Cabral, Park Street thinks that two way parking on
Bristol Street is a problem. It might be made one way to Church Street
going east. Court Street has the same problem. Selectman Mahana felt that
a further study should be done from the grant money and explore the next
stage. Main problems are on Church Street and Court Street. He supported
Paul Folkman's idea to go forward with grant money. Mr. Amici asked if
there were any drains on Old Colony Way. Mitchel Seifert suggested the
Downtown Advisory Committee study the work done by Everett Associates and
to let them talk to the people prior to spending any money. The Board is
in control of thelland there.
MOTION: To take it under advisement and have the Downtown Advisory_
Committee look at it and set an agenda to address the
problems. Mahana /May VOTED: 4 -0.
Hearing closed at 8:51-P.M.
8.50 P.M. Ken Carlson - New England Telephone Public Hearing
Mr. Carlson noted that they would like to do the work this year before
the street is paved. The sewer main will have to go in first as it is
deeper in the ground. He has talked to the DPW Director and there will
be one lane open at all times except for one day when they cross Thomas
Street. Selectman May was concerned about the intersection and traffic
backed up. It will take about 5 weeks to put sewer in on Main Street.
They will probably start telephone work around November 1. Mr. Farinella
noted that if it is done properly, they would be satisfied.
MOTION: To grant permission to New England Telephone to lay conduit
down subject to agreements with DPW Director and as outlined
tonight. Mahana /Colella VOTED: 4 -0.
Correspondence
Request from New England Telephone to relocate poles on Pratt Street.
Hearing date to be set.
MOTION: To set hearing date for October 20, 1982, 8:00 P.M.
Mahana /Levine VOTED: 4 -0.
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
' Page 5
* Bill for $375.00 from Bradford Johnson for services rendered on Pino
case. Approved. Mahana /Levine VOTED: 4 -0.
Letter from Library Trustees re: Jacob Williams Fund.
Letter from Library Trustees re: Handicapped parking in front of the
library.
* MOTION: To grant two parking spaces in front of the Library for
handicapped parking only.subject to Police Oepartment
approval. Mahana /Colella VOTED: 4 -0.
Regarding bonds that were signed,
* MOTION: That the Board of Selectmen approve temporary borrowing
of $231,200 for the FHA water project and $800,000 for
the sewer project. Levine /Mahana VOTED: 4 -0.
Report from Municipal Bldg. Committee on salt shed.
Reports from police department re: radar and liquor disturbance calls.
Letter from Supt. of Schools requesting permission to call special town
meeting. Chairman McNair noted that the Board had reviewed it last week
and that there were no available funds. It was mentioned that the School
Committee was unaware of what had happened last week and that they did
not receive the figures prepared by the Town Manager. John White noted
that the Finance Committee voted to approve no special town meeting this
year. Chairman McNair apologized to the School Committee for not having
the information forwarded to them.
* MOTION: To make information available to the School Committee
for them to make a determination. Mahana /May VOTED:
3 -0 Levine abstained.
Letter from Town Counsel re: vending trucks. There is no ceiling on
fees. School Supt. concerned about trucks on school property and parking
on East Street.
* MOTION: That all vending trucks would have to be licensed by the
Town of Mansfield for an annual fee of $50.00 per truck.
May /Mahana VOTED: 4 -0.
* MOTION: That the Board set restriction for vending trucks, that
they park no closer than 500' of property line of similar
businesses and 1000' from property line of schools, muni-
cipal buildings and churches and also, that they have to
adhere to all town traffic and parking by -laws. May /Colella
VOTED: 4 -0.
Town Manager felt Board of Health should be notified and vending companies
be notified of this decision.
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
Page 6
{
* MOTION: To make it effective November 1, 1982. May /Mahana
VOTED: 4 -0.
Letter from Town Counsel re: Cabot Pond Restoration
* Minutes of September 29, 1982, approved. Mahana /May VOTED: 4 -0.
Town Manager's Report
Town Manager noted that Paul Folkman and Ralph Seifert are working on
the meeting with industrial community. They are putting together an
agenda and meeting is set up for October 29, 1982. Will be a morning
meeting at the Town Hall with refreshments available. .
Regarind waiving the fees for the Housing Authority, Mrs. Colella has
agreed to have contractor pay 65 %. Building Permit is to be waived
completely.
Police Chief Appointment
Town Manager Maurer noted that he went through the process of inter -
viewing applications for the position of Police Chief. Seven people
were qualified for the position and two came in to sign the list that
they would be interested in it. Two weeks ago the position was offered
to the top candidate who declined to accept the position. He has talked
to the other applicants and he will not be making the appointment from
the list. He has notified Civil Service that another examination will
be held in February for the Police Chief's position, and will be an
open competetive exam. Jesse Earls will continue on as the provisional
Chief. Chairman McNair mentioned that he has discussed this with the
Town Manager and that the Board is unanimously opposed to the appointment
of Mr. Earls as Police Chief in that capacity. At this point in time,
Selectman Mahana read a statement that he had prepared. A copy of this
is attached. After reading the statement, the following votes were taken.
MOTION: To direct Town Counsel to contact the Attorney General's
office for an investigation into a possible conspiracy
and that the appropriate legal action be pursued. Also,
that the Town Manager be suspended with pay for a.5 day
period and that he not be allowed into private offices,
safes and files available to him. Mahana /Colella VOTED:
4 -1 Levine opposed.
MOTION: That the Board of Selectmen, in accordance with Chapter 9 -7
of the Home Rule Charter, deliver a written statement with
the intent to remove him as the Town Manager of the Town
of Mansfield. Mahana /Colella VOTED: 4 -1 Levine opposed.
Selectman Levine was violently opposed to this action and noted that if
they were removed because of an appointment or recommendation that every
one of them would be out of office. She is opposed to what the Board is
trying to do and wanted to know why there was no discussion of this action.
She did note that she was against the reappointment of Jesse Earls as
BOARD OF SELECTMEN
MINUTES OF MEETING
October 6, 1982
j Page 7
provisional Police Chief, but feels the Town Manager is being railroaded.
Attorney O'Brien was opposed to the Board's action.
* MOTION: That Chairman McNair be acting Town Manager until temporary
appointment can be made. Mahana /Colella VOTED: 3 -1
Levine opposed.
Selectman Mahana would like to check with Town Counsel to rescind appoint-
ment made today by the Town Manager.
* MOTION: That we rescind the appointment of Jesse Earls as acting
Police Chief and appoint the ranking Sgt. Figuerido to be
head of Police Department subject to Town Counsel approval.
Mahana/ Ruled Out Of Order by Chairman McNair.
Selectman Levine apologized to the Town Manager and noted that she was
sorry.
* MOTION: To adjourn meeting at this time. Mahana /Levine VOTED:
4 -0. 10:03 P.M. Meeting adjourned.
Attachment to minutes: Statement prepared by Selectman Mahana.
Mr. Chairman, I make these statements for the members of this board and their
families who have suffered abuse, harassment and mental anguish, and for the majo-
rity of the members of the Mansfield Police Department who have had to endure these
and bbher abuses of power or face punishment for speaking out.
A year ago the Selectmen attempted a charter amendment to allow them once again to
serve as Police /Fire Commissioners. I would like at this time to use some phrases o
quotes from the Mansfield News of Oct. 16th, 1981.
�}pyJE�l &(L
1, "I'm deadset against it, I don't think amateurs, adsas well meaning as they migh
be, trying to act in a professional way ".
A. Had we had access, acts, which y-Ou came to know of after yob conducted a 2 day
investigation showed that: /t)
a. Some members of the Police Departments using narcotics, but theres nothing
you or the Chief can do about it.
b. The hiding of warrants of individuals for the protection of racketeering.
c. Abusive use of alchohol resulting in official treatment, yet allowing the
continued carrying of a weapon among the public.
d. The loss of a pistol 2 weeks ago, and no report has been given to the board
regarding this act.
e. This is not what I would call professionalism, rather an insult to the majorit
of the members of the Department and to the citizens of Mansfield.
2. That the original charter intended to "get the politics out of the Police Dept"
`7 Had we had access, none of the above would have been allowed to continue, and
those that perpetrated these offenses would not have been rewarded with prefer-
ential shifts or positions. Lying, cover -ups and false reporting by the Police
is an intolerable situation and cannot be allowed to continue.
3. "Admission of witholding information on the police log from a selectman /Cl%lZL-;
am prepared at this time'Eo firing action for continued violation of Chap 41,
Sec 98F of the MCL "s, and to press for redress and Chap 66, Sec 15 & 16 which
upon conviction, calls for a $500 fine, a year in prison, or both.
4. Its a power grab by Selectmen
1 Ons e- eontrary, fist o € -aH selectmen serve 3 year terms whereas Police /Fire
r Chiefs serve lifetime tenure. Rak* xikxaiRaxiyxgeiinksxaaxkxkkexdangexxkkak
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