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HomeMy WebLinkAboutBOS MINUTES 6-15-1983r� BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 PRESENT: Chairman Dunn, Selectmen Wills, D'Onofrio, McNair; Town Manager Maurer. Selectman Levine arrived at 7:40 P.M. The meeting was called to order at 7:31 P.M. 1. Minutes of June 8, 1983 Selectman D'Onofrio noted that he had suggested changes to be made in the Executive Session minutes; also, additions and changes in the minutes of the regular meeting dealing with the renewal of the Town Manager's contract. There was general agreement among the Board members that the minutes should be edited and drafted for considera- tion at the next meeting. NO VOTE WAS TAKEN. * 2. Warrant #74 - $5,493,740.27, approved. Federal Revenue Sharing Municipal Electric Enterprises Water Enterprises Capital Improvement Projects Special Revenue Account General Fund VOTED: 4 -0, Levine absont. 3. License Applications Hold for hearing scheduled for 8:00 P.M. 4. Correspondence McNair /D'Onofrio $ 7,645.66 538,006.21 409,550.02 413,481.00 812.35 4,124,275.03 A. Letter from the Airport Commission regarding loam from the site of proposed T- Hangars to be used by the Recreation Department. MOTION: To waive the building permit fee contingent upon the Town of Mansfield actually receiving the loam. Wills /no second. AMENDED To waive building permit fee with the understanding that MOTION: the Recreation Department will receive the loam, and that if they do not, the fee will be reimposed. Levine /Wills * VOTED 5 -0. Selectman D'Qnofrio questioned whether the Dept. of Public Works had agreed to all of the stipulations in the Airport Commission's letter; this will be checked with DPWDirector later in the meeting. B. Letter in regard to electric consumers refund from Margo Jellinek to DPU. To be held for next Light Commissioners meeting. C. Letter from the Office of Communities and Development regarding Small Cities Grant. BOARD OF SELECTMEN MINUTES OF THE MEETING ( JUNE 15, 1983 Page 2 D. Letter from Town Counsel regarding a volunteer on a Town commission whose child applied for a job with Town before commissioner was appointed. E. Letter from Town Counsel to Town Manager regarding lease of the Spaulding School. F. Letter from Town Counsel to Town Manager clarifying Town Charter in regard to the Electric Department's personnel management. G. Notification of Stephen C. Smith's appointment as Executive Director of SRPEDD. H. Police Chife's report on liquor disturbances during the week. I. Police Chief's report on radar violations during the week. J. Invitation from Sweet 'n Crafty opening preview June 21, 1983. 5. Public Hearing - Willowdale Golf Course, Inc. - 8:00 'P.M. The Clerk read the notice of the hearing which appeared in the Mansfield News on June 3, 1983. Atty Bradford Johnson requested that the hearing be postponed to July 6, 1983 because the required notices to abuttors had not been mailed within the legal time limit. The Board agreed and set the postponed hearing date for 7:45 P.M. on July 6, 1983. Hearing was closed at 8:05 P.M. 6. Howard Crossman - Peat Marwick & Mitchell - Audit Report Mr. Crossman reported on the completion of the June 30, 1982 Financial Statements. He noted that the Town's accounting system had been brought into conformance with the Bureau of Aacounts standards since the last audit in 1979. Exceptions to generally accepted accounting practices noted were that the Town has no statement of general fixed assets, and while statutory requirements for pensions for Town employees are followed, retirement benefits are on a pay -as- you -go basis instead of an actuarial basis. These situations are common among municipalities. Otherwise, accounting statements have been prepared in accordance with generally accepted accounting principles, and Mr. Crossman commended the Town Treasurer and Accountant. There was a brief discussion on the historical value of the electric utility plant which is not known indisputably due to the loss of records in the Town Hall fire in 1970. It was not felt that it would be worth the $35- 40,000 which would be required to obtain an indisputable figure on the original cost of equipment. BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 Page 3 7. Work Program Accounting Department, Barbara Ha g Mrs. Hagg outlined the Accountant's responsibilities in maintaining the Town's accounts in accordance with appropriate federal, state and local laws and monitoring spending of public funds; also providing financial reports and the annual audit. She also discussed the new computer system and predicted that it would be of great assistance in the preparation of reports, etc. 8. Work Program -- Recreation Department, Paul Split Mr. Split explained that the department now operates with a permanent part -time shift leader and three part -time support personnel year round, with others on an on -call basis. During the busy summer season, the staff is augmented by seasonal employees and C.E.T.A. workers. Although the recreation program is constantly expanding to meet the Town's requirements for more leisure -time activities, this work force gives the flexibility to schedule, prepare for and cover two or more simultaneous events at different locations. He outlined present plans for the development of the Hutchason property (construction of a new football field, parking lot, etc.) which will be done in cooperation with the Department of Public Works. 9. Inncorp - Name Change for Liquor License Messrs. Kelley & Lopez from Inncorp requested a further name change in the issuance of the all- alcoholic license for the Quality Inn, in order to conform with the original license. In order to accomplish this the following actions were taken. * MOTION: to reconsider previous action granting the license to the Foxfield Motor Inn. Wills /McNair, VOTED 5 -0. * MOTION: to change the name on the license from Foxfield Motor Inn to Inncorp Development Corp., dba Quality Inn of Mansfield, J. Axelrod, Manager. Wills /McNair, VOTED 5 -0. BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 Page 4 10. Town Manager's Contract Selectman D'Onofrio requested that the negotiating committee explain any changes that had been made in the contract. In response, Chairman Dunn pointed out that the negotiations had taken into account the fact that the Town Manager had received no salary increase in the previous fiscal year. Also, the inclusion of the reference to Chapter 41 Section 108N of the Mass. General Laws was made at the Town Manager's request to insure that the contract could not be negated by failure of Town Meeting to appropriate his salary account. An endeavor had been made to tie the contract to the Town Charter in regard to termination for cause and definitions of "cause" were eliminated. The salary increase was negotiated to 5% with a salary of $34,828 effective July 1, 1983 and additional adjustments of $1,500 per year beginning 7/1/84 and 7/1/85. There is also provision for merit increases after 7/1/84. The provision for allowing 10 hours per week outside work was eliminated. Attendance at I.C.M.A. annual conference is limited to a location within the contin- ental United States. Four weeks vacation time was granted. Aug. 18, 1983 was set for agreement on the evaluation process, which should be consistent for the Town Manager, Accountant and Electric Department Manager. A. MOTION: To approve contract as written. Wills /Levine Selectman D'Onofrio wanted the opportunity to study the contract more thoroughly. Selectmen McNair and D'Onofrio inquired if the contract had been reviewed by Town Counsel. B. MOTION: To refer the proposed employment contract for the Town Manager to the Town Counsel for itemized comparative analysis of changes in the contract to be returned in written form to each member of the Board on or before July 6th, and identify any proposed changes. D'Onofrio/ McNair NOT VOTED 3 -2. Selectman Wills was confident that there are no legal problems, as it is in the same form as the Manager's contract and the Electric Manager's contract. He amended his motion as follows: C. AMENDED To approve contract subject to review of Town Counsel. MOTION: Wills /Levine. Further discussion revealed that there would not be a full board present between the current meeting and the time the present contract ends. Several attempts to move the question were defeated. Selectman D'Onofrio reiterated his request that the Board require an opinion in writing from Town Counsel. This was defeated on a poll of the Board. At this point the Town Manager suggested that a vote could be taken on the contract provisions by section, or the contract could be approved with instructions to the Chairman not to endorse it until an opinion was obtained from Town Counsel that the contract was in legal form. MOTION: To approve employment contract for the Town Manager subject to the review of Town Counsel and approval of the negotiating committee, also to include that the contract read 1122nd day of June." Dunn /Wills. M M BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 Page 5 E. AMEND- To approve contract tonight subject to legal clearance by MENT: Town Counsel to be reported to the Board on June 22nd. Wills /Levine VOTED 3 -2. F. MAIN MOTION: VOTED 3 -2. 11. Town Manager's Business A. DPW Director J. Zeneski met with the Board relative to a coming meeting with the Foxboro Sewer Committee. The State is pressuring Foxboro for a preliminary agreement with Mansfield before the State will give them funding for a tie -in of their system. Mr. Zeneski has prepared a number of Entry Cost Options for Norton and Foxboro, and recommends Option A which would lease a portion of plant capacity to have it available to them unless we need it. As expansion is required, we have the right to buy back capacity. MOTION: That the negotiating team develop an option which represents a concensus of the Board. Wills /D'Qnofrio VOTED: 5 -0. B. Street acceptances for approval. MOTION: To approve order of acceptance for Heather Lane. Wills /McNair VOTED 5 -0. MOTION: To approve order of acceptance for Plantingfield Road. Wills /McNair VOTED 5 -Q: C. Transfer Requests #37 Patriotic Holidays #38 Inspection Dept. #39 Conservation Commission #40 Town Hall Expense #41 Town Counsel Expense Acct. #4100 $ 307.71 #3803 154.08 Fees 110.00 #3024 1,191.93 #3012 7,872.00 MOTION: To approve Transfer Requests #37 thru #41. Levine /Wills VOTED 5 -0. 12. Selectmen's Business A. Filling of Police and Fire vacancies. MOTION: That the Board of Selectmen in accordance. with Article 3 of the Town Charter adopt the following policy as its guidelines on public safety department heads. "It is the policy of the Board of Selectmen that in the event a vacancy should exist or occur in either the office of Fire Chief or Chief of Police that the town of Mansfield be assured of attracting to such positions the most qualified and eligible candidates possible to fill such important offices. "To assure that this is possible the Selectmen direct the Town Manager to notify appropriate Civil Service officials, BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 Page '6 and all potential candidates who have passed the appropriate examination for any such existing position, that the salary for that position is negotiable." D'Onofrio /McNair AMEND- To replace the word "direct" in the first line of the MENT: third paragraph with the word "recommend." Wills /Levine Selectman D'Onofrio recommended against this amendment so that the policy that the Board adopts isthe policy that is followed. He feels that it is the prerogative of the Board to decide range of salary. Following further discussion a motion to move the question was voted 4 -1 with Selectman D'Onofrio opposed. A further motion that the salary guidelines be set as reasonably as possible did not receive a second. Selectman Wills believes guidelines are already in place and adequate. MOTION: To raise upper limit to $35,000. D'Onofrio /McNair * NOT VOTED 2 -2 Dunn and Wills'opposed; Levine abstained. Selectman D'Onofrio stated that he is confident that the Town Manager will get the best man he can, and this is the sole motivation for his motion. Selectman Wills feels that raising the budget figure for this position would "skew" other salaries. After further discussion the original motion * (see page 5) with the first Amendment (page 6) was VOTED 4 -1, Wills opposed. B. Cable TV Access Corp. Selectman Levine noted that the Cable Advisory Board had not been formally dissolved prior to appointing the members of the Access Corporation; also that terms of office had not been set. MOTION: To dissolve CATV Advisory Committee and send letters of * appreciation to members. Levine /Wills VOTED 5 -0. MOTION: To set staggered terms for Cable Access Board members appointed June 8 (longest term to earliest letter in * alphabet. Levine /Wills VOTED 5 -0. * C. MOTION MOTION 13. ADJOURNMENT: * MOTION To turn on light in Village Estates at entrance to the curve on Surrey Drive. Levine /McNair VOTED 5 -0. To return all lights in Town to minimum standards. Wills - no second. To adjourn at 12:12 A.M. Wills /D'Onofrio. VOTED 5 -0. BOARD OF SELECTMEN MINUTES OF THE MEETING JUNE 15, 1983 Page 7 Minutes approved: Date slgned�