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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. 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