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HomeMy WebLinkAboutBOS EXEC. MINUTES 19861986 EXECUTIVE SESSION MINUETS BOARD OF SELECTMEN I I `fEp MINUTES OF EXECUTIVE SESSION OF "f']SFjj LD FEBRUARY 19, 1986 92 FEB 26 Pfj 3. Ltl PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, McN4j,11 �a'��ufown Manager �S "'� `I �T1S The Town Manager wanted to review, with the Board, Police contract negotiations to date. He had copies of the Police Association's proposals for changes in the existing collective bargaining agreement, as well as copies of proposals by the Town, all of which he reviewed. The Police propose a 2 -year contract, the Town 3 -year. The Police want a $50.00 increase on uniform allowance the first year, $25.00 the second; the same for cleaning allowance. The Police ask for the ability to be paid for unused sick leave; the Board felt this would mean they would have to offer the same to every- one - the Board will not support this. The Police asked for a 8% increase in base pay, plus increase in longevity pay, a change in length of vacation weeks' earn- ings, plus seniority handling for openings on a shift, 3 personal days, with the first not being deducted from sick leave days. Under Career Incentive Program, they specified points earned and a set amount of bonus paid for various degrees earned, and $1200 for permanent employees who have earned an EMT certificate, per year. The Town Manager is to check into the former Town Manager's proposal for points, and to explore the concept for EMT pay, feeling $1200 is probably too high; he is to find out what the cost of becoming an EMT is. The Board feels it is an area for discussion. After discussion, the Board directed the Town Manager to try 6% increase the first year, 5% the second, 4% the third. They also asked him to put together a compari- son of the present contract vs. the proposed changes. MOTION: 6 %, 5 %, 5% maximum straight salary increase. Dunn /McNair VOTED: 5 -0 The Town Manager also advised the Board that Attorney Canavan is Earl Weeman case; Earl Weeman is still collecting full pay, after out on disability. Bob Canavan hopes to have an orthopedic and a doctor examine him; it is hoped that the Town can bring him back duty. MINUTES APPROVED: Clerk 61 ,2-110 iea Date signed working on the two plus years neurological to work for light BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION APRIL 9, 1986 PRESENT: Chairman McNair; Selectmen Mahana, Manager t� , P8 11114s �''0r/, D'Onofrio,�A'A on; Town The Town Manager had asked for this session to receive direction concerning two discharged DPW employees. ,Arthur Murphy has been asked for a determination since unfair practices have been filed for both employees. Bob Canavan feels it is doubtful whether the Town would win either case if they go to arbitra- tion. Rande said there are three choices: 1) Hire Canavan to arbitrate; this could mean, if the Town loses, the employee could be awarded all his back pay and the Town would have to rehire him; 2) The Town could win and thus be rid of the employee; 3) The Town Manager could try to negotiate with each employee for a settlement. Frederick Bregnard was hired by the Mansfield DPW as a laborer on December 9, 1983; he was a permanent employee on his date of discharge, September 9, 1984. The DPW Director issued three letters of reprimand within a month, and he was sus- pended for one day, without pay; further disregard of proper behavior was docu- mented (see Canavan's letter). Bob Canavan feels an arbitrator could say a suspension of one or two weeks should have been issued, rather than dismissal. In the case of Robert Corning, he was hired as a Mechanic Helper July 2, 1984, and terminated March 1, 1985, after being involved in two incidents involving operation of town vehicles. After the second, the DPW Director gave Mr. Corn- ing the choice of resigning or being discharged. It appears that his dis- charge did not involve his primary function and, unless the second incident, an accident, involved some extremely negligent conduct and very costly conse- quences to the Town and third parties, Bob Canavan feels the protections of the collective bargaining agreement were not applied; i.e., "progressive" or "corrective discipline ". He feels this case would be even tougher to win than the Bregnard one. There was some discussion and the suggestion that, perhaps, the Town Manager should review a dismissal before it is a fact. This was not felt appropriate, as department heads do the hiring, therefore should have the decision to fire. The Town Manager suggested asking Bob Canavan come out to give a short seminar for department heads on the subject of discipline, reprimands, suspensions. The Town Manager said any negotiations for a settlement would be completely off the record, and would have nothing to do with arbitration. He said he is not sure whether Fred Bregnard is working but understands that Robert Corning is and is not interested in coming back. The Town Manager then mentioned the Joseph McKenna case, also against the DPW Director and the Town, without going into details. He said it is felt McKenna will most likely win. BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION APRIL 9, 1986 PAGE 2 * MOTION: To authorize the Town Manager to negotiate a settlement for the first two casses (Bregnard and Corning), using a guideline of up to two months salary. D'Onofrio /Harrington VOTED: 4 -0 The Town Manager commented there was a chance that the two employees might get together to compare. Bob Canavan and the Union attorney will meet with each employee. The meeting was adjourned at 10:35 P.M. MINUTES APPROVED: Clerk a &z -12 Date signed 1 BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION APRIL 16, 1986 PRESENT: Chairman McNair; Selectmen Harrington, Dunn, Town Manager . f ✓�t ii% l SS4rr D Onofrio, Md afr�a��� J< S Town Counsel had been asked to come in to update pending litigation for the Board. Audet - The case covering the dogs was won in Superior Court; the Judge turned the dogs over to the MSPCA. Audet is appealing through the Appeals Court, but has not finalized his appeal; if it is not done within a certain number of days, it will be dismissed, unless he secures counsel. The Town of Mansfield has a $10,000 attachment on Audet's house, which he is trying to sell. Joe McKenna - Jack Dwyer said this case concerns him. The Town has insurance coverage, but the insurance company has not done anything. Jack has discussed it with Nancy Eames, and she is to give him copies of all the correspondence she has concerning it. Jack said the insurance company, Surplus, Inc., is dealing in bad faith. Joe McKenna has 7 counts against the Town, Joe Zeneski, DPW Director, and Chad Maurer, former Town Manager. Jack Dwyer said he has asked Joe McKenna's counsel to hold off on pleadings. Leon Grant - Leon has done everything he was required to do except submit an as -built plan. He is under a court order, he hasn't complied, and is on a trial list. Raymond Goddard's suit against Leon will come to trial this Spring. Curvin - (Pig case) is still waiting for a decision. Jack Dwyer feels it does not look'good. Fram, Bird Road - Bird Road is a public way. Fram has agreed to give the Town an easement on the land he owns that abutts Bird Road so that it can be widened to 40 feet, if desired. Rose Cavallo's appeal against the Board of Appeals may not be pursued. The issue of road salt causing closing of two Town wells was then discussed in light of the Selectmen's inquiry into possibly suing the State. Jack Dwyer said he would need to know the content in the two wells this past winter. He said he could seek an injunction. Next winter he could seek a temporary re- straining order. Selectman Mahana mentioned a vote of the Board, he thinks, taken in 1981 to contact the State. The Selectmen's secretary had looked through correspondence from 1982 on and could find no indication of contact with the State concerning the subject. The Town Manager explained that the problem with the wells is high manganese, which occurs from over pumping, and BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION APRIL 16, 1986 PAGE 2 sodium, from excessive road salt; it is not the manganese that caused the wells to be shut down. Selectman Dunn said he would like to have Jack Dwyer find out what some of the other 100 cities and toms, as mentioned by Rep. Vernon, are doing about their well problems. Selectman Harrington asked Town Counsel about retroactive water and sewer rates. Town Counsel said once a rate is set it cannot be retroactive. Select- man Harrington then voiced his concern for establishing new rates as a priority item. Members were polled to go out of Executive Session: 5 -0 MINUTES APPROVED: Clerk ell Date signed C BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION F' MAY 21, 1986 Jj'S� pal PRESENT: Chairman McNair; Selectmen D'Onofrio, Mahana, Dunn, Harri Is Town Manager Town Counsel had been asked to be present for this Executive Session which the Town Manager summarized, concerning the Bristol Arms Apartments, a subdi- vision adjacent to Bristol Arms and leaching fields proposed for two buildings on Lot 3, Erick Road, as follows: 1) Septic tanks at new buildings 2) Septic systems for old buildings that have filled 3) Condition of Erick Road 4) Whether the subdivision itself should come under the new regulations for new subdivisions The Board was advised that Town Counsel, the Health Agent, Building Inspector and Planning Director had discussed these matters yesterday. The Planning Director, Rich Callinan, had a map from the Registry of Deeds, showing the originally approved Elmwood Park, in 1970. Residents from the Stearns Ave. area were questioning the location of the leach - ing fields. The Health Agent, Scott Leite, had done an analysis on Lot 3, and determined that the leach field is at least 65' back from protectable wetlands if, in fact, it a protectable wetland. Everything is built according to Title V of the State Environmental Code. Town Counsel summarized that the new devel- opment so far is up to standards. Scott said the people who are complaining don't have this plan and don't know hoer to read plans; also the Conservation Commission did not see the plan nor the site. Selectman Dunn said he has walked the site and the parking lot has been put in where there was a drainage ditch. Selectman D'Onofrio feels the complaints are based on public health issues as identified by the Town Manager and residents. Scott said the soils are different in the front than in the back. Selectman D'Onofrio feels public health concerns are based on current facilities and the impact proposed additional leaching fields would have on the facilities. The Health Agent said the Board of Health should vote in a new definition of a "filled system ", suggesting more than 3 times a year removal. He cautioned that the Bristol Arms system was approved by the State. It was suggested that the appropriate thing to do is to make a motion to reconsider. Town Counsel said don't vote to reconsider; just let it ride and have them put in a box culvert and then act on the unapproved position of the road. Scott said if the Board of Health condemns a dwelling, the Town has to pay to house the resi- dents. If the Board wants repair of a system, they can order holding a lease until it is repaired. Rich Callinan said the Planning Board has to deal with the present condition of the road, and it is now advising recission of Erick 1. Road. The developer will then have to come in with a new definitive plan. With a new plan, the road would have to be built to present day standards. BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION /�1" /1 )r1 j,r. ••� /�t�cJ�' <ll 9�F�BZS 4 �S�JLC< JULY 2, 1986 U �1l 3�S PRESENT: Chairman McNair; Selectmen D'Onofrio, Mahana, Dunn, Ha Town Manager; Town Counsel; Chairman of Board of Health, Ed Tartu d Health Agent, Scott Leite. Ed Tartufo had asked for an Executive Session to discuss the Curvin pig case. Ed said the case has gone to court twice and under zoning violations and enabl- ing acts, it has been defeated. He said the court has never told them their health regulations are wrong. Selectman D'Onofrio reminded everyone that the Board of Selectmen had agreed to go through with the appeal and adjudicate it, but did not expect it to go through. Town Counsel said the case is considered by existing laws. The Board of Health regulations Ed refers to were never voted in as a By -law; only Judy Scott and Karl Drown (at that time Health Agent) knew of them, and there are no Minutes to substantiate them, although Ed Tartufo had a printed booklet containing the regulations. Ed Tartufo said his board would like to proceed and get another legal opinion to see if it is worthwhile to pursue. He was asked, what they want to pursue; is it that Curvin can't have the pigs because of the by -law limiting number of pigs to three? Mr. Curvin has 17 acres; he was transporting garbage in an open truck, and residue from the pig farm seeps into a local stream. Ed Tartufo feels the problem is, is it valid to limit this property to only 3 pigs? Selectman Mahana suggested the Board of Health take a formal vote that they adopt the regulations referred to as only known to Ed Tartufo and Judy Scott. Ed advised the Board that on May 15, 1956 there was a hearing for someone who wanted a piggery on 18 acres, and the permit was denied. The rules and regulations for the Board of Health were pub- lished in 1956. Ed asked, is it possible to proceed further, with another counsel, with the issue: you can't prohibit, but you can regulate. Selectman D'Onofrio said he would like to see Town Counsel's opinion and another counsel's. Selectman Harrington suggested putting a cap on the cost. Selectman Mahana was opposed to any other counsel; he feels it would need to be on some firmer ground. Town Counsel, Jack Dwyer, said he is not at odds to seeking another opinion; the opinion to ascertain is whether 3 pigs is enforcible. Jack Dwyer said he would like to see the Board of Health update their regulations; then Curvin would have to comply with them. He does not see any reason to appeal the opinion of the court on the zoning issue; the issue is, is it legal to limit the number of pigs? All the court has done is fine Curvin, but Ed Tartufo said he has "cleaned up his act ". * MOTION: That the Board of Selectmen request the Board of Health to draw up reasonable regulations that they would like to see, then turn them over to Town Counsel for review. Harrington / Mahana Selectman D'Onofrio said he would like to Board of Health to draw up what they would like to have, then bring that to the Selectmen. If BOARD OF SELECTMEN ;c! MINUTES OF EXECUTIVE SESSION �2rF8 /l�1/J AUGUST 14, 1986 2s PJ PRESENT: Chairman McNair; Selectmen D'Onofrio, Mahana, Dunn;�t� b�ZA- Pn Selectman D'Onofrio advised the Board members that he felt the Board should go forward on the strategy with the Town of Norton as indicated by the former Town Manager, and Town Counsel's recommendation, back in 1984 -85 (information had been made available to Board members prior to tonight's meeting; copies of letters and Executive Session Minutes). MOTION: To authorize Town Counsel to go forward in preparing a suit against appropriate parties for hook -up of the Town of Norton Industrial Park to Taunton's Miles Standish Park sewer main. D'Onofrio /Mahana VOTED: 5 -0 MINUTES APPROVED: Clerk Date signed BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION AUGUST 27, 1986 NY PRESENT: PRESENT: Chairman McNair; Selectmen Dunn, D'Onofrio, Ma�d�r� /S�irrington; Town Manager !S 1. The Tom Manager briefly reviewed two Police Labor Relations cases which Board members had had time to read correspondence pertaining thereto, prior to tonight's meeting. The first concerned detectives working a case on overtime. The case was dis- missed due to the fact that past practice indicated that employees generally work the overtime generated by their own investigations. Also, although the charging party alleged the Chief said the employees would receive compensa- tory time rather than overtime pay, they had, in fact, received overtime pay. The second was the Town's answer to a complaint of the Mansfield Police Asso- ciation concerning 2 detectives working a 5 & 2 schedule instead of the 4 & 2 shifts; the complaint claims the contract says everyone works a 4 & 2. The answer says the Town does not mandate they work a 5 & 2, it is voluntary, and this practice has existed since 1981. The Board's feeling was that the Police Association does not like who the detectives are. 2. The second item for discussion was the Norton VJWTP Agreement. The Town Man- ager said he had a discussion with Town Counsel and he feels they have a means for getting Norton's and Flatley's attention. They have read the contract in which it clearly states that it is the Town Manager's responsibility to en- force the contract and he can give four months notice to terminate said con- tract if all the requirements are not met. He and Town Counsel recommend this rather than going to court. Selectman Mahana said he remembers Norton insisting on a 12" pipe for water and he was sure it was for the industrial park. He says Mansfield gets all of Norton or none from it. The Board was in agreement. MINUTES APPROVED: Clerk — V Date signed BOARD OF SELECTMEN MINUTES OF EXECUTIVE SESSION SEPTEMBER 10, 1986 S� 1 Jqs %1 4 S�i . s PRESENT: Chairman McNair; Selectmen D'Onofrio, Dunn, Harrington; ager lTS Allen Willis, Chairman of the Airport Commission, along with Jeff Sienna, a mem- ber of the Commission and a representative from Fay, Spofford & Thorndike had asked for this session in order to let the Board know what action they were con- templating for land acquisition. They had plans and showed a portion of the Lewis farm and the King property. They said the FAA has agreed to funding for the Lewis farm, but advise letting the King property go until the next fiscal year; it has one or two houses on it, which makes acquisition more difficult. The owners would not accept the appraisal figure, which was a full and complete one; there was also a review appraisal. The grant must be in by Friday, Sept. 12th and has been approved up to $56,000. The Commission voted to take the prop- erty by Eminent Domain because negotiations have broken down due to a subdivi- sion proposal. (7.44 acres - $44,000.00) Al Willis explained the Commission is making this proposal to protect the exist- ing approach zone. The owner will not give his price; litigation could cost $5,000 (for Town Counsel). Up -front money is FAA 50% reimbursable and Mass. Air Commission may pay 40 %. The property is now in a developers' hands. At this point there was a motion to go out of Executive Session. See Minutes of regular meeting for Selectmen Motion on this topic. MINUTES APPROVED: .. ern _ Date signed