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HomeMy WebLinkAboutBOS MINUTES 12-15-1982BOARD OF SELECTMEN AGENDA December 15, 1982 1. 7:00 P.M. Meeting Opened for Correspondence Review 2. 7:30 P.M. Meeting Called To Order Reorganization of Board 3. Clerk's Folder 4. Warrants 5. Correspondence 6. Minutes of December 8, 1982 7. Town Manager's Report 8. Board Reports 9. Adjournment BOARD OF SELECTMEN MINUTES OF MEETING December 15, 1982 PRESENT: Selectmen Dunn, Wills, Levine, Parsons, McNair, Acting Town Manager, Joan Cutillo 7:30 P.M. Meeting called to order by Selectman Levine. She then asked for nominations for chairman of the Board. MOTION: That Sandra Levine be Chairman. Parsons /Dunn VOTED: 4 -0. MOTION: That James Wills be Clerk. McNair /Dunn VOTED: 4 -0. MOTION: To change order of agenda and continue with reorganization at this time; and to reinstate W. Chadwick Maurer as Town Manager for the balance of his term. Wills /Parsons Motion Withdrawn.at this time. Karl Drown - Health Agent Mr. Drown was present to discuss the cleanup of PCB's at the electric light plant. Some equipment and soil has to be cleaned up and shipped out and as light commissioners, they have to declare it an emergency so that it can be done as soon as possible. PCB oil has leaked 18 ". into the ground covering a 20'x16' patch and some is on N.E. Drawn Steel property. They will have to obtain permission to clean up their property. Mr. Drown noted that no more than 1 part per million is allowed by EPA, and the PCB's at the light plant are 20 -50 parts per million. He has contacted three firms for the cleanup operation. He learned of this about two weeks ago in conversation and has been working on it since that time. The three firms contacted were SCA, Jetline Services and Clean Industries with Clean Industries coming in with the lowest estimate of $10,646.45. * MOTION: To direct the Town Manager to accept the lowest bid and execute the contract. Wills /Parsons VOTED: 5 -0. Mr. Drown has talked to Bill Robertson about it and found a letter dated 8/22/82 on the high PCB levels at the plant. The money for the cleanup will come the electric light budget. It was asked if the Board of Health knew about it, which they did not until he informed them of the situation. * MOTION: That the Board reinstate the Town Manager /Municipal Light Director for the balance of his term ending August 18, 1983 and to make financial arrangements on it. Wills /Parsons Temporarily withdrawn. Selectman Wills recommended the first discussion should be with the former town manager. Mr. Maurer noted that he would accept it for the balance of his term, but as a condition he would like a provision relating to perfor- mance evaluation date. Would like it to be moved from February 17 of each year to June 15. He would also like criteria established on the evaluation. This criteria will be on how the evaluation will be conducted. It was noted that a favorable evaluation does not mean they would continue his term for another three years. BOARD OF SELECTMEN MINUTES OF MEETING December 15, 1982 Page 2 AMENDED MOTION: To amend Town Manager's contract to make notification date June 15 instead of February 17 and to include criteria on the evaluation. Wills /Parsons Withdrawn temporarily. There was discussion on how the Town Manager would get salary as he has collected severance and vacation pay. It was suggested that he not draw any salary until it catches up with where he left off. Selectman McNair suggested that they look at previous years evaluations and asked about the legality of reinstatement. Selectman Wills saw no reason why it couldn't be done right now. Mr. Maurer suggested waiting for Town Counsel's opinion before making a decision. Poll of Board was to obtain Town Counsel's opinion. Town Counsel noted that the contract they had is no longer in effect. They could appoint him on an interim basis as Acting Town Manager or give him a new 3 year contract. If they wish to continue it until the end of his contract, this would be satisfactory, but there is no existing contract between the parties. That ended the night he was terminated. The benefits would be the same if appointed as an Acting Town Manager. Selectman Dunn asked if they could reconsider a previous decision by a prior board, which they can. At this point, he would be serving under the same contract he had before. The contract could be amended if it is agreeable between the two parties. This is called a novation to the contract. * MOTION: That the Board reconsider action taken on November 22, 1982 to dismiss the Town Manager. Parsons /Wills; VOTED: 4 -1 McNair opposed. * MOTION: To continue Town Manager in present contract until expiration and to negotiate amendments in contract to change date of evaluation to June 15 and to establish criteria on perfor- mance evaluation. Wills /Parsons VOTED: 4 -1 McNair opposed. Board expressed appreciation to Joan Cutillo for her work and felt she did a fine job under the circumstances. Selectman McNair asked Town Counsel if there would be a problem on the warrants. He mentioned that there should be no problem as this is only an administrative function and that they are not directly involved with salary negotiations. He had contacted the Attorney General's office on this matter. In meetings with School Committee and Finance Committee, they will also be able to discuss issues without conflict. Selectman Levine asked if the town pays for Board's special counsel, should they pay for town manager's counsel. Town Counsel noted that according to the Charter, the Board may employ special counsel as deemed necessary and they are responsible to pay legal counsel. It does not spell out in the Charter about paying for town manager's counsel, just Board's counsel. She then asked him about the piggery case, which has been continued to January. BOARD OF SELECTMEN ( MINUTES OF MEETING December 15, 1982 Page 3 Selectman Levine then informed the Board of procedures for running their meetings and suggested they write down ideas on how they would like things to be done at meetings, setting up agendas, etc. This will be discussed next week. Clerk's Folder: * Renewal application for Sheraton - Mansfield, Joan Caldon, Mgr. Approved. McNair /Parsons VOTED: 5 -0. * All alcoholic beverage license, Old Colony Diner, Joseph St.Onge to be signed, was approved last week. Vote reaffirmed and license signed. McNair /Parsons VOTED: 5 -0. * License application, No Place Special for live entertainment, weekdays. New license. Approved. Wills /McNair VOTED: 5 -0. * License application, No Place Special, weekday music machine, approved. McNair /Parsons VOTED: 5 -0. Application for license, 20 automatic amusement machines, Peter Bent, 56 Oakland Street. Hearing date to be set. * MOTION: To set January 5, 1983 at 8 P.M. for hearing. Parsons /McNair VOTED: 5 -0. Copy to building inspector. Correspondence Letter of resignation from Ken Parsons to Planning Board. Board of Selectmen thanked him for his service on the planning board. Capital Improvements Committee notice of meeting 12/16/82. Board has to appoint a new representative to replace a former Selectman. * MOTION: To continue Sandra Levine on CIP Committee. Wills /Parsons VOTED: 4 -0 Levine abstained. * MOTION: To appoint Ken Parsons to CIP Committee. Dunn /Wills VOTED: 4 -0. Letter from Weststar Associates re: renovation to Travenol and increasing sewerage amount 80 GPD. This is well below the 1400 GPD limit approved previously. * MOTION: To approve the sewer connection for Travenol, not to exceed 1400 GPD. Wills /Dunn VOTED: 5 -0. Reports from Police Chief re: radar and liquor disturbance calls. BOARD OF SELECTMEN ( MINUTES OF MEETING December 15, 1982 Page 4 Board would like to know how long it Will take to repair radar equipment and if new unit has been purchased. From Town Counsel re: transcript of 9/7/82 hearing. From Town Counsel re: pending litigation. * From Bd. of Certification re: Bob Morrison passed Grade II operator exam. Letter to be sent to Bob Morrison on job well done. McNair /Wills VOTED: 5 -0. From Town Counsel re: addition to water regulations. On Hold, has to be adopted by the Water Commissioners. From Town Counsel re: water contract 82 -3, change order to include 2250' of water mains for an additional $80,228.56, On Hold for further explanation. MMWEC power bill for November. EOCD Notice re: state replacement of federal grant review process. GATRA Annual Report * From American Legion re: requesting permission for their annual walk for youth, April 10, 1983. Approved subject to Police Dept. approval. Wills /McNair VOTED: 5 -0. From Bristol County Mosquito Control re: proposed change to eliminate use of aircraft. Copies to Conservation Commission &Board of Health. * MOTION: That we write to representatives supporting position of pesticide board on this matter. Wills /Parsons Withdrawn. From Mass. Collectors' & Treasurers' Assn. re: Joan Cutillo has earned designation of Certified Mass. Municipal Treasurer. Board congratulated her on this accomplishment. * MOTION: To send letter of congratulations to Town Treasurer. Wills /Dunn VOTED: 5 -0. From Barney Frank re: closing of.Attleboro welfare office. From Friends of Borderland re: Zola gravel operation.. Copy to Bldg. Inspector. From Dept. of Revenue re: free cash deficit of ($66,224.54). Ms. Cutillo noted there will be no free cash next year and they should make an effort to certify enough by March 31. On Hold. From Planning Director re: Fair Housing Committee. Ms. Cutillo noted that regarding affirmative action plan, we have contacted another town that will share their plan with us. BOARD OF SELECTMEN MINUTES OF MEETING December 15, 1982 Page 5 Fire Chief Leonard came before the Board to discuss a bid award for the fire alarm system at the Fisher Richardson House. One bid was received from Metropolitan Corp. at a price of $3900. * MOTION: That Fire Chi.ef's information be given to Town Mgr. and request Town Manager to award the bid. Willi /Dunn VOTED: 5 -0. Selectman Wills noted that the practice to award bids should be done by the Town Manager. Selectman McNair noted that there was a vote of a previous board to award all of the bids. Selectman Wills noted that the Town Manager should keep the board informed on bids and doesn't see any problem with him executing the bids. Correspondence From Planning Director to J.T. Cronin re: design & repair of bridges. To Leon Lombardi & David Locke re: public works economic development grant. Suggested Town Manager call them on support of this. It was suggested they get together with various boards on supporting of issues before letters are written. From Downtown Advisory Committee re: requesting SRPEDD to help Planning Director with grant. From Whitman & Howard re: leak detection program grant. They suggested not applying for grant and town manager feels they should apply even if it is not awarded to the Town. * MOTION: To have Paul Folkman apply for leak detection grant. Parsons /Wills VOTED: 4 -0. From Library Trustees re: draft employment contract. Requesting Town Counsel's approval. See Town Counsel on it. From Dept. of Revenue re: quarterly report from Treasurer late. Another letter attached requesting additional time on it. From Commission Against Discrimination re: questionnaire to be filled out by Town Manager. From Town of Medfield re: police salary survey. From Town Counsel re: use of town manager's vehicle. From Francis Brown re: leaving area for Cape Cod. MMA Newsletter re: pending legislation. CDM reimbursement to be signed. BOARD OF SELECTMEN MINUTES OF MEETING December 15, 1982 Page 6 From Peter Saunders re: certification of tax rate, opinion on computer system and utilities paid in other communities. Warrants * #36 - $2,226,311.35 town & school expenses, approved. Wills /Parsons VOTED: 4 -0 Levine abstained. It was noted that the warrant should read two million, two hundred thousand, instead of two thousand. * #37 - $999.99 revenue sharing, approved. Wills /McNair VOTED: 5 -0. * Minutes of December 8, 1982 Approved, with one correction on page 3, word vote should be changed to motion. McNair /Dunn VOTED: 5 -0. Town Manager's Report Acting Town Manager noted that there will be two negotiations on January 10, 1983 for labor contracts. DPW at 10 A.M. and Electric Light at 1 P.M. Board has been invited and they will be kept up to date in executive sessions. Unions have asked that all sessions be executive and they would like a list of persons authorized to come into the roon. All five members should be included on it. Last week Board voted on bulldozer repairs and bids will be opened next Tuesday. Regarding the light department manager, one of the two finalists has withdrawn his application. New Board members will have to write signatures for Town Clerk, also they have to sign bonds on Friday. It was noted that they should try to work within the applications received for light department manager. Should establish a salary, probably from high $30's to low $40's. It was asked about selling excess power. Town Manager will look into cost of a consultant for this and check with Chodat Ruback & Assoc. Town Manager will also call Mr. Hurrie on withdrawal of application. Tax bills will not be out until the first week of January. They are taking payments on them. Ms. Cutillo also had two transfer requests. $309.00 for police and fire examinations. * MOTION: To approve transfer request for $309.00 for police & fire examinations. McNair /Parsons VOTED: 5 -0. * Transfer request for municipal building expenses, $1,387.50. Approved. Parsons /McNair VOTED: 5 -0. Board Reports Selectman McNair noted that there are many v, for appointments next week. Will have to be legal advertisement has to go in the paper. in effect until that date. MOTION: To hold appointments of boards 12, 1983 and make extension up Wills /McNair VOTED: 5 -0. icancies on boards & committees put on Jaduary 12, 1983 as Extensions of terms will be and committees on January until that time. BOARD OF SELECTMEN ( MINUTES OF MEETING December 15, 1982 Page 7 Selectman Levine would like a workshop on light director's position. There are three applications they did not interview. * MOTION: That agenda on December 22 include hearing and electric department workshop for review of applications. Wills /Parsons VOTED: 4 -1 Dunn opposed. Selectman Levine noted that they should establish ground rules for meetings. New members should tour facilities, i.e., wells, wastewater treatment plant, etc. and should try not to take Town Manager's time right now. Board mem- bers extended their thanks to Joan Cutillo for her efforts. Selectman Parsons had a question on town manager entering into contracts, re: town manager's authority to enter into contracts as outlined in the Charter. * MOTION: To allow Town Manager to enter into contracts after appropriate bids and that he keep Board informed of what he is doing. Parsons /Dunn VOTED: 4 -0 Wills abstained. Selectman Wills feels authority is already there in the Charter. Would like copy of personnel policy for three new members. Selectman Dunn had a question on the status of DPW Director. Town Manager noted that he will stay with the one position of DPW Director /Town Engineer. * There being no further business, meeting was adjourned at 11:36 P.M. McNair /Wills VOTED: 5 -0. l