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HomeMy WebLinkAboutBOS MINUTES 11-3-19821. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. BOARD OF SELECTMEN AGENDA November 3, 1982 7:00 P.M. Meeting Opened for Correspondence Review 7:30 P.M. Meeting Called To Order Warrants Clerk's Folder Correspondence 7:45 P.M. Steven Conroy - Midget Football Association 8:00 P.M. Executive Session - Camp Dresser & McKee, Inc, 8:30 P.M. Paul Thatcher Minutes of October 27, 1982 Town Manager's Report Board Reports Adjournment BOARD OF SELECTMEN MINUTES OF MEETING November 3, 1982 PRESENT: Chairman McNair, Selectmen Colella, Mahana, May, Town Manager W. Chadwick Maurer, Jr. Selectman Levine arrived at 7:43 P.M. 7:30 P.M. Meeting called to order. * MOTION: That Selectman May be temporary clerk. Mahana /Colella VOTED: 3 -0. Wn� Antc * #24 - $634,483.89, town and school expenses, approved. May / Mahana VOTED: 3 -0. No clerk's folder this evening. It was asked if the check had cleared yet from No Place Special. Correspondence Accident report re: one police cruiser. Estimate of damage is $2,000. From Council 93 re: negotiations for DPW contract and Light Dept. contract. From Atty. Kelleher re: St. Onge's would like to apply for liquor license for Old Colony Diner. Town Clerk to be notified. Notice from Friends of the Library. From C. Mulcahy re: Jacob Williams Fund From DEQE re: water management package providing $357.5 million to cities and towns. Legal notice from Foxboro on Board of Appeals hearing. DEQE regulations on grants for wastewater treatment plant. Municipal financial data. Street light request - 12 Day Avenue and East Street near construction. * Payment request from J.M. Barges $12,973. Approved. May /Colella VOTED: 3 -0. From North Easton Board of Selectmen re: Zola Realty Trust Project. From ABCC re: needs a listing of officer for VFW and American Legion. Letter from Bristol Arms re: requesting 20 MPH signs and slow children. DEQE reimbursement approval for wastewater treatment plant. From Whitman & Howard re: operation of wastewater treatment plant. Town Manager to contact them as Board is interested in this. BOARD OF SELECTMEN MINUTES OF MEETING November 3, 1982 Page 2 From R.M. Bradley re: real estate appraisals. Inspection report from Corps of Engineers on wastewater treatment plant. Newsletter on firefighters fitness training program. Letter from Helen Glenn re: enforcement of vending truck regulations. Town Manager talked to Town.Clerk and none have come in yet for new licenses. Short discussion on who can enforce this, will check again with Town Counsel. From Sean O'Leary re: supporting Board of Selectmen. From Paul Folkman re: water grants to be signed. Hours to be set for special election December 13, 1982. * MOTION: To set hours for election 6 AM. to 8 PM. May /Colella VOTED: 3 -0. Radar violations and liquor disturbance calls from Police Chief. From Police Chief re: cruiser purchases and breakdown of repair costs. 7:45 P.M.. Stephen Conroy - Mansfield Midget Football Assn. Mr. Conroy came before the Board to request permission to conduct the Midget Football's annual tag day November 14, 1982 from 1 - 5 P.M. * MOTION: To grant permission to the Mansfield Midget Football Assn. to hold their annual tag day, Sunday, November 14, 1982 from 1 -5 P.M. May / Mahana VOTED: 4 -0. Correspondence Notice from MMA. Notice of public hearing, DPU re Hazardous waste newsletter. Letter from Dept. of Revenue re: Services. CONRAIL info, material issued by Div. of Local From Michael Bombas re: application for constable. From Whitman & Howard re: Mill Street Wells. DEQE has withdrawn their approval of this site because of nitrate levels approaching 5 ppm. A study must be conducted before this well site is approved. Selectmen Mahana & McNair noted that they went up to Whitman & Howard about a month ago and have not seen any correspondence from them recently. Board would like them to come in next week at 8:30 P.M. BOARD OF SELECTMEN MINUTES OF MEETING November 3, 1982 Page 3 Minutes of October 27, 1982 Selectman Levine would like to add to hericomments on special counsel that she had no input to his hiring. * MOTION: To accept them as corrected. May /Mahana VOTED: 4 -0. Board was polled to go into executive session with Camp Dresser & McKee with reason being possible litigation on interceptor sewer line. Board was polled 5 -0 in favor. These minutes are typed separately. Town Manager's Report Town Manager had a list he gave to the Board of persons working for Peter Fontanini who would like parking stickers for their cars so that they will not get parking tickets. The people who live in the rooming house have stickers. It was noted that Mr. Saunders was willing to let them use his parking lot as long as they had a hold harmless agreement on it. There was a question on insurance. * MOTION: To take it under advisement for parking stickers. May /Levine VOTED: 4 -0. Board Reports Selectmen Levine & Colella did not have any reports this evening. Selectman May asked about the tax rate. J. Cutillo & B. Hagg will be in later. Selectman Mahana asked about status of Bodganchik property. Town Manager received information back from Ralph Maloon on Monday. He has been trying to contact Mr. Bodganchik to meet with him. Regarding the Webb property, agreement has been signed but the Webbs have not signed it yet. He then asked if a department head wanted to fire an employee would it need the Town Manager's approval. He noted that Priscilla Carlson, with 26 years of service was extended 3 weeks of sick leave and told to apply for retire- ment. He received a call from Priscilla's cousin who told him that Mr. Earls went to see Priscilla and told her there would be no more pay checks and to apply for retirement as they do not want her to come back to work. He asked for the doctor's name and called her. The Doctor noted that she was very depressed about it and that Priscilla told her the same story. * MOTION: To advance 4 weeks sick leave. Mahana /No second. Town Manager noted that she does deserve consideration and is embarrassed that it has to be discussed like this. He has not received a formal re- quest and it does not require a formal vote of the Board. She has to request her retirement. He did extend 3 weeks sick leave to her when he came back from suspension. He suggested that they discuss it in executive session after the meeting. BOARD OF SELECTMEN MINUTES OF MEETING November 3, 1982 Page 4 Chairman McNair noted that he received a complaint about a tree at BayBank. He also received a call from Ed Morrison last week about 911 phone calls. Town Manager spoke to him and Police & Fire Chiefs. He is concerned about who caused the accident. Chairman McNair then gave a status report on Board vs. Town Manager. He noted that the letter of intent had been sent on November 2, 1982 with the Board's charges. They will waft for his reply and if any developments occur, they will be released. He also noted that the Board has not changed their vote. Paul Thatcher - Elm Street Mr. Thatcher came before the Board with a report on an incident he was involved in last year as the case was finally settled out of court. He then related a series of events involving William Graham, a ranking sergeant in a neighboring town. Mr. Graham had assaulted him with a check writing machine, an engine piston, etc. Two of his employees, Allen Pillsbury and William Turner were also present when this occurred and helped Mr. Thatcher. They had also called the Police Dept. for help. Officer McCarthy was the investigating officer who arrived at the scene. While Mr. Thatcher was at the hospital, his employees went to the police station and made out statements of what happened. Officer McCarthy took the piston as evidence. No copies of the employees statement were made at the time they filled them out. Officer McCarthy then questioned Mr. Thatcher about his attack dog which he claimed was on Mr. Pillsbury's statement. He noted that there were several discrepancies on Mr. Pillsbury's statement that did not agree with Mr. Thatcher's statement. He would not allow Mr. Thatcher to read Mr. Pillsbury's statement at that time. Copies were finally made of their statements all of which were accurate with no discrepancies. noted. Mr. Thatcher then went to see Police Chief Earls who noted that the matter was under investigation. He felt that more should be done about it as no one had talked to Mr. Graham as yet. It was noted that if Mr. Graham was charged with a felony he would lose his job. It was also not necessary to put an APB out on him as they knew where he was. He was never brought in for questioning though. Mr. Thatcher went to the State police in Foxboro as he was concerned for his safety. State police were reluctant to interfere and especially with Mansfield because of their lack of leadership, things might move slowly. After this, Officer McCarthy called Mr. Thatcher and told him that he had finished his investigation and determined that no assault took place. Mr. Thatcher asked him about the piston and if he took finger prints. He replied that he did not as the piston was oily and that no further investigation was necessary. Mr. Thatcher felt that Officer McCarthy was covering up for Mr. Graham. He then consulted his attorney and had a show cause hearing at which time Officer McCarthy defended Mr. Graham. He was asked to sign the charge of assault and battery which he would not. Another hearing was scheduled for the felony charges which was postponed because Officer McCarthy was not notified. The case was dismissed and he then went to the District Attorney for help. In March, 1982 he requested an investigation from the District Attorney on the matter. He wrote a letter to the Police Chief and Town Manager for their help. Police Chief noted that it was being investigated and Town Manager noted that it was a police matter. In September of this BOARD OF SELECTMEN MINUTES OF MEETING November 3, 1982 Page 5 year, Mr. Graham was finally arrested for assault and battery charges. What he asked the Board was why he had to do all of this work on his own with no support from the Police Department or anyone else. Town Manager asked him to read the letter he wrote to Mr. Thatcher -which he did. Mr. Thatcher asked Town Manager to investigate Jesse Earls, not his assault case. Joan Cutillo & Barbara Ha g - Tax Rate As a follow up to last week's discussion on setting the tax rate, there are two problems. One is the certified balance sheet that is required and the other is the appropriation from the stabilization fund. Last week they went into Boston. The stabilization fund appropriation is okay, but the Bureau of Accounts wants a certified balance sheet this year. The Bureau of Accounts is requiring that no town have a revenue deficit, and the town does have a revenue deficit because of a problem relating to free cash available. What they would like is to have the Board write a letter to the Bureau of Accounts to send someone out to look at the books and verify that the figures are true. MOTION: To request the Bureau of Accounts to come down and determine if there is a deficit. Mahana /May VOTED: 4 -0. Town Treasurer noted that the town will be charged for this and that is why they need a formal request. As soon as the letter is received by them, they will be down. This will be holding up the tax rate until the problem is resolved. She is accepting payments, but cannot give out estimated bills. She also had bonds to be signed by the Board for FHA water project ($500,000) including Prescott wells. Chairman McNair asked flown Counsel about CATV lease agreements. He will be meeting with Mo Prasad tomorrow. MOTION: To go into executive session to discuss details of a personnel situation and not to come back into open session. Mahana /May VOTED: 4 -0. There being no further business, open meeting was adjourned at this time.