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Home My WebLink AboutBOS EXEC. MINUTES 1985EXECUTIVE SESSION MINUTES BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION MARCH 27, 1985 B 'F!I!E l R E r, _(� �iJ 'i`:„ 92 FEB 26 Pik 3' 43 ,I:- PRESENT: Chairman D'Onofrio; Selectmen Levine ,_.D�14';` �f�JLr hana; Town Manager and Joan Cutillo tr �'''''�fi�J� The Town Manager had given each Board member a packet of Confidential informa- tion concerning contract operation of the Wastewater Treatment Plant and his latest discussions with Envirotech (see attached). The Town Manager said Envirotech has agreed to contract language covering term- ination of the contract, and that there would be no cost for said termination if so ordered following legal proceedings and a final court determination and deci- sion. Joan Cutillo said she felt they could, even then, get an injunction against the Town. The Town Manager said he had also talked with York who proposed $520,000, which includes salary adjustments for all employees covered by the plan (see attached Addendum). Chairman D'Onofrio said he feels that Selectman Dunn's suggestion of last week for the Town to operate the plant the first year is wise, in view of present cir- cumstances, and that the bottom line figure is secondary to legal implications nova. If the Town operates the plant, the DPW contract will be settled; then the issue can be put on the table for next year's contract negotiations and bargained to point of impasse. At this point the consensus was that the Board will rescind contract operations which will minimize sewer rate increase, and Town employees will operate the new treatment plant the first year. The reasons and policy for next year are to re- main confidential. The sewer rates will be set for implementation at the same time as start -up of the new treatment plant, June 1, 1985. Land Acquisition, Walter Bogdanchik Property - There is an article on this year's Warrant for two parcels of land owned by Walter Bogdanchik (plus two others). The Town Manager said there will be a development on either side of the Bogdanchik property and, although Whitman & Howard made a report on the impact of the two developments on the wells in the Bogdanchik property, the report is inconclusive. The question is, should the Town go ahead with purchase of this property. The property should have prolonged testing done. The Ash property was mentioned; it would have to be reappraised. Selectman Mahana feels Bogdanchik inite price; alot of his property danchik property because it would summary, there are three options: Ash, or buy the Ash property. Th, of the article at Town Meeting. should be brought in for discussion and a def- is wetlands. The builder, Kovitch, wants Bog - give him a road to his two developments. Ir, buy the Bogdanchik property, buy water from consensus was for an indefinite postponement MINUTES APPROVED: u,L�f O �� /a49Q Clerk Date signed TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 TOWN MANAGER'S OFFICE CONFIDENTIAL MEMORANDUM TO: Board of Selectm FROM: W, Chadwick MaiVejJr. RE: Operation of Wastewater Treatment Plant As a result of last week's meeting I contacted EOS regarding additional costs and release from the contract if we run into a legal battle with the Union. Copies of EOS's letters are attached. Based on current information, the risk to the Town is as follows: EOS Contract $495,000 Maximum Labor Increase 13,869 Legal Expense (estimate) 15,000 Penalty to EOS -0- $523,869 It should be noted that the state has advised us that they will not approve the initial staffing plan of EOS and will require at least nine (9) persons on the ,job during the first year. This may be reduced in subsequent years. EOS has stated that their cost would not increase in the first year if the state required more personnel. However, this increase would affect subse- quent years cost of operation. Also attached is a comparison between the required operation for municipal employees and for E.O.S. When comparing the cost of the two, the bottom line cost for operating the sewer division is as follows: Contract Municipal Sewer Division $665,618 $608,050 E.O.S. Salary Adjustment 13,869 -0- Retroactive Pay 5,000 5,000 Salar�lincrease -0- 16,000 Legal 15,000 '_0_ $699,487 $629,050 I I Confidential Memo to Selectmen Page 2 March 27, 1985 Sewer Rates % Increase Contract Municipal $18.72 $16.80 19.00 j7 03 ? 19.97 17.79 bill 21.13 18.70 93% 73% 96% 76% 106% 83% 118 %, 93% (')Legal estimate given by Att. Paul Kenney Based upon the Union problems that have developed and the increased costs by E.O.S. coupled with the various start up problems, it is my recommendation that the Board of Selectmen rescind their policy vote on contract operation. The Public Works Department could then proceed with hiring personnel in accordance with operations and maintenance manual proposed by Camp, Dresser & McKee. WCM:mc SEWER ENTERPRISE BUDGET Article 8 To see if the Town will vote to raise and appropriate or transfer from Sewer Enterprise revenue such sums of money as may be necessary to defray the operating expenses of the Sewer Enterprise of the Mansfield Department of Public Works for the ensuing 12-- month period beginning July 1, 1985, or take any action in relation thereto. Collection System Expenses I/I Reduction FY 1984 25,000 FY 1985 FY 1986 TOWN Name of Account Actual Appropriation - -- $ 27,5'12 Recommended OPERATION $ 29,500 $ 29,500 Treatment Plant Salaries Sewer Enterprise Expenses Supervisor 20,359 22,557 Supplies 1,376 Operators 11000 83,301 1,850 1,850 Postage 500 7,50G 1,000 7,500 1,000 1,000 Norton Taxes - 0 - 450 2,500 $ 80,108 2,500 2,500 Treasurer Expense - 0 - 500 1,000 1,000 Accountant Expense - 0 - 285 358 358 Municipal Computer - 0 - 1,500 1,500 1,500 Insurance 16,508 27,000 20,000(2) 62,680 Consultant Services - 0 - - 0 - 40,000 40,000 Unfunded Pension Liability - 0 - - 0 - 2,000 2,000 $ 18,384 $ 33,785 $ 70,208 $112,856 Sewer Enterprise Salaries (urW Director 9,861 10,999 11,742 Office Manager 5,622 6,506 6,833 Clerks 6,596 7,630 7,630(1) Treasurer Salaries - 0 - 12,999 10,136 Accountant Salaries - 0 - 5,770 5,969 Longevity 100 100 100 $ 22,179 $ 44,004 $ 42,410 $ 42,910 Collection System Salaries Operators $ - 0 - $ - 0 - $ 13,500 $ 13,500 Collection System Expenses I/I Reduction 27,522 25,000 25,000 Materials - 0 - 1,000 4,500 - -- $ 27,5'12 $ 26,000 $ 29,500 $ 29,500 Treatment Plant Salaries Supervisor 20,359 22,557 - 0 - 24,552 Operators 49,708 83,301 - 0 - 136,192 Overtime 9,708 7,50G - 0 - 7,500 Longevity 333 350 - 0 - 450 $ 80,108 $113,708 $ - 0 - $168,691 (1) Salaries under contract negotiations (2) Insurance figure will increase if municipal employees operate plant Name of recount Treatment Plant Expenses Equipment Maintenance Telephone Gas & Oil Electricity Neat. & Water Chemicals Lab Supplies Uniforms Treatment Plant Operation Capital Depreciation Fund TOTAL SEWER. ENTERPRISE FY 1984 Actual 11,780 1,058 1,567 54,386 5,665 8,735 3.176 1,978 -0- $ 88,345 - 0 - $236,538 FY 1985 Appropriation 15,375 550 4,500 75,000 9,875 27,500 1,200 1 ,350 -0- $135,350 - 0 - 5352.847 Sewer Use Rate $9.70 FY 1986 Recommended - 0 - 37,450 $16.23 1,500 - 0 - 2,500 - 0 - 97,650 - 0 - 28,570 - 0 - 54,220 - 0 - 3,000 - 0 - 1,200 495,000 - 0 - $495,000 $226,090 15,000 $ 15,000 $665,618 $608,050 4 -1 -85 $17.90 $16.23 5 -1 -85 18.15 16.44 6 -1 -85 19.02 17.14 7 -1 -85 20.07 17.98 Percent Increase - 0 - 4 -1 -85 85% 67% 5 -1 -85 87% 690 6 -1 -85 96% 77% 7 -1 -85 107% 85% - 9 - MURPHY, LAMERE and MURPHY ATTORNEYS AT LAW SOUTH SHORE PLAZA P.O. BOX 456 BRAINTREE, NIA 02184 Telephone (61-1848-1850 M E M O R A N D U M TO: Mansfield Board of Selectmen FROM: Murphy, Lamere and Murphy DATE: February 27, 1985 timothy J. Murphy Michael C. Lehane John E. Lamere Mary Joann Reedy Richard W. Murphy Tanya K. Konjolka Arthur P. Murphy Edward F. Lenox, Jr. James A. Toomey Marvin L. Wollerl Katherine A. Hesse— Boris R. Ehrens' John P. Flynn Barbara J. Saint Andre Paul F. Kenney J. Michael Conley Regina Williams Tale Barry R. Smith Deborah A. Anderson Robert J. Canavan Alan R. Seghezzi Maureen L. Fox Richard N. Sullivan 'ALSO ADM1TIE01N ALAS" "ALSO ADMITTED IN DISTRICT Of COLOMBIA RE: Contracting Out Of Waste Water Treatment Operation Board Members: In light of the most recent developments with respect to the Town of Mansfield's contemplated decision to contract out the waste water treatment operation in the town, it became - abundantly clear that a thorough review of the legal implica- tions of the aforementioned contemplated action be undertaken along with the formulation of certain recommendations by this office. In providing this opinion we have taken into considera- tion the most recent decisions of the Massachusetts Labor Relations Commission along with the history of collective bargaining for a successor agreement commencing July 1, 1985, as well as the shifting positions of the Union and the input of the contemplated contract operator. As you are no doubt aware, negotiations commenced on a successor agreement on or about May of 1984 for a new contract beginning in July. Prior to substantive negotiations both sides agreed that all original proposals would be submitted early on in negotiations in order to delineate the issues that separated the parties. During those initial sessions no mention was made of contracting out work or of revising Article XXVIII, Section 6 of the existing agreement. For your edification I have attached this provision as Exhibit: f!) As negotiations progressed it became apparent that per- formance evaluations and recourse by the Union from adverse performance evaluations were the stumbling block to settlement. Again, the subject or issue of contracting out bargair.i.ng oni_t jobs had not been discussed. MURPHY, LAMERE and MURPHY ATTORNEYS AT LAW ( Memorandum February 27, 1985 Page Two it On July 18, 1984 AFSCME petitioned for mediation of these negotiations and mediation sessions were held with no real progress on the performance evaluation matter. Again, no mention of contracting out was made during mediation. Toward the end of 1984 conversation was had between the Town Manager and this office regarding the contracting out matter. At that time this office provided certain input to the Town Manager regarding the Town's duty to bargain regarding contracting out. On January 2, 1985, after considerable investigation, the Board of Selectmen addressed the issue of waste water treatment contracting. Following this the Union registered its opposition to the contract operation. Thereafter, the Town sought to discuss the issue with the Union. After making several attempts to meet, the parties finally convened on February 1, 1985 to discuss contracting out. During this session the Union requested that a representative from the contractor be present at the next session so that concerns could be addressed. On February 8, 1985 the Union altered its negotiation posture. Instead of being receptive to the potential,of contract operation, the Union stated unequivocally that they were opposed to it in light of the contract language afore- mentioned. It should be pointed out that during the February 8, 1985 session the Town presented an option to the Union designed to preserve bargaining unit jobs. Despite this overture the Union remained resolute. Thus, we are presented with a very difficult set of circumstances in light of the Union's hardened stance. Does the Town run the risk of a town meeting vote and approval of contract operation along with the execution of a contract with the contractor in light of the Union's recently articulated position of resistance. See Exhibit (2). The position that this office recommends is that the risk of a successful unfair labor practice charge alleging both a failure to bargain and retaliation for the Union not acceding to performance evaluations is very great indeed. Had the Union persisted in their receptive attitude of February 1, this matter would have been resolved. Instead the Union has stated that this would be a test: case for AFSCME and they would paint a picture of Union bust- ing and disregard for the desires of Mansfield's public works employees on the part of the Selectmen. Furthermore, should ,.gURPHY, LAMERE and MURPHY ATTORNEYS AT LAw Memorandum February 27, 1985 Page Three town meeting vote favorably and a contract executed with the Ii contractor, the Union could in fact make that contract a violation of the provisions of Chapter 150E and obtain a court order ordering the Town'not to contract out. Obviously this would pit the contractor and the Union against the Town engendering extensive litigation. In light of all of these considerations, the recommenda- tion is for the Board to rescind its vote of January 2, 1985 and withdraw the contracting out article from town meeting's consideration. The stated reason for this action is AFSCME's opposition to the contracting out of Union jobs in spite of the fact that the Board has attempted to address the concerns of those employees to be effected by such'action. Lastly, should the Board continue to look with favor upon contracting out the waste water treatment in the Town, the wisest course of action would be to settle a one year contract as expeditiously as possible and commence negotia- tions forthwith for a successor agreement. During these negotiations the Town would place contracting out and elimination of Article XXVIII, Section 6 squarely on the table, thus joining the issue and placing the Town in a much more formidable position after bargaining to impasse over these issues. Paul F. Kenney EXHIBIT 1 (5) In the event an employee reports to his place of 'Irk at his regularly scheduled time and is sent home for lack dt work, he shall be paid for eight (8) hours at the rate to which he woald be entitled for his shift. (6) A'o one outside the bargaining unit shall perform work nornally done by those employees within the bargaining unit. i i I R Ito f '3 IPA f,��I OY C�'y 1�'•1 _4I ✓C..J I..i V ✓�,� LZJL �./ V P t i' \l Ec ELn /w V ��WeV i< The largest AFL-CIO union in ! `assachusetts representing more than 50,000 public emplo; aes EXHIBIT 2 Dear Chairman: This will serve as the union's formal demand upon your board to cease and desist from any further discussions with Envirotech or any other organiza- tion whose purpose and intent it is to take over and run the treatment plant which is presently owned by the town of N.ansfield and operated by the member- ship of our union. The union makes this demand based on a contractual agreement and its provisions contained therein between the town of Mansfield and AFSCME Council #93, Local 1702, See Article XXVIII, Section 6. If you should have any questions relative to this matter, please feel free. to contact me. Sincerely yours, ,Joseph P. Curran Business Representative JPC /sd cc: Gi Ferreira, Southeast Area Coordinator Augustus Camelio, General Counsel Billy Robertson, President, Local 1702 Paul Kenny, Murphy, Lamere, and Murphy Chadwick Maurer, Jr., Town Manager American Federation of S :ale, County and Municipal Employees R Rn2Cl;r Srpp' Rnc'nn UA n710R oa7 cnnn - << -: -; February 11, 1985 V'`` " == Board of Selectmen F_ -,."' Town of Mansfield Se:.•e:a:, Mansfield Town Hall ?:a•:;: <xoney Mansfield, MA 02048 .:caF✓.'EI in-• as DaSilva S: a :A,,.;s Attention: Chairman Dear Chairman: This will serve as the union's formal demand upon your board to cease and desist from any further discussions with Envirotech or any other organiza- tion whose purpose and intent it is to take over and run the treatment plant which is presently owned by the town of N.ansfield and operated by the member- ship of our union. The union makes this demand based on a contractual agreement and its provisions contained therein between the town of Mansfield and AFSCME Council #93, Local 1702, See Article XXVIII, Section 6. If you should have any questions relative to this matter, please feel free. to contact me. Sincerely yours, ,Joseph P. Curran Business Representative JPC /sd cc: Gi Ferreira, Southeast Area Coordinator Augustus Camelio, General Counsel Billy Robertson, President, Local 1702 Paul Kenny, Murphy, Lamere, and Murphy Chadwick Maurer, Jr., Town Manager American Federation of S :ale, County and Municipal Employees R Rn2Cl;r Srpp' Rnc'nn UA n710R oa7 cnnn :E O :S 22 March 1985 Mr. W. Chadwick Maurer Town Manager Town of Mansfield 50 West Street Mansfield, Massachusetts 02048 Dear Mr. Maurer: As you requested, I would like to follow up the discussion I had with you and Joan Cutillo on March 22 with this letter confirming our tentative agreements in two areas of importance to the Board of Selectmen: 1.) adjustments in EOS's price to reflect increa- ses in labor costs since our proposal was submitted, and 2.) provision for contract termination in the event that legal action by the union results in a court decision requiring that Town operation of the wastewater facility be resumed. With respect to the issue of EOS's first year price, we compro- mised on an adjustment lower than that proposed in my letter of March 20. The adjustment, based just on the increase necessary to bring salary levels of current plant employees to what they would be receiving from the Town effective July 1, 1985 , would be $13,869 (direct labor costs plus benefits of 26.4 %), raising the price of our services to $508,498 for the first year. I believe that, in consideration of the contract startup delays imposed by the Town and other contract changes EOS has accepted in our negotiations, this increase is justified and equitable. Had these adjustments been included in our initial price, EOS would still have offered the lowest total price and a signifi- cantly lower labor cost per person than any other bidder. Most important in consideration of public concern with rising sewer rates, though, the EOS contract still guarantees the Town a maximum first year operation and maintenance cost for the new plant. With regard to the risk the Town faces from adverse action by the labor union, we continue to believe, based on experience and the advice of our own legal counsel, that the Town is acting within its rights in contracting out operation and maintenance of the wastewater treatment plant and that the Town can satisfactorily li N. LW tlivr Pell. I,,, ;t'.' in n v:e� i�;� ll•. U18tli �,I' 213 010 l Mr. W. Chadwick Maurer 22 March 1985 Page 2 address the requirement for impact bargaining before the contract is finalized. Acting on this belief in the strength of the Town's position, EOS is willing to incorporate a clause into the contract allowing the Town to terminate its obligations under the agreement if action by the union required resumption of Town operation. We suggest adding the following paragraph to Article XII.A (TERMINATION) of the contract: [A. This agreement may be terminated by the TOWN for the following:] Following legal proceedings over the TOWN's right and /or process to contract the operations and main- tenance of the TOWN's wastewater treatment plant to EOS, receipt by the TOWN of a final court determina- tion and decision, which determination and decision legally requires the TOWN to resume full operations and maintenance of the wastewater treatment plant with TOWN staff. Finally, I would like to emphasize the importance of moving ahead quickly to meet the requirement for impact bargaining and to finalize the contract. A smooth and successful plant startup will require at least a month's lead time for mobilization of personnel and resources. I hope this letter addresses the concerns you and the Board have raised. EOS remains committed to providing the highest quality services to the Town of Mansfield, and we look forward to the challenge of starting the new facility. Si%I,cerely yTurs, David R. Dickson cc: Joan Cutillo David Phillips :E ` = .S 20 March 1985 Mr. W. Chadwick Maurer Town Manager Town of Mansfield 50 West Street Mansfield, MA 02048 Dear Mr. Maurer: In recent discussions, we have agreed that the change in EOS's startup date from the April 1st date on which our proposal and negotiations have been predicated justifies review of contract costs. As a followup to our conversation on March 18th and 19th concerning adjustment of EOS's first year contract price to reflect Town employees salaries as of our projected July 1, 1985 contract start date, here are the figures I gave you over the phone: Salaries of other EOS Mansfield employees would remain as stated in our proposal. Projected Town salaries are those you provided Gary Foss in a meeting on January 3, 1985. If the Town's final settlement with the union results in figures different from these, we would adjust contract costs up or down accordingly. n �Vr -w Fngla i:d Gxecubvc Pbi! ��Ilnn �a�, ;;ir husRli , Olfi(li ... 2 i S :7040 TOWN SALARY EFFECTIVE EOS EMPLOYEE 7/1/85 PROPOSAL DIFFERENCE W. Handy $24,937* $21,081 $ 3,856 K. Weir 18,720 ** 16,143 2,577 D. Tesia 18,720 ** 16,143 2,577 T. Cuneo 17,284 15,163 2,121 TOTAL SALARY INCREASE _ $11,131 * Includes 4% COLA ** Includes $.40 /hour certification differential Salaries of other EOS Mansfield employees would remain as stated in our proposal. Projected Town salaries are those you provided Gary Foss in a meeting on January 3, 1985. If the Town's final settlement with the union results in figures different from these, we would adjust contract costs up or down accordingly. n �Vr -w Fngla i:d Gxecubvc Pbi! ��Ilnn �a�, ;;ir husRli , Olfi(li ... 2 i S :7040 i Mr. Chadwick Maurer 20 March 1985 Page 2 of 2 Using the total labor overhead and profit figures from our proposal yields the following price adjustment: TOTAL LABOR LABOR PRICE COST OVERHEAD PROFIT INCREASE $11,131 X 1.441 X 1.065 = $17,083 The total first year price would therefore be $511,712. I will provide you with a new contract revised to reflect this adjust- ment and a starting date of July 1, 1985. Since we have dis- cussed the contract at some length already, it is my hope that we will be able to finalize it shortly after the April 1 Town Meeting. As we approach a final contract with the Town of Mansfield, I am sorry that your departure for Winchester will keep you from en- joying first -hand the success of a program to which you have devoted much of your time and energy. I would like to thank you for your efforts and express my respect for your competence, professionalism, and dedication to the Town's best interests. Though we have differed at times, you have been consistently forthright in dealing with EOS. It has been my privilege to work with you, and I wish you success in your new position. I look forward to our meeting on March 22nd. Sin erely yours, David R. Dickson Business Development Manager DRD /ser cc: Gary Foss David Phillips ADDENDUM TO OPERATION OF WASTEWATER TREATMENT PLANT March 27, 1985 York Wastewater Consultants I have reviewed the situation on contract operation with YWC and they advised me that their price of $520,067 included salary adjustments for all employees covered by the plan. Their proposal in subsequent years provided for 7% annual increases for all employees, while the ESO proposal provided for no increases. 2. The YWC proposal was for staffing the plant with 5.5 dedicated personnel and the balance of the personnel would be available during the first year start -up, but did not meet the minimum state requirement of 9. If 9 people were required for the first full year of operation then YWC would require an adjustment in the cost of the contrat. 3. YWC is reviewing the hold harmless clause with their attornies to deter- mine if the concept is feasible. Their initial impression was that it was. 4. YWC's proposal called for a 60% reimbursement to the Town on the savings as opposed to EOS of 75%. 5. YWC has, in other communities not in Massachusetts, let the public works bargaining unit be the negotiator for their employees who are members of the municipal bargaining unit. This may not be feasible in Massachusetts. RECEIM TO O Ijil OF ! lia;'; 1 IELD BOARD OF SELECTMEN ( MINUTES OF EXECUTIVE SESSION 92 FED 26 P11 3: 43 APRIL 3, 1985 ��nnHAI° SFIFLO PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, Mc(JBff��Aktid�AIVTAUing Town Manager, Joan Cutillo. Walter Bogdanchik had asked to meet with the Board to further discuss, or re- open discussion, regarding his property which the Town had expressed interest in for purposes of a well. Mr. Bodganchik was present, together with Edward Broderick who also has an interest in Bogdanchik's property for development, and spent the first few minutes discussing his plans. The Chairman then advised him that his discussion really was not suitable for an Executive Session, and turned to Mr. Bogdanchik to ask what he wished to propose. Walter Bogdanchik said he wants to know what the Town wants; does it just want the well site, or does it want everything. Chairman D'Onofrio replied that the first thing the Town /Board wants is a price range and then reviewed what his understanding was concerning previous discussions wherein the price requested by Mr. Bogdanchik was entirely too high and, thus, discussions had been at a stand- still. Selectman Dunn said his feeling is that the Town is looking for a well site with an easement into the well, and he suggested a Letter of Intent with a stipulation that the site must be capable of withstanding long -term testing. Selectman Mahana suggested reopening discussion with Bogdanchik's attorney. MOTION: The Board is interested in pursuing this. Levine /Mahana VOTED: 5 -0 Selectman McNair strongly suggested having Whitman & Howard involved in evalu- ating this site. Ed Broderick said he would build a road in, plus install the water line. MOTION: To appoint a negotiating team to work with the Acting Town Manager on this. Implicit with this is involving Whitman & Howard as needed. McNair /Mahana VOTED: 5 -0 MINUTES APPROVED: �//a /92 Clerk Date signed F;Ef�cl�r`_D ' BOARD OF SELECTMEN �[` „ {D HA' � �E� MINUTES OF EXECUTIVE SESSION JULY 24, 1985 92 FEB 26 Pit 3' 143 . c:ir I`5rai:r� Ci 1C1 PRESENT: Chairman D'Onofrio; Selectmen Dunn, Lev1nA 6,M j��b�94hWaina; Acting Town Manager The Board of Health and Town Counsel were present to discuss the possibility of further litigation regarding Mr. Curvin's piggery. Chairman D'Onofrio asked for the basis for this Executive Session. The Chairman of the Board of Health, Ed Tartufo said his Board has voted to appeal the case; Mass. General Laws say the Town can regulate a piggery as a nuisance; the case in point being Curvin's piggery. Mr. Curvin has publicly threatened to sue the Town of Mansfield; he has between 200 and 400 pigs and the Town's zoning requires a permit for only one to three pigs; he has never gotten a permit. The area of the piggery is in the water recharge area and it is known that he buries the manure on the prop- erty. There was discussion with a general sense that the health issue should be pursued separate from the zoning, but before anyone goes back into court, there is need for very specific proof, water testing above and below the area; Town Counsel said "The Town must have a handle on something definite” before it goes back into court - the piggery poses a health hazard to Town water in Mans- field, and pigs are an animal which can have a contagion for humans. He kept repeating that the case of number of pigs has already been adjudicated, because of being in an agricultural zone. There is presently an appeal on the last court decision; Town Counsel suggested waiting for the appeal decision unless the Town can come up with something specific, which will probably be Fall. He supports monitoring of the stream immediately. Ed Tartufo was advised to get together with the Board of Health and the Health Agent to put together some concrete evidence; i.e., a chemical or medical health violation. Clerks Association - The Acting Town Manager went over the list submitted by the Clerks, noting the Board's position, as follows: A 2 -year contract accept- able; a change in medical insurance policy not possible; no change in longevity eligibility; one free personal day O.K., with two being deducted from sick time; the Clerks would not accept hiring new clerks at a step higher that the first, but they liked the multiple steps; part -time employees earn 6 hours toward sick time; If the heating systems fail and the temperature goes below 60 degrees, the Clerks may walk out and be paid for that day - the Board added that if the sys- tem is working again by 11 A.M., the Clerks may be called back and must report in by 1 P.M.; better classification of job description, NO; Clerks work week will remain at 372 hours; Clerks want description of evaluation process, with evaluation after 6 months, then each year thereafter - O.K.; agreement that the Town Manager will settle evaluation disputes; Clerks agree to present form used in evaluation. The Clerks want 6 & 6; most employees would stop at the 4th step, of 6. * MOTION: 3% increase with option of allowing multiple steps at the discretion of the Town Manager, based on performance criteria and performance evaluation by the Town Manager. Dunn /Mahana VOTED: 5 -0 BOARD OF SELECTMEN ( MINUTES OF EXECUTIVE SESSION JULY 24, 1985 PAGE 2 or: * MOTION: 5 & 5 and no multiple steps, with one step based on performance cri- teria and performance evaluation by the Town Manager. Dunn /Levine VOTED: 4 -1 D'Onofrio opposed Sewer Connections on Pratt Street - Information had been obtained that there were two sewer connections on Pratt Street which were illegal and no billing had occurred, over a period of several years. Town Counsel was looking into it. He reported that he has talked to Peter DeGirolamo who had a sub - contract to do the work. Town Counsel expects to contact Tom Bonome, former Superin- tendent in the DPW Department, and ask him to meet with himself, Peter DeGirol- amo and A. Stanzione, former Town Engineer, and the Board in an Executive Ses- sion. The Board was polled to go out of Executive Session: 5 -0 MINUTES APPROVED: �W u� Clerk A&/az& Date sigma R CE I V E 0 BOARD OF SELECTMEN IC74' 0 F MIAs S F IE1.) MINUTES OF EXECUTIVE SESSION OCTOBER 16, 1985 92 FEB 26 pfd 3: ( 3 PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, h1cNd,P,�Ald}i'r11}tyr� Manager; Town Counsel, Jack Dwyer All but one member of the Planning Board were present (Anthony Fiore not present), which the Board of Selectmen had requested for the purpose of discussing remarks made about Town Counsel in public, which conveyed the thought that Town Counsel was not serving the Town and /or the Planning Board well. The statement was printed in a local newspaper as having been made by former DPW Director, Joe Zeneski, who was repeating a comment made by Planning Board member, Marydee Flynn, after she attended a court case of the Planning Board handled by Town Counsel. Chairman D'Onofrio asked, "Is it the Planning Board's position that Jack Dwyer did not do a good job ?" Grace Genatossio wanted to know if anyone had a copy of the newspaper article; no one did, nor had actually seen it. Sev- eral members of the Planning Board then expressed surprise that the case had been to court and settled, said they had not even seen a report. Jack Dwyer said he had turned a report in last week. Joe Brugliera, Chairman, and Ron Doucette then said they feel there was a major lack of communication. Jack Dwyer then briefly reviewed the situation leading up to the court appear- ance. He said the case had been postponed three times and when it was to be held he received less than 24 hours notice. He called Marydee Flynn, because she was the only member of the Planning Board who was free to attend and they agreed to meet at the court house ten minutes prior to the hearing. Marydee felt she knew very little about what her role was to be, and said she placed all her cards on Town Counsel handling it; very little was exchanged between them prior to going before the judge. The judge said he didn't want to spend time on the case and ordered the involved parties to go into a specified room and work out an agree- ment, which they did. Town Counsel said he went prepared to litigate, but then the judge threw the case out. It centered on Ed Broderick wanting an 8' cut on a roadway, the Planning Board wanted 2', but prior to going to court, the Planning Board was under the im- pression it had been settled at 5'. The main issue was the amount of gravel which would be removed. After working out a settlement at the court house, Jack Dwyer said it was set at 4'. Marydee Flynn said several incidentals were specified just to make it look as though the Planning Board "got" something; however, she felt Broderick got everything he wanted. She said she was in an awkward position be- cause she didn't have enough background, and didn't know what she should do. Jack Dwyer said he had two cases that morning and felt pretty good about the way things had gone afterwards. Grace Genatossio voiced concern as to whether Jack Dwyer knows enough about zoning matters and suggested the possibility that the Planning Board should have a special attorney for zoning. Town Counsel said that in the future he is going to make sure all members of a board appoint a representative and be sure the representative is well informed of the issue. Town Counsel was advised by the Board of Selectmen to be sure he learns the Board's background on the case before he goes into court, and to be sure to re- lay results back to the board (in this case he had, some members had not yet seen the report). BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION (cont'd) OCTOBER 16, 1985 The Chairman summed up the discussion by indicating that apparently there was no basis for any public statements having to do with Town Counsel's ability and that the Planning Board was adequately served, although better communication be- tween all parties is definitely needed in the future. Whether or not special counsel on zoning by -laws is required was not further addressed. MINUTES APPROVED: Clem Date signed f o!" , , �'c l' ✓CL) BOARD OF SELECTMEN Fr J! ,I_. MINUTES OF EXECUTIVE SESSION 92 F "`rrf =t(} OCTOBER 9, 1985 EB2o PPr 3. 1F3 krl r f SP-1 PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, McNair, 1 dI;'(/1 %lrr� Manager Selectman Dunn had asked for this session in order to have the entire Board in- formed of latest developments with Ed Broderick, with whom Selectman Dunn and Mahana had been meeting concerning a good sized piece of land in West Mansfield Ed Broderick has under contract. He wants to put in cluster -type units and would like to use the well site, on what was the Bogdanchik property, as part of the re- quired open space (approx. 400' plot). He has asked for permission to see the Whitman & Howard report on this well site and then be allowed to meet with Whitman & Howard to discuss their findings, at his expense. The Town Manager said he has also met with Ed Broderick and was told, in confidence, that he owns other land, near CC &F, and wants to put in sewer down Tremont to Wil- liams and Jewell Streets, to tie in with the CC &F sewer; he has discussed this with CC &F for a development of his. The Board felt sewerage in that area will eliminate environmental concerns as well as Town expense for installation; Broderick expects to pay for putting it in. The Town Manager said possibly the Town might pay for a section of over -sized main for possible future connections. Consensus of the Board was that Mr. Broderick has alot of money invested so whatever he does will have to be first class. In connection with the well site on the Bogdanchik property, Selectman Mahana said the "carat" for the Town would be a free well, if they permit Broderick to develop it as proposed. Selectman Dunn said Broderick is not tied in with Kovich. There was some discussion as to whether the Whitman & Howard report is a public record, with no set decision reached; yet it was assumed that if Broderick went straight to Whitman & Howard, rather than asking for permission, lie would be ablt to secure the information. There was also discussion over pros and cons of cluster -type units. The Board felt one paragraph (2nd page) of the W & H report pretty well substantiates the cluster development. It was suggested that Selectmen Dunn and Mahana and the Town Manager meet with Ed Broderick to learn just what he is looking for. The Town Manager then said he would like to talk with Whitman & Howard first. He also would like to try to learn why a different engineering firm is doing a groundwater resource study for the Town at present, instead of W & H who had done well on the wells for the Town. Select- man Levine felt that if Whitman & Howard talks to Ed Broderick it puts W & H in a difficult position because they deal with the Town. There was no consensus of the Board, other than to ask the Town Manager to move along on this as quickly as possible. The Executive Session was closed, and the meeting adjourned. POLLED: 5 -0 MINUTES APPROVED: �J0_ Clerk V Date signed