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HomeMy WebLinkAboutSELECTMENminutes05022012 Town of Mansfield Board of Selectmen Minutes of May 2, 2012 Present: Chairman Jess Aptowitz, Vice Chairman Olivier Kozlowski, Clerk Douglas Annino, Selectmen Moran, Selectman George Dentino William Ross Town Manager Absent: Town Clerk Job description approval Town Clerk Helen Christian will be retiring soon and the job description needs to be updated prior to recruiting a replacement. Mr. Ross and Mrs. Christian have reviewed job descriptions of surrounding towns and recommend the Board of Selectmen approve the description below. Selectman Annino would like to see the supervision given/received deleted. He would also like to see a college degree preferred in description. Position Purpose: The purpose of this position is to perform administrative and supervisory work in connection with the maintenance of official municipal records, the issuing of various licenses and official documents, the management of the Town census, and the direction of election activities; performs all other related work as required. Supervision: Supervision Scope: Performs a variety of highly responsible functions in accordance with state Statutes and town bylaws requiring the exercise of considerable judgment and discretion in interpretation and application, and for which there is direct accountability to the Commonwealth. Supervision(Received) Works under the policy direction of the Town Manager, and in accordance with the provisions of the Massachusetts General laws and the rules and regulations of the Secretary of State's office and the Department of Revenue. Board of Selectmen Minutes of May 2, 2012 Supervision (Given): Supervises two (2) or more employees and numerous seasonal election workers. Job Environment: Operates computer and general office equipment such as copier, fax and telephone. Makes frequent contacts with town departments, boards and committees, state and county officials and the general public, to provide information and solve problems. Contact usually involves the provision of information of a technical or factual nature to the public or interested parties. Has access to confidential information such as restricted vital statistics. Errors could result in delay and confusions, result in the improper disclosure of confidential information, have legal and/or financial repercussions, and cause adverse public relations. Essential Functions: Acts as the Information Source to the town departments and the general public regarding all federal, state and local regulations and town bylaws, rules and regulations. Serves as Custodian of all Town Records. Has custody of books, reports, and laws received from the Commonwealth. Serves as Chief Election officer for the Town with full responsibility for all election activities; records votes taken at town meetings and notifies appropriate agencies. Serves as Clerk of the Board of Registrars supervising all aspects of voter registration; hires, trains and supervises part-time election personnel. Manages voter lists and related functions using automated State voter registration information system. Prepares and receives nomination papers of candidates for town elections and posts lists of candidates duly nominated. Prepares and orders ballots and other necessary forms for local elections. Makes arrangements for application, mailing and return of absentee ballots at all elections. Makes arrangement to get voting equipment to the precincts. Maintains Board of Selectmen Minutes of May 2, 2012 2 computerized election equipment. Transmit to the Secretary of State after every Federal, State,and Local election, a complete list of Town, State and Federal election results, officers elected and qualified; reports any changes in such offices as they occur. Serves as Registrar of Vital Statistics,recording births, marriages and deaths; serves as custodian of town records and issues certified copies of same; records and issues certified copies of births, deaths and marriages; submits reports to state and other authorities as required. Assists the public in conducting genealogical research, using such records. Records Town Meeting Votes and sends accepted bylaws to the Attorney General's office for approval. Certifies votes of all Town Meeting actions,as required. Prepares calendar for annual and special town meetings. Prepares voter list for checking voters into town meetings, keeps records of attendance. Notifies Secretary of State of the acceptance by the Town of Chapters and Sections of General laws and of any Special Acts. Records and files applications, maps and decisions of the Planning Board. Records and maintains, files on preliminary and definitive subdivision plans; receives and records decisions of Zoning Board of Appeals and all appeals to such decisions. Administers the Annual Town Census; responsible for the updating, printing, and mailing of the census;- conducts follow-up mailing for unreturned census; prepares annual street list. Receives and files meeting notices of all town boards and committees. Serves as Keeper of the Official Seal of the Town; administers oaths as necessary to all elected officials, appointed members of boards and committees, and police and fire department personnel. Prepares and oversees the budget for the Town Clerk's Office. Handles Public Notice Fillings. Records telephone pole locations; bills for pole locations and collects fees. Records, files and indexes business certificates. Searches for records for public and furnishes certified copies. Boord of Selectmen Minutes of May 2, 2012 3 Submits copy of Annual Town Report to the DOR Director of Accounts and also furnishes to said Director, copies of all votes to authorize the incurrence of indebtedness with 48 hours after such votes become effective. Supervises and participates in all operations of the Town Clerk's office. Collects and records all fees. Maintains cash record book with weekly accounting to Treasurer and Accountant on all fees collected by the office; cash turned over to Treasurer weekly. Prepares annual budget for Town Clerk and Elections and Registration. Attends Clerk's conferences, meetings and seminars to keep abreast on all activities and responsibilities of the Town Clerk. Prepares the Annual Report for the Town Clerk and Board of Registrars for the Town Report. Qualifications: Delete: High School graduation plus two years of higher education, ADD: Associates degree, five years experience in municipal government, preferably in an office of Municipal Clerk; any equivalent combination of education and experience. NEW Associates Degree required, five years' experience in municipal government, preferably in an office of Municipal Clerk; or an equivalent combination of education and experience. Motion: To amend qualifications as stated above. (Kozlowski! Annino) 5:0 passes Comcast Center license was to be discussed this evening however the discussion has been delayed to next week. Board of Selectmen Minutes of May 2, 2012 4 Front Tier Chemical settlement offer Mr. Ross stated that we have been notified by Webster Szanyi, law firm of Frontier Chemical Royal Avenue Site PRP Group (PRP), that the Town 0 f Mansfield has been named in a superfund site cleanup in New York from past waste disposal. Town Counsel has reviewed the documents and has found them appropriately detailed and authentic. The PRP Group is offering the town an opportunity to join the Group or enter into a settlement for $2,000.00 to resolve our potential liability at the site. The town's transaction costs, including attorney fees, even to communicate with representatives of the state and PRP committees would far exceed the proposed settlement amount. This offer is only good until May 6, 2012; as such we must contact Webster Szanyi by the close of business on that date if we wish to accept PRP Group's offer. Therefore, Mr. Ross recommends that the board sign the required release form and pay the settlement, as proposed. Unfortunately the site has been declared a super fund site since then and anyone who has used this site (even legally at the time) is liable for damages. Selectman Kozlowski was concerned a) about the legitimacy of the demand and b) that whether federal and New York state environmental authorities were signing off on the release of liability that could be obtained for the requested $2,000. Mr. Ross stated that town counsel has reviewed the documents and recommends signing the agreement, but that he would look into the concerns expressed by Selectman Kozlowski before signing. Chairman Aptowitz stated it is unfair for the town to be penalized but that is just the way superfund sites work. Motion: To accept settlement as recommended by town counsel providing release is for all claims. (Kozlowski/Dentino) 5:0 passes Discussion: Will this release the town from all federal and state claims as well? Mr. Ross will contact town counsel for further information. Q&C Karl Clemmey, Essex St. Would like to discuss bylaws and "how a town meeting is run" class for the public prior to the next town meeting. The residents don't always know the law and how zoning articles work. Board of Selectmen Minutes of May 2. 2012 5 He also had various issues with the Conservation Commission articles that were presented at town meeting. Mr. Clemmey also feels that the Town Planner should not be giving his personal opinion at town meeting as well. Selectman Kozlowski stated that article 38 (Essex St property) was to authorize the transfer of land, and that the authorization permitted the selectmen to transfer all or just some of the land. The actual transfer has not been done yet. Pam Gagnon, Gladiola Terrace. Has several issues with the way the budget was handled this year. It was clear that the residents wanted more collaboration between the town manager and the school superintendent. However, it was wrong to exclude the Board of Selectmen and FinComm and just do it without them. A tremendous disservice was made to all the members of the Fincomm by excluding them from the budget process this year. However, Chairman Aptowitz stated that FinComm was invited to budget meetings and chose not to attend. Selectman Dentino stated that when 6 members of the FinComm resigned the town lost valuable members with many years of experience. Perhaps we should see if we can get some of them back, or at least find out what prompted them to leave. However, back to the budget, it needed to be resolved and it was unwise to go to town meeting without a balanced budget. That is why a compromise was made and free cash was used to balance the budget this year. He would like to see the Board of Selectmen invite the former FinComm members to a meeting to see where we went wrong. Selectman Moran stated he knows that the budget was far from perfect however there was not going to be a good outcome either way. Free cash was going to be used or 23 teachers were going to be laid off. Those were the choices. Mr. Ross and Mrs. Hodges crafted a budget the best way they could. Unfortunately it ended badly with the FinComm. Selectman Kozlowski stated that the new spirit of cooperation with the schools does not mean each side assists the other in promoting additional spending. Instead, the focus should be on combining efforts to achieve efficiencies and cost savings. Selectman Annino feels that the budget was a shell game this year and that the FinComm did need more time with the budget. It is upsetting that we lost such talent with the resignation of 6 members of the committee. Board of Selectmen Minutes of May 2, 2012 6 Selectmen Annino is also upset with the residents that left right after the school budget was voted. There are several important articles on the warrant after that and residents should care about the whole towns business not just one part of it. Chairman Aptowitz was on the FinComm prior to being on the Board of Selectmen and is sad that the members chose to resign. He was also frustrated with town meeting this year and asks that resident's participant in all town business, not just a part of it. T here were many zoning articles on the warrant and zoning of the town is a very important part of town development. The town elections are next week so please take 5 minutes and go and vote. This is your town. Pam Gagnon came back to the podium. Her goal is not to be critical of anyone in particular. She likes everyone, however stress and pressure got to the board and they made bad choices. Selectmen Dentino and Annino would like to invite the former members into a meeting to discuss what went wrong. Selectman Moran stated that he welcomes then to come to a meeting. However, they really should have contacted them to express concerns prior to their resignation. Mr. Ross stated that he meet with Mrs. Hodges this morning to start a schedule of collaborative meetings. Both with Board of Selectmen/School Committee and meetings between town and school administration staff will be scheduled soon. Mr. Ross provided a brief overview of how and why he and Mrs. Hodges crafted the budget the way they did. He also stated that there were ongoing problems with fincomm members that resigned and that was unfortunate. Selectman Kozlowski noted that because of union contract terms, staff layoffs would be concentrated on the teachers and staff with the least seniority, thereby requiring more layoffs to achieve the needed savings in the salary line item. He would like to see a projection well in advance of the next budget season - and this is something that the Finance Committee could assist in creating - of what the savings would be if nobody got a raise or lane / step increase. If a budget gap could be closed in this manner instead of by layoffs, it would not affect class sizes. Selectman Kozlowski expressed doubt that union leadership would allow this to happen, but if they failed to consider it, they should bear some responsibility for increased class sizes due to layoffs. Mr. Ross stated that the lobbying group spending the most in the last year to influence legislation is the Mass Teachers Association and that this sort of solution is unlikely to be considered. Boord of Selectmen Minutes of May 2, 2012 7 Steve Schoonveld, remaining FinComm member came to the podium. He is an actuary so he can project budgets. His personal and professional financial experience far exceeds his 4 months of FinComm experience. He also stated for the record, that FinComm has not been involved in the process as much as they should have been. However, what is done is done and they need to move on. After a lengthy conversation recapping all the above points Selectman Kozlowski suggested that the former board members should be asked to come in for an exit interview and could apply for re-appointment. The invitation was then revised as an "invitation to talk." Chairman Aptowitz will contact the members to see if they are interested. Weekly Business Warrant No. 12043PT in the amount of $281,394.85 Motion: To approve. (Kozlowski/Moran) 4:1 passes (Dentino nay) Warrant No. 12043TV in the amount of $83,581.71 Motion: To approve. (Kozlowski/Moran) 5:0 passes Warrant No. 12043P5 in the amount of $1,390,473.65 Motion: To approve. (Kozlowski/Moran) 4:1 (Annino nay) Warrant No. 120435V in the amount of $446,038.96 Motion: To approve. (Kozlowski/Moran) 5:0 passes Warrant No. 12043T in the amount of $810,707.55 Motion: To approve. (Kozlowski/Moran) 5:0 passes Warrant No. 12043E in the amount of $341,864.85 Motion: To approve. (Kozlowski/Dentino) 5:0 passes Warrant No. 12044T in the amount of $1,240,562.87 Motion: To approve. (Kozlowski/Moran) 5:0 passes Warrant No. 12044E in the amount of $28,877.44 Motion: To approve. (Kozlowski/Dentino) 5:0 passes Warrant No. 120445 in the amount of $185,997.92 Motion: To approve. (Kozlowski/Moran) 5:0 passes Board of Selectmen Minutes of May 2, 2012 8 Warrant No. 12044PT in the amount of $293,378.59 Motion: To approve. (Kozlowski/Moran) 4:1 passes (Dentino nay) Warrant No. 12044TV in the amount of $85,620.27 Motion: To approve. (Kozlowski/ Annino) 4:1 passes (Moran nay) Board of Selectman meeting minutes of April 11, 2012 Motion: To approve. (Kozlowski/Moran) 5:0 passes Board of Selectman meeting minutes of April 18, 2012 Motion: tabled Drainlayer license application from Walsh Contracting Corp. Town Engineer recommends approval. Motion: To approve. (Moran/Kozlowski) 5:0 passes 2012 Water Restrictions request to implement phase 1 water restrictions starting May 4th. Motion: To approve. (Moran/ Annino) 5:0 passes Sign order of taking for Shea Circle and DiMascio Drive. Parking lot license application for Comcast Center. Motion: Hold. June 3rd block party and race request from Donald Pierce of Mayflower Drive. Public safety has approved. Motion: To approve. (Moran/Kozlowski) 5:0 passes Correspondence . Announcement: 18th annual gardening on the green plant sale. May 19th 9am -12pm . Email to Board of Selectmen from Dan and Lynn Cavicchi regarding the resignations of fincomm members. . Letter from William Sarro regarding requirements of Wine and More license. Discussion: To forward to town counsel for opinion on who should be delivering this information. Boord of Selectmen Minutes of Moy 2, 2012 9 . Email from ACS relay coordinator. Board of Selectmen approved event a few weeks ago but they forgot to ask for a tent permit waiver. Motion: To approve. (Moran/Kozlowski) 5:0 passes Letter from SRPEDD requesting nomination for Commissioner. Mary Burgess will not be able to continue so we need new representative. . Letter of resignation from Kevin O'Donnell from the canoe river aquifer advisory committee. Motion: To accept resignation with regret and send thank you letter. . Letters of resignation from fincomm members. . Proclamation for the Mansfield Sister City Celebration in England. Motion: To sign. (Moranl Annino) 5:0 passes Town Managers Report . Federal reimbursement for last August's tropical storm damage expenses . Fiber installation and ring will be finished soon providing better radio services for public safety. . Transformers for substation have been delivered and will be installed soon. . Health insurance group has been able to maintain a good ratio so far this year. . We will receive a 470 reduction in our dental plan premiums for FY13. . The House has adopted the budget and has forwarded it to the Senate. . Stearns Ave landfill work has started and the capping will commence soon. . Grant through state, Wi-Fi is being installed in high school cate. (and then possibly throughout the high school building). BOS Updates Selectman Kozlowski: Plymouth St. fields are being used for police/EMT training tomorrow. . Chairman Aptowitz: This is the last meeting before elections and reorganization of board. Thank you to everyone for working so hard and for the good of the town. . Mr. Ross stated that by next week we will be having cabling and overhead projection work done. It will eliminate all the cables and wires that are now all over the floor and tables. This project is being funded by the Cable Access Board. . Selectman Annino: Need to schedule downtown walk as a board. Board of Selectmen Minutes of May 2, 2012 10 Selectman Moran: None . Selectman Dentino: Great American Clean Up was this past weekend and went well. However, he did not see Sheriff Hodges crew out. Adjournment Motion: Adjourn meeting at 9:35pm (Moran) 5:0 passes 'DfUt9tM AiUWw 711aff 23, 2012 Signature of Clerk Date of Approval Board of Selectmen Minutes of May 2, 2012 11