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HomeMy WebLinkAboutSELECTMENminutes09292010 Town of Mansfield Board of Selectmen Minutes of September 29, 2010 Present: Chairman Moran, Vice Chairman George Dentino, Clerk Douglas Annino, Selectman Jess Aptowitz, Selectman Olivier Kozlowski, William Ross, Town Manager Absent: Veterans Office Donation Kevin Doyle, Democratic Committee Chairman and member David Martin are present to give donation to the Veterans Office. The donation of $300 was raised through their annual softball game against the Republicans. Open Meeting Law workshop Representatives from Deutsch and Williams are present for discussion. What can you do to ensure the Public Body's deliberations are OPEN to the public Before, During, & After a meeting? The following is a review of the Open Meeting Law M.G.L. c. 30A 88 18-25 . What is a Meeting? The Law's Definition: A deliberation by a public body with respect to any matter within the body's jurisdiction . Definition: Deliberation is oral, written or email communications on public business Between or among a quorum of a public body . Quorum: Majority of members . Subcommittees: included in definition of public body (multiple-member body created to advise or make recommendations) . Gatherinq is Not a Meetinq IF: Members Do Not Deliberate & the gathering is: An on-site inspection of a project or program. A public or private gathering, including a conference or training program or a media, social, or other event. The attendance by a quorum at a meeting of another public body that complied with open meeting law. If the visiting members communicate only by open participation in the meeting on those matters discussed by the host body. Boord of Selectmen Minutes of September 29. 2010 . A meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it. . A session of a town meeting . Governmental bodies may not circumvent the open meeting law by conducting deliberations via private messages, whether: electronically in person over the telephone or in any other form . Postina the meetina Date & Time of the meeting of the posting Place Topics the chair anticipates discussing: with sufficient specificity to reasonably advise the public of the issues to be discussed at the meeting . Postin9 Requirements Hard Copy Attorney General May Approve Electronic Format 48 hours prior to meeting Excluding Saturdays, Sundays & legal holidays Emergency Exception: sudden, aenerally unexpected occurrence or set of circumstances demandina immediate action. Post as soon as reasonably possible. Conspicuous, Legible, & Easily- Understandable Format . Where to Post Notice Local Public Body: File with municipal clerk, and post where conspicuously visible to the public at all hours inside or on clerk's office's building . Durina the Open Meetina Remote participation if A.G. approves it . Public may submit comments by October 1st. Recording (chair must inform attendees of any recordings) Addressing the meeting (requires permission of chair) . 10 Purposes to have executive session: M.G.L. c. 30A !l 21(a) !l 21(a)(1): To discuss an individual, public officer, employee or staff member's: Board of Selectmen Minutes of September 29, 2010 2 . Reputation . Character . Physical condition, or . Mental health . Discipline or dismissal, complaints or charges against the individual Individual's Rights in Executive Session . To receive written notice at least 48 hours prior to executive session . To be present . To speak on his own behalf . To create an independent record by audio recording or transcription . To have Counselor Representative present for purpose of advising (not for participation) . 21(a)(2): Strategy session for negotiations, collective bargaining sessions, or contract negotiations with nonunion personnel . !l 21(a)(3): Strategy session respecting collective bargaining or litigation if an open meeting will hurt Committee's bargaining or litigating position AND the chair so declares . !l 21(a)(4): Security personnel or device deployment or strategy . !l 21(a)(5): Investigate charges of criminal misconduct or consider filing criminal complaints . !l 21(a)(6): Consider purchase, exchange, lease or value of real estate if open discussion would hurt Committee's negotiating position . !l 21(a)(7): Comply with any general law, special law, or federal grant-in-aid requirements . !l 21(a)(8): Consider or interview applicants by a preliminary screening committee Board of Selectmen Minutes of September 29, 2010 3 . If chair declares an open meeting will have a detrimental effect in obtaining qualified applicants . Not if applicants have already passed an initial screening committee . !i 21(a)(9): Meet or confer with mediator . !i 21(a)(lO): Discuss trade secrets Minutes must include: . Date, Time, Place . Members Present/Absent . List of All Documents Used at Meeting . (Full copies need NOT be part of minutes, but they ARE part of the record and must be kept for public access.) . Discussion Summary of each & every topic . Record of All Votes (including votes made by roll call) . Decisions Made & Actions Taken After the Open Meeting . Make Minutes Available on Request . Draft form or approved . Including photos, recordings, maps used at meeting . Within 10 days of request . Notes, Recordings, & Other Materials Used to Prepare Minutes . All Documents and Exhibits Used at Meeting Indefinitely Withheld from Public: . Personnel files . Medical files & employee personal materials if disclosure would be an invasion of personal privacy Board of Selectmen Minutes of September 29. 2010 4 . Attorney-client privileged communications . Information and records acquired by the Office of the Child Advocate . Law Enforcement's investigatory materials that, if disclosed, would prejudice enforcement of the law For more information please see www.mass.gov/ag%penmeeting Q&C None Weekly Business Warrant No. 11013T in the amount of $1,208,956.07 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11013E in the amount of $183,179.81 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11013S in the amount of $61,195.00 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Discussion: The school comm. bought a school bus that the Board of Selectmen feel should have gone through capital improvement committee regardless of funding source. Mr. Ross stated that this type of issue has come up numerous times and that Town Counsel will be devising a policy that involve what capital expenditures are. Warrant No. 11013PT in the amount of $286,365.80 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11013TV in the amount of $81,497.44 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11013PS in the amount of $1,344,221.72 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11013SV in the amount of $386,549.80 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen Minutes of September 29. 2010 5 . Board of Selectmen meeting minutes of September 22, 2010 Motion: To approve as amended. (second page, first paragraph) (Kozlowski/ Aptowitz) 5:0 passes · Board of Selectmen meeting minutes with IMA August 31, 2010 Motion: To approve. (Kozlowski! Aptowitz) 5:0 passes Correspondence · Artist Wine & Cheese Reception Thursday, September 30th 4-6pm to celebrate the first year anniversary of the Mansfield Adult Day Health Center on Branch St. . Request from the Mansfield Women of Today for a sign on the S. Common and a banner over Rt. 106 for the Holiday House Tour on December 5th. They would like to hang a banner over the "South Common" sign (on the South Common) as their easel is broken. Dates for display would be: November 1" to Dec 4th. The board had no issue with the Rt. 106 banner, but not noted that the request as worded would obscure the South Common sign for a fairly long time and the Town Manager might be able to determine a more suitable placement than the South Common sign. Motion: To approve banner over rt. 106 and placement of sign on S. Common subject to placement by town manager. (Dentino/Kozlowski) 5:0 passes · Letter from the Baldwin's regarding school purchases not going through CIP. As this is an issue for the board, a short discussion ensued regarding the use of CIP and what purchases would go through them. Town Managers Report · Update of train station parking situation. Mr. Ross is looking into electronic payment options. . Exploration of solar energy partnerships for MMED electric use. . Re-report of municipal cell phone use. The DPW is already on the state plan and the MMED is also looking at it as well. · Sunday liquor sales regulations cannot go into effect in Mansfield until passed at town meeting. Board of Selectmen Minutes of September 29, 2010 6 . Early retirement plans have been submitted to the state. After review it must go to town meeting before adoption. However; many restrictions apply and were briefly discussed. BOS Old and New . Selectman Kozlowski: none · Selectman Aptowitz: Audit Committee met tonight and will be presenting fiscal audit soon. He would also like to start working on the Comcast Center license with Norton to work out issues that arose this past concert season. October 27th we will continue the public hearing of Sept. 13th. (MMED) October 4th there will be office hours for Selectman Aptowitz. · Selectman Annino: He has met with the public buildings person to discuss the maintenance of municipal buildings. . Selectman Dentino: He asked Mr. Ross if a resident inquired about boarding up or removing the Fales Oil property building. Mr. Ross responded that yes, a resident did call the office and he will be discussing the issue with the DPW and Building Inspector. Follow up questions regarding use of Mansfield Green. It will be revisited at a future meeting. Follow up questions regarding use of MMED children's programming. Follow up questions regarding foreclosed properties by the town. He would like a list of town owned property that may be available for sale. . Chairman Moran: The changes in the open meeting law have presented many challenges to how the board operates. He will be working with the secretary and other members on how to adjust the meeting agenda topics to comply with the law. Next week the Board of Selectmen will discuss an appointment to the CIP as the board needs a second member on that committee. Boord of Selectmen Minutes of September 29. 2010 7 Adjournment Motion: Adjourn meeting at !0:17pm (Aptowitz) 5-0 Passes 23tJ~~l:: ~ Signature of Clerk tfldOk 0; 2(/1(/ Date of Approval Board of Selectmen Minutes of September 29, 2010 8