Loading...
HomeMy WebLinkAboutSELECTMENminutes06232010 Town of Mansfield Board of Selectmen Minutes of June 23, 2010 Present: Chairman Moran, Vice Chairman George Dentino, Clerk Douglas Annino, Selectman Jess Aptowitz, Selectman Olivier Kozlowski, William Ross, Town Manager Absent: Zoning Board of Appeals Committee Update Chairman Jack Vultaggio, Peter DeTrolio and Philip Shannon are present for meeting. Chairman Vultaggio stated the biggest challenge they face right now is a lack of secretarial support. Their secretary only works 8 hours a week and that includes meeting times. If a decision is not filed within 30 days the appeal is automatically granted. The ZBA usually meets twice a month and has been busy off and on with mostly 40 B housing proposals, cell tower placements. The board clerk does do quite a bit of the decisions to pick up the slack (due to the lack of support) but it is interfering with her work and she can no longer take it on. Mr. Shannon is upset with the way cell companies are presenting themselves in saying that the town is rejecting them. Mr. Ross informed the gentlemen that they have been misinformed and that the town has not rejected anything. After a brief discussion, Chairman Vultaggio stated that if the board cannot get more hours for their secretary they may lose members due to the increased time constraints the board will face. Atty. Robert Mangiaratti - Murphy, Hesse, Toomey & Lehane Attorney Mangiaratti thanked the board and the town for the opportunity to serve them over the past 20 years. He then gave a brief overview of the services that his firm has provided to the town over the years. Atty. Mangiaratti has always approached his work with municipalities with enthusiasm as he enjoys working with people that are involved in community service and care about their towns, such as Boards of Selectmen and City Counsels. Boord of Selectmen Minutes of June 23. 2010 He has been with his current firm for 4 years, prior to that, he operated his own practice for several years. Being with a larger firm enables him to enjoy and utilize a great deal of resources and personnel that he formerly did not have access to. Thus, they provide the town with a great deal of resources to drawn upon. In addition to the vast resources the town depts. have access to; they enjoy a solid working relationship with him and his firm. He has been town counsel for 20 years and would like to be retained as such. Selectman Dentino asked if he would be increasing his rate and Atty. Mangiaratti stated no, his rate will not only stay the same, but it is the lowest of his clients. This is largely due in part to the fact that Mansfield has been a client for over 20 years. Selectman Annino has known Atty. Mangiaratti for 30 years, has always enjoyed working with him, and values his opinion, legal or other wise. Selectman Aptowitz has worked with Atty. Mangiaratti for a few years now as well and has relied upon his expertise. The Board of Selectmen is conducting these interviews as part of updating their potential pool of resources and nothing against Atty. Mangiaratti. He is a fine attorney and they have enjoyed working with him. Selectman Kozlowski has enjoyed working with him as well and looks forward to it in the future. Atty. Mangiaratti thanked the board for their kind words. Atty. Paul DeRensis - Deutsch/Williams Atty. Paul DeRensis: His firm represents Foxboro in addition to some other surrounding towns. Mr. DeRensis is a graduate of Harvard College and Harvard Law School and member of the bar since 1975. In addition to his legal perspective, he has practical hands on experience with the problems faced by municipalities. He has been on the Planning Board and as a five term elected member of a Board of Selectmen. Atty. Rodney Hoffman is a principal of the firm and a member of the corporate law, municipal law and human services law groups. His municipal law practice focuses on contracting, construction transactions, and municipal procurement matters. His human services law practice focuses on the business aspects of human services delivery including Board of Selectmen Minutes of June 23, 2010 2 organization and structuring of legal entities, acquisitions, mergers. He has a lot of experience with contract negotiations. Airport insurance issues and litigation experience. Atty. Kimberly Saillant is a principal specializing in litigation. Ms. Saillant is a seasoned trial attorney with over twenty years of experience. Some of the areas of specialization in which Ms. Saillant has represented clients include: governmental defense, environmental issues, negligence defense, eminent domain proceedings, municipal board and department defense and administrative advice, civil rights claims and real property disputes. Selectman Kozlowski asked the attorneys what other types of law they practice in addition to municipal law. He also asked Mr. DeRensis if he saw a conflict with them representing both Foxboro and Mansfield. No, he sees it rather as a bridge that would be helpful rather hindering. Obviously if Mansfield sued Foxboro or vise versa, they would refer your case to special counsel. Selectman Kozlowski also asked a couple of questions in regarding to their fee structure and Atty. DeRensis briefly explained the process. Atty. DeRensis proposes a flat rate retainer of $54,000 for all the usual Town Counsel services. However this does not cover specialized tax, labor, real estate or litigation counsel. These services would be $185 per hour. Selectman Aptowitz and Annino have a few questions about how their firm bills as well. Atty. DeRensis stated that his flat rate quote is just that. They know they will most likely spend a lot of time and lose money serving the town the first year or two but they are willing to make the investment in order to retain a long term client. They do not intend to raise the rate anytime soon as they realize that town and cities across the commonwealth are stretched thin. Selectman Dentino has a few questions about their work in other towns. Do the larger towns require more legal services that the smaller towns? Atty. DeRensis stated not necessarily but sometimes they do. Selectman Aptowitz asked Atty. DeRensis or his firm have any experience in working with light departments/commissions. No, not directly, but they have worked with enterprise accounts and set ups like them. Mr. Ross asked if working with Foxboro and Mansfield water and sewer commissions would be a conflict. As both towns do work together on projects and don't always agree. How would you handle that? Atty. DeRensis stated that both towns would obviously know and have to agree to use counsel. Board of Selectmen Minutes of June 23. 2010 3 Mr. Ross noted the base amount for contract is only $54k but $185 an hour for labor atty. fees. Atty. DeRensis stated yes, labor fees (for union negotiations, ect) would likely not be covered in the base. Atty. Leonard Kopelman - Kopelman" Paige General Counsel Gregg Korbo and Labor Counsel David Jenkins are present as well. They provide counsel for both school and town sides in some communities. Leonard Kopelman is a renowned expert in municipal law, with over 40 years of experience representing municipalities in all aspects of municipal law, civil litigation, and administrative agency proceedings. Attorney Kopelman has served as the State Chairman of the National Institute of Municipal Law Officers and Chairman of the Municipal Law Section of the Massachusetts Bar Association. He has been recognized as one of the twelve most "Influential Lawyers in Massachusetts" by the National Law Journal and was recently named a "Super Lawyer" in municipal law by Law & Politics. He specializes in advising town officials and departments on state law issues affecting the operation of local government, including open meeting law, public records law, conflict of interest, municipal finance, Town Meeting, the implementation of local laws and regulations, and land use. Attorney Gregg Corbo's practice focuses on general municipal law, local code enforcement, and civil rights and tort litigation. Attorney Corbo counsels clients on the development and implementation of policy, drafting by-laws and regulations, contract review, and consultation on day-to-day operations, with primary emphasis on issues related to public health. Attorney Corbo also has extensive experience in land use litigation, including the defense of permit appeals and the prosecution of enforcement actions. Attorney Corbo also advises clients on municipal law issues, including town meetings, municipal charters and by-laws, conflict of interests, public records, the Open Meeting Law, and municipal finance. He has been Counsel in Norton for several years and would be our main Town Counsel contact as well. Attorney David Jenkins has over 28 years of labor and employment law related experience. He serves as labor counsel to numerous municipal clients for collective bargaining, individual employment contracts and employee benefits, grievance and arbitration, and disciplinary hearings before state and federal agencies. He also acts as lead trial attorney in major litigation in state and federal courts and agencies such as the MCAD involving labor and employment, allegations of tort, and civil rights violations against public sector clients. Boord of Selectmen Minutes of June 23, 2010 4 Attorney Jenkins is also the primary contact for several town counsel clients assisting them in a full array of general municipal issues, including town meetings, municipal charters and by-laws, conflict of interests, public records, the Open Meeting Law, and municipal finance. Selectman Kozlowski asked in they saw any conflict in them representing the Town of Norton as well as Mansfield. Atty. Kopelman also felt that serving two neighboring towns can be a benefit as opposed to a conflict. However, if a conflict arose, they would obviously designate special counsel for that case. Selectman Kozlowski asked Atty. Kopelman to state their hourly rate for the viewing audience. The firm charges $160 an hour however does provide free workshops and training. Selectman Aptowitz asked about the use of special counsel such as labor counsel used for union negotiations. Atty. Kopelman stated they do not charge more for the use of labor counsel. Mr. Ross asked if working with Norton and Mansfield water and sewer commissions would be a conflict. As both towns do work together on projects and don't always agree. How would you handle that? Atty. Corbo stated that he saw working with both towns as a good thing and he could provide a bridge between the two towns. Obviously if litigation was involved special counsel could be utilized. Selectman Annino asked Atty. Kopelman what their firm charges most towns the size of Mansfield. $5 per capita is the standard however; it depends on what types of cases the particular town litigates. In this case they are proposing $160 an hour. Selectman Dentino stated that he sees the name of Kopelman and Paige everywhere he turns. He asked if they are planning on expanding their practice or if they are starting to stretch themselves. Atty. Kopelman stated that yes; they do have great name recognition due to their press coverage, newsletters and literature. However, he feels that they can comfortably handle all their clients. Selectman Dentino asked if the firm was interested in providing services for a flat rate? Atty. Kopelman stated no, they tend not to. He provided a few examples of how a flat rate has been a problem in the past. Clients with a flat rate tend to have the mentality that "it doesn't cost us anything." Board af Selectmen Minutes af June 23. 2010 5 He further elaborated how towns tend to call for every little thing (what it's that could most likely be solved in-house.) with a flat rate. So while he would consider it and could talk to the town manager about it more depth, he did not believe that going with a fixed rate would be in the best interest of both the firm and the town. Atty. Kopelman stated he prefers a team approach where the firm works with the town manager to contain costs and control the cases where the town spends funds on. Either way the firm serves under the boards pleasure so if you don't like our service we can part ways. They have never been fired and when towns have not renewed them, they often return to them a few years later. Selectman Dentino is a believer in a flat rate. However, he is confident that this Board of Selectmen can work together to contain costs under any fee structure. Atty. Kopelman stated that a flat fee is often not the best way to contain costs, controlling your use of litigation and the length of time cases go on is what racks up the fees. As a firm, they are very sensitive to the "run away train" issues related to the cost of legal counsel. Chairman Moran thanked the firm for coming in. The Board of Selectmen will review references for all the firms and make a decision at an upcoming meeting. Weekly Business Warrant No. 10051T in the amount of $262,145.31 Motion: To approve. (Aptowitz/Dentino) 5:0 passes Warrant No. 10051E in the amount of $30,911.97 Motion: To approve. (Aptowitz/Dentino) 5:0 passes Warrant No. 10051S in the amount of $8,000.00 Motion: To approve. (Aptowitz/ Annino) 5:0 passes Warrant No. 10051PT in the amount of $348,111.70 Motion: To approve. (Kozlowski/ Annino) 5:0 passes Warrant No. 10051PS in the amount of $2,733,765.15 Motion: To approve. (Aptowitz/Dentino) 5:0 passes Warrant No. 10051SV in the amount of $854,348.47 Boord of Selectmen Minutes of June 23, 2010 6 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes · Application for Entertainment License from the Old Country Store. Motion: To approve. (Dentinol Aptowitz) 5:0 passes · Application for street closure for Downtown Family Fun Night on July 13, 2010. Public Safety approves. Motion: To approve. (Dentinol Aptowitz) 5:0 passes · Bond rating approvals for water and sewer bonds from Roxanne Donovan, Town Treasurer. Approved at town meeting and bos signatures are needed for renewal. Correspondence . Requests for appropriation transfer of funds from Town Accountant, John Stanbrook. These requests have been approved by the town manager and FinComm. Motion: To approve. (Aptowitzl Annino) 5:0 passes · Letter from Town Accountant, John Stanbrook regarding transfer request for Town Clerk expenses. Motion: To approve. (Aptowitzl Annino) 5:0 passes · Letter from State Senator James Timilty in response to area towns and cities requesting assistance in complying with the new open meeting law requirements. Town Managers Report . Letter from Lt. Crickard in regard to Comcast overage. Phish concert yesterday. Motion: To send overage letter to Comcast for violation. (Aptowitz/Dentino) 4:1 passes . GATRA update: Any money the town gives to GATRA for extra service will be taken off the MBT A assessment and not charged. Motion: To support expanded services. (Anninol Aptowitz) 5:0 passes . Canoe River Dam update. FEMA has been contacted and dam repairs may be covered under the March storm reimbursement. Board of Selectmen Minutes of June 23. 2010 7 . Update on Verizon FIOS service in town. Mr. Ross spoke with Rick Colon about expanding the service in town and the fees that it would cast to do so. Street cutting, permitting, labor, etc. BaS Old and New · Selectman Kozlowski: Question about revenue projections. Mr. Stanbrook is following closely. . Selectman Aptowitz: He went to Phish concert last night with PD until 8pm and again, they were busy. Questions about revenue numbers and audit reports for FYlO. . Selectman Annino: Questions about reorganization. Mr. Ross will discuss at a July meeting. . Selectman Dentino: Buffet concert on Saturday, parking lot closed by 8pm and several ticket holders were denied parking. Causing parking issues for both the Mansfield and Norton PD's. Mr. Ross will be sending a joint letter to them with the chiefs. Questions about wells and pumping stations. (The town has 5) He would like to explore geo-thermal or solar heating options. Mr. Ross has been working on the issue with DPW staff. Questions about fuel canopy suit costs. Please provide a total to date. Also question about lack of lighting at the canopy. Mr. Ross will address. Questions about car repairs for municipal vehicles. Mr. Ross will address. Questions about sick leave buy back and comp time. Even more questions about union positions and rights. Once again, Mr. Ross will attempt to address. . Chairman Moran: Happy Birthday George! Board of Selectmen Minutes of June 23. 2010 8 Adjournment Motion: Adjourn meeting at !0:40pm (Aptowitz) 5-0 Passes :l3(J~~1;: ~ Signature of Clerk ~u4' II, 2tJltJ Date of Approval Boord of Selectmen Minutes of June 23, 2010 9