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HomeMy WebLinkAboutSELECTMENminutes12302008-20090319102147 Town of Mansfield Board of Selectmen Minutes of December 30, 2008 Present: Chairman Sandra Levine, Vice Chairman Ann Baldwin, Clerk Kevin Moran, Selectman George Dentino, Selectman Jess Aptowitz, Lee Azinheira, DPW Director Lee Azinheira, DPW Director and Mark Cook, Highway Operations Manager were present to discuss the need for seasonal help. Mr. Azinheira stated that this is a follow up discussion from the last meeting regarding the need for a temporary "as needed" laborer for snow shoveling. Mr. Cook followed up with comments regarding the reasons for utilizing such a person. Selectman Aptowitz stated that he is hesitant to add a laborer, even a temp, during these tight fiscal times. He is not specifically referencing this situation but all the times that each department has a need. Perhaps we could shift personnel around as needed. We need to cut back and unfortunately some things will not get done or done in a timely manner. Selectman Moran stated that while he supports Selectman Aptowitz's stance he realizes that hiring this person will cost less than pulling a person off of a snow plow to do the work. Selectman Dentino also concurred that while he agrees with Selectman Aptowitz as well he sees the need for the temp. FinComm Chairman Andy Gazzolo spoke about the fiscal reality the town is facing. If we hire this temp, which is not budgeted for, the money needs to come from somewhere. Something else will need to be cut to pay for this. Mr. Azinheira stated that utilizing this option will actually save the town money as this person will not earn time and a half like a staff person nor will a more expensive plow truck driver have to be pulled off the streets to shovel. The only way the town will save more money is to not have the sidewalks shoveled at all. Motion: To allow hiring of temporary "as needed" laborer. (Baldwin/Dentino) 4:1 passes Aptowitz nay. Mr. Azinheira requested the board vote to allow deficit of the snow and ice budget. The DPW will also have to request the same of the FinComm. The budget is already overdrawn $75k and has not paid for another shipment of salt. Motion: To allow deficit spending of snow and ice budget. (Moran/Baldwin) 5:0 passes Board of Selectmen Minutes of December 30, 2008 . Warrant No. 26B in the amount of $1,028,903.54 Motion: Approved (Aptowitz/Baldwin) 4:0:1 passes · Warrant No. 27 A in the amount of $1,257,011.80 Motion: Approved (Aptowitz/Moran) 4:0:1 passes . Catman Cate. music machine license application. Motion: To approve Cat man Cafe music machine license (Aptowitz/Moran) 5:0 passes . Cat man Cafe all alcohol license application. Motion: To approve Cat man Cafe all alcohol license. (Aptowitz/Baldwin) 5:0 passes . Catman Cafe Common Victualler license application. Motion: To approve Catman Cafe Common Victualler license. (Aptowitz/Baldwin) 5:0 passes . SetPoint Athletics wine and malt license application. Motion: To approve SetPoint Athletics wine and malt license. (Aptowitz/Baldwin) 5:0 passes . SetPoint Athletics Common Victualler license application. Motion: To approve SetPoint Athletics Common Victualler license. (Aptowitz/Baldwin) 5:0 passes . Geno's Restaurant & Cafe music machine license application. Motion: To approve Geno's music machine license (Aptowitz/Moran) 5:0 passes . Regent Cafe music machine license application. Motion: To approve Regent Cafe music machine license (Aptowitz/Baldwin) 5:0 passes Board and Committee renewals for 2009 Howard Fiske Airport Commission Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Lou Andrews Airport Commission Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Greg Matoian Assessors Jan 2012 Motion: Appoint to three year term. (MoranlBaldwin) 5:0 passes Norma Smith COA Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Board of Selectmen Minutes of December 30, 2008 2 Sonia Walgreen COA Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Jack Goldberg Finance Committee Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Charlene Lavin Finance Committee Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes John Walgreen Board of Library Jan 2012 Motion: Appoint to three year term. Trustees (Moran/Baldwin) 5:0 passes Robert Barry MBC Jan 2014 Motion: Appoint to five year term. (Moran/Baldwin) 5:0 passes Donald Cleary Planning Board Jan 2014 Motion: Appoint to five year term. (Moran/Baldwin) 5:0 passes Shawn MacDonald, Associate Planning Board Jan 2014 member Motion: Appoint to five year term. (Moran/Baldwin) 5:0 passes Kevin Kemp Recreation Commission Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Philip Shannon ZBA Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Chuck Boehm NPGF Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Leonard Flynn Canoe River Committee Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Joe DeGirolamo Board of Health Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Michael Healey Board of Health Jan 2012 Motion: Appoint to three year term. (Moran/Baldwin) 5:0 passes Paul Boyden Conservation Jan 2013 Motion: Appoint to four year term. Commission (Moran/Baldwin) 5:0 passes Nancy Breef-Pilz Board of Library Jan 2012 Motion: Appoint to three year term. Trustees (Moran/Baldwin) 5:0 passes Board of Selectmen Minutes of December 30,2008 3 · Letter from Chief O'Neill regarding issues with Verizon FIOS pedaling. Selectman Dentino would like to have information regarding how to contact Verizon on the website. However the board decided a link would be better. · Letter from John re: waste water purchase from Town of Easton. Lee Azinheira is standing in for Mr. D'Agostino during his vacation. He addressed a piece of DPW business regarding IMA business. He will provide the board with all the information to review at a meeting later in the month or in February. Follow up on River Street parking lot snow removal. The adjacent property owner is going to allow the town to push the snow off the lot onto his property instead of removing it from the site. Town counsel is currently reviewing the proposal. Utilizing this opportunity will save the town a lot of money in snow removal costs. Follow up on water division water award from NE Water Works. This is a recognition award with no money but it may set the town up for receiving funds in the future. · Old business from Chairman Levine: None . Old business from Selectman Dentino: None . Old business for Selectman Moran: Wanted to make sure the board will receive the draft budgets on Monday. He will check with the town accountant tomorrow. . Old business from Selectman Aptowitz: Please ensure that Mass Highway will be addressing the Rt. 140 turn signal issue. It is a big issue with the residents and will cause an accident. Please make sure that Mr. D'Agostino is following up with the MBTA for future contracts. · Old business from Selectman Baldwin: How much money did we get back from insurance re: Mr. D'Agostino's accident? The secretary will check with the town accountant. Board of Selectmen Minutes of December 30, 2008 4 · New business from Selectman Baldwin: None . New business from Selectman Aptowitz: Would like Lee to ask Gary Babin if Linen and Things are current with electric bill. They are now closed and the store is lit up all night. · New business from Selectman Dentino: He has been thinking on this for awhile and has given this idea a lot of serious thought. Even taking personalities out of it, we have five hard months ahead of us; as such the board needs to move quickly and more smoothly than it has. In an effort to do that he is making a motion to replace Mrs. Levine as Chairman. Motion: To reorganize the Board of Selectmen and nominate Selectman Baldwin as the new chairman. (Dentino/ Aptowitz) 3:2 passes (Levine/Moran nay) Discussion: Chairman Levine asked Selectman Dentino what she did to deserve being replaced, what has she been deficient in? She has not behaved in an egregious manner or violated any laws to warrant this motion. Selectman Dentino declined to elaborate on his reasons for this motion to replace her. Chairman Levine requested clarification again as she believes such a motion is a sanction against her. Selectman Dentino again declined to elaborate stating the Charter says reorganization of the board can be done at anytime. He does not think of this move as a sanction against Mrs. Levine, he just believes it would help the board move forward in a more efficient manner. Selectman Moran stated that if the motion were to pass that reorganization would not be done until the following meeting under their policies and procedures manual. He further stated that he is not surprised that Selectman Dentino made such a motion as it has been brewing since October. He previously had talked to Mrs. Levine about the possibility of her stepping down from the Chairmanship as some of the board members had stated that they were not happy with her. He was also told that it would not be brought up in a meeting until the votes needed were secured. As it is now being discussed he assumed the votes are there and it will happen this evening. He too believes this action is a sanction against Chairman Levine and isn't surprised at anything this board does anymore. Chairman Levine asked Selectman Dentino if anyone had discussed this action with him and if he felt that he had the votes to remove her as Chair this evening. Selectman Dentino stated he didn't need to discuss it with anyone and he didn't know what the vote would be. He just felt that the meetings would be better facilitated under a new chairman. Board of Selectmen Minutes of December 30, 2008 5 Selectman Baldwin also mentioned that she too was approached about Chairman Levine and she voiced her concerns with her at that time. Selectman Baldwin had also wanted to have an executive session where the board could all voice their issues with the Chair however this was not an executive session issue so now they are discussing it here in open session. It was stated that certain board members were not happy with Mrs. Levine's style of leadership as she let people talk too long, not long enough, talked down to them and was curt with members at times. Chairman Levine stated that she always tried to let the board members speak their mind and, if anything, did not talk too much herself as to give the other members more time when needed. Selectman Dentino disagreed with that statement. Selectman Aptowitz added that he often watches the meetings a couple of times during the weekend and he does not feel the board is getting a whole lot done. They get mired in small matters and important issues seem to linger on from meeting to meeting. The board needs a strong leader that will get the town through these tough times and that isn't happening. For instance, the RFP to have special counsel review Mr. D'Agostino's contract was voted in August and still nothing else has been done on that. Chairman Levine stated that if an item is important to a member of the board that they should request that it be placed on the agenda sooner rather than later. Selectman Aptowitz stated that board members shouldn't have to remind the Chair of issues once they have been voted. Selectman Baldwin also stated that the RFP was on the agenda to be discussed again next week. Selectman Moran then stated that the RFP was brought up by Selectman Dentino in August while Chairman Levine was away. He had the votes needed to move forward with the process then and didn't do it. Even when Chairman Levine returned Selectman Dentino still had the votes needed to move this issue forward and yet did not do so. So to say that Chairman Levine has stalled issues and items on agenda is inaccurate. It was out there and just withered on the vine do to inaction by the board members. Selectman Dentino had the votes and did not act upon it; it is not up to the minority of the board (Levine/Moran) to push this issue forward. Selectman Moran actually abstained from the vote during this August discussion as to not hold up the process even though he did not agree with it. Selectman Dentino felt that his desire to remove Chairman Levine did not center around the RFP process. However, Selectman Moran stated again that it has been brought up several times and nothing comes of it. Once again Selectman Dentino called for an immediate vote to replace the chair. Chairman Levine then read out Board of Selectmen Minutes of December 3D, 2008 6 of the Selectman Policies and Procedures book that it can be voted at this meeting to reorganize but not implemented until the next meeting. Stating further that any member of the board can request to have an item placed on the agenda and no one but Selectman Baldwin has done so. Selectman Aptowitz then stated that he was under the assumption that once an item was voted it would be addressed in a timely manner. Chairman Levine stated that she put this particular item on the agenda three separate times and it was never fully discussed. After a brief discussion on who should be doing what, Chairman Levine asked Selectman Aptowitz if anyone had influenced him in making any decisions. Chairman Levine then read an email sent to Selectman Aptowitz from Pam Gagnon and cc'ed to Selectmen Dentino and Baldwin stating that she (Pam Gagnon) had talked with George and understands that he has a tough decision to make tonight and her thought are with him in reference to removing Mrs. Levine as the chair. Selectman Baldwin stated that while she was cc'ed on the email she did not receive it as the wrong email address was used. An argument ensued among the board members and a five minute recess was called at 9:15pm. After the board resumed session Selectman Dentino and Moran again discussed the reorganization of the board happening tonight. Selectman Baldwin stated that she is obviously the swing vote in this matter and had been put in quite an uncomfortable position. After much discussion among the board members, the vote was taken and passed to remove Mrs. Levine as the chairman. . New business from Selectman Moran: None . New business from Chairman Levine: Have a nice new year everyone. · Dan Pascucci: Brought transcriptions of John DO Agostino's trial deposition. He stated that they are originals of legal, public documents. He and his friends paid for them and are giving them to the town. Chairman Levine stated that she is not sure the board can accept them as this time. · Ellen Whitney: Open meeting law states that the board must post an agenda 48 hours in advance. Would like to ask board to set a policy on when the agenda must be posted and have Q&C set at the same time each meeting. The board agreed that the law only requires posting of meeting 48 hours in advance, not posting of the meeting agenda.) Board of Selectmen Minutes of December 30, 2008 7 · Robert Saquet: The Board of Selectmen is going down a very slippery slope with their most recent decisions to engage a lawyer to review Mr. D'Agostino's contract. They have been spending a lot of money on issues that are not needed, such as the aforementioned special counsel. Motion: To adjourn at 9:47 PM (Aptowitz) 5-0 Passes rf~ ~U/~ Signature of Clerk '/#~d I~ 2~~f' Date of Approval Board of Selectmen Minutes of December 30, 2008 8