SELECTMEN’S MINUTES

SEPTEMBER 16, 2002

 

Chairman Perkins called the meeting to order at 7:05 PM.

Selectman Rogers, Selectman Wiksten, Selectwoman Brunelle, and Selectman Eayrs were present.

 

SELECTMEN’S MINUTES

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Minutes of September 9, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Earth Removal Permit – O’Connor – (off) Rocky Meadow Street

Chairman Perkins read the following: "A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, September 16, 2002, at 7:05 PM, for the purpose of discussing an application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Daniel O’Connor, for an Earth Removal Permit for property located off Rocky Meadow Street, Middleborough, MA, Assessors Map 045 Lot 675. The reason for this request is for construction and expansion of an existing agricultural activity (cranberry cultivation) and Tailwater Recovery/Reservoir. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Glenn Amaral, G.A.F. Engineering, Inc., was present to represent the applicant. He returned the green cards.

Mr. Amaral presented a revised plan to the Board. He said that changes had been made at the request of the ConCom. The revision removed a stump pile, and eliminated some wetlands flags to the northwest.

Mr. Amaral described the location of the property as being easterly of Rocky Meadow Street, south of Plymouth Street, and west of Wall Street. The property was previously permitted under "Edgewood Trust" and a Certificate of Completion was issued.

The project encompasses about eight (8) acres, of which 6.4 acres will be for the pond. The proposal is to excavate into the ground water table as an additional water source.

Mr. Amaral said presently there is a reservoir which is an old swamp, and water is withdrawn from Savery’s Pond. The project will reduce the amount of water taken.

Mr. Amaral said the project will take 3 – 4 years, and about 152,000 cubic yards of material will be removed.

The project is 25’ feet from property lines and any bordering vegetative wetlands. They have filed with the ConCom, and expect an Order of Conditions this Thursday.

Selectman Rogers asked if the existing tree line will remain. Mr. Amaral said it would. No work is being completed within the 300’ wide electrical easement.

Selectman Rogers asked for a project plan to be submitted. This would include information on how the project will be developed. He also said that this was a good project, noting that adding onto the water system makes sense. He asked if there would be any dewatering done on the property, as this may effect area wells.

Mr. Amaral said the closest resident is in the far southwest corner. He said that dewatering can be an issued if you try to draw down too much at one time. This project will remove some to areas within the site itself, not putting all of it into Savery’s Pond or the adjacent reservoir. Mr. Amaral doesn’t believe there would be any effect on the neighbors. He said he did not want to see this area dewatered, but handled with drag lines or removing smaller areas to work in that area.

Selectman Wiksten asked if a contractor had been selected for the project. Mr. Amaral said he was not sure, but noted that Mr. Johnson, of Carver, was going to do some work. He is one of the better contractors for bogs.

Selectman Wiksten said he would like to see the project done in phases, with a plan.

Mr. Healey asked what the proposed travel route is. Mr. Amaral said that the material will be processed or go to other acreage that Mr. O’Connor owns in Town. The route will be the same as the previous one, out to the intersection of Plymouth and Wall Street, turn onto Plymouth Street to Rte. 44. Mr. Healey clarified that the route would be Plymouth Street to Rte. 58 in Carver.

Discussion ensued on hauling the material to other bogs. Mr. Amaral suggested this could be addressed in the Order of Conditions. He suggested that advance notice could be given to the Town Manager.

Selectman Wiksten asked about the buffer with residents. Mr. Amaral said the project is a minimum of 400’ from the nearest residents.

Mr. Healey asked if the excavation would be to the property line, or the existing condition. Mr. Amaral said the existing contours would remain. Mr. Healey noted that there will be no activity from the dike road to the property line. Mr. Amaral agreed.

Charlie Gilmore, Sharon Road, asked what the hours of operation would be and expressed concern for the water taking in the area, and how it would effect neighbor’s wells.

Chairman Perkins noted that the hours are addressed within the Order of Conditions. Mr. Amaral said water is not being drawn, but recaptured and passed back into the dike.

Another abutter asked for clarification with the travel route. She asked if trucks would be going down Tispaquin Street. Mr. Amaral said they would not.

Hearing no further comments, Chairman Perkins closed the hearing.

Selectman Wiksten asked the applicant to provide Phases, noting that it would be easier for the Board’s Agent to monitor the project. Mr. Healey suggested this be present for inclusion in the Order of Conditions.

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To approve the application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of Daniel O’Connor, for an Earth Removal Permit for property located off Rocky Meadow Street, Middleborough, MA, Assessors Map 045 Lot 675, for construction and expansion of an existing agricultural activity (cranberry cultivation) and Tailwater Recovery/Reservoir, as described on the Plan entitled, "Plan to Accompany Notice of Intent", drawn by G.A.F. Engineering, Inc., dated September 16, 2002. It was further moved that approval is given subject to the successful approval of the Order of Conditions.

Unanimous Vote.

The Board will set the Order of Conditions on October 7th.

Public Hearing – Discussion of Warrant Articles for Special Town Meeting (9/23/02)

The Board read and reviewed each article.

Article 1

This article is to supplement departmental budgets. Lisa Clough, Vice-Chairman of the Finance Committee, told the Board that figures will be finalized on Wednesday night. They will be meeting with the Park Department and IT Department.

The largest amounts are for Police & Fire overtime, and money for the Library to get certified.

Jane Lopes asked if there would be a supplement to maintain the Memorial Junior High School.

Mr. Healey said he is recommending a supplement of $20,000. Discussion ensued on who would be responsible for the maintenance.

The condition of the building was also discussed.

Mr. Healey will get something in writing from the School Department before Monday’s Town Meeting.

Roger Brunelle suggested to ask what is being done with the rental fees for the gymnasium, and whether or not that is being applied towards the maintenance of the building.

The Board will also request a supplement of $20,000 to pay for legal fees in conjunction with the Rocky Gutter appeal case.

Article 2

This article is for unpaid bills.

Discussion ensued on the Park Department’s $16,000 unpaid bill for the Middleborough Gas & Electric Department. Selectwoman Brunelle asked if the money had been budgeted, and why has it gone unpaid. If money was budgeted, what was it used for. She felt the Park Department was being disingenuous. If they weren’t, she apologized for her comments. She said she would like to see an explanation.

Article 3

This article is to allow money to be transferred from the Stabilization Fund. This article will probably be tabled.

Mr. Healey noted that the latest figures show the Town to be $363,819.73 "in the good". This is a result of local receipts, returns from Departments, and the sale of Town-owned property.

It was noted that there is no article to put money into the Stabilization Fund.

Article 4

This article is to request a transfer of money from Free Cash and Overlay Reserve for the purpose of fixing the tax rate for FY 03.

Article 5

This article is to transfer money from the income from the sales of gas & electricity.

Article 6

This is a housekeeping article to establish a revolving fund for the Fire Department.

Article 7

This article would establish an Agricultural Commission. Discussion ensued on the wording "The Commission will consist of seven members who may or may not be Town residents", and whether or not members from other communities should be limited.

Selectwoman Brunelle said it would be up to Town Meeting, and the Steering Committee would make the motion based on the discussion on Town Meeting floor. The motion will have to identify the number of residents or non-residents.

Article 8

This article is to purchase seven (7) cruisers. The Finance Committee has recommended three (3). Chairman Perkins read a letter that was sent to the Board by Chief Russell.

Chief Russell explained that the agreement with the Capital Planning Committee was to replace cruisers at 125,000 miles. All seven of the cruisers are well over this. Chief Russell also noted that the force has increased by eight (8) officers, and only one additional cruiser has been added.

Chief Russell also noted that the $100,000 request for overtime money is still $20,581.00 less than the FY 02 expenditures.

Selectwoman Brunelle asked Ms. Clough if the Finance Committee would revisit this on Wednesday. A copy of Chief Russell’s letter will be forwarded to the FinCom.

Selectman Rogers noted that the request is in line with the Capital Planning Committee, and he supports the article.

Chairman Perkins also noted that last Spring the Chief had been asked to hold off from replacing cruisers.

Fire Chief Silva told the Board that his request for $50,000 in overtime is $36,000 under the FY 02 budget. He said he will amend this line item on Town Meeting floor, as the FinCom has approved $45,000.

Upon motion by Selectwoman Brunelle and seconded by Selectman Rogers, the Board

VOTED: To support the Police Chief’s requests.

Unanimous Vote.

Chairman Perkins told Chief Silva to get documentation to the FinCom for their Wednesday night meeting. Chief Silva said he had explained the situation to the FinCom, and their decision was already made.

Article 9

This article is to purchase a school bus with wheelchair capability.

Selectman Rogers suggested money remaining from other Capital Projects be used for this purchase. There is currently $73,000 remaining.

Discussion ensued on whether or not the remaining money could be used for other purchases.

Mr. Healey will check with Sandy Bernier.

Article 10

This article is for improvements to schools. The request is to borrow $1,448,225, with an understanding that 64.26 – 68% will be reimbursed by the State.

Article 11

This article is to allow the sale of Town-owned property on Wareham Street.

Mr. Healey explained that the property had previously been listed as "unknown owner". The abutter did a title search and brought information to the Assessors to prove that it is owned by the Town.

Selectman Wiksten asked if the wording of the Article would allow restrictions to be placed on the use. Mr. Healey will check with Town Counsel.

Article 12

This article would appropriate $10,000,000 for engineering and constructing improvements to the Water System as outlined in a plan entitled, "Improvements to the Town’s Water Distribution and Water Works System Project Plan".

Roger Brunelle asked where the plan is on file at the present time. Chairman Perkins said in the Selectmen and Town Manager’s office.

Article 13

This article is to accept Charmark Circle as a Town way.

Article 14

This article is to accept Plain Street as a Town Way.

Mr. Healey noted that a public hearing had been held on Thursday. There is overwhelming support to lay out and take this street.

Selectwoman Brunelle said the residents’ biggest concern is for safety once the road is finished. There were also concerns about dust and potholes.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To authorize the Town Manager to confer with the Police Chief and Safety Officer, and the DPW Superintendent, regarding safety issues brought up a the Public Hearing for Plain Street.

Unanimous Vote.

 

Articles 15 through 19

These are articles presented by the Charter Committee for changes to the Town Charter.

Selectwoman Brunelle said she attended a public hearing that was held to discuss this. Many comments and concerns were made by departments that are being effected.

Bob Silva, a member of the Charter Committee, noted that things will be change in the motions. Attorney Murray has ruled that the successor Charter Committee has not authority to change what the original Charter Committee proposed.

Selectman Eayrs felt that this was "dangerous ground". He felt that making amendments on the Town Meeting floor would cause much confusion.

Jane Lopes said that no public notice had been given about the Public Hearing, only a posting tow (2) days before.

Chairman Perkins explained that the Charter Committee is requested that Town Meeting either accept or reject the amendments so that the Committee can be dismissed.

Selectwoman Brunelle suggested it would probably be better to vote these articles down and start over.

Chairman Perkins asked that the Charter Committee make the motions on Town Meeting floor.

Article 20

This is a standard article regarding Committees.

Hearing (cont.) – Request for W.R.P.D. Special Permit – R & W Associates – Cushman Street

Chairman Perkins read the following: The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on September 9, 2002 at 7:05 PM, for the purpose of discussing an application filed by Kevin Walker, Outback Engineering, on behalf of R & W Associates, for a Special Permit under the Water Resource Protection District By-law, to allow construction of an outlet swale between two detention basins within 25’ of an isolated wetlands. The property is shown as Assessors Map 080, Lot 2557, zoned General Use, W.R.P.D. "Z3". Anyone wishing to be heard on this matter should appear at the time and place designated." Chairman Perkins explained that the hearing had been continued to this week at the request of the applicant. The hearing was opened.

Kevin Walker, Outback Engineering, was present to represent the applicants. He returned the green cards.

Mr. Walker explained that the applicant is requesting permission to construct an outlet swale between two (2) detention basins within 25’ of an isolated wetland area. The wetland is not a bordering vegetated wetland nor is it considered an isolated land subject to flooding. Under the WRPD bylaw, this construction is allowed by special permit from the Board of Selectmen. The site has received approval from the Zoning Board of Appeals for 24 condominium units and has also received an Order of Conditions from the Conservation Commission for all site work.

Mr. Walker said there will be an access driveway and individual parking areas for each building. Drainage will be handled through an open drainage system, there will be no catch basins.

Mr. Walker said the project sits in three (3) WRPD zones – 2, 3 & 4. He said that the project meets the criteria for a special permit, disturbing less than 15% of the buffer in Zone 2.

Mr. Walker explained that there had been design issues that were addressed with the ZBA. This included providing screening with abutters – a 40’ no cut zone- which allows the trees to stay. Vegetation is required to remain as much as possible as shown on the approved plan.

Mr. Walker summarized by saying that the swale will provide water quality treatment, directing the water to come back to a basin in the Zones 3 and 4 areas. There are drains on each building which will reduce the run off.

Chairman Perkins asked what impact the project has with the Tispaquin and Miller Well fields.

Mr. Walker said the septic system is located in Zone 2. This has been submitted to the Health Officer. The majority of the system is in the Zone 3 area. Runoff is not expected, and it is treated twice before discharging into the Zone 3 area before eventually running to the wetland. Mr. Walker said there should be no impact to the Wells, as all regulations have been exceeded.

Mr. Healey said he had met with the Building Commissioner, Health Officer and Town Planner to discuss this project, and there are serious issues and concerns with the development of this site. He said that every upland has something sitting on it, including the septic system. Also, half of the buildings are within Zone 2. He questioned the possibility of groundwater mounding. He said there are also serious concerns of nitrite floatings and contamination to the wells.

Jeanne Spalding and Ruth Geoffroy were present. Ms. Spalding told the Board that there are issues regarding the 100’ buffer zone within Zone 2. She said there are alternatives, noting that the primary building is not generally classified under Zone 2. She also suggested the roadway work and detention basins should be kept out of the 100’ buffer.

Ms. Geoffrey said that she had served on the Committee which had rewrote the WRPD Bylaw. She noted that there had been a clarification of the buffer zone and Zone 2 at the May 14, 2001 Town Meeting: "WRPD Z2: The area of an aquifer which contributes water to a public well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield with no recharge from precipitation as defined in 310 CMR 22.00. WRPD Z2 is Zone II as defined in 310 CMR 22.00. For the purposes of this By-law, WRPD Z2 also includes Interim Wellhead Protection Areas as defined by 310 CMR 22.00, where a definitive Zone II has not been approved by DEP. Unless otherwise specified by 310 CMR 22.00, an Interim Wellhead Protection Area is defined as a one-half mile radius measured from the well or well field."

Ms. Geoffroy said that building a house in Zone 2 can only encroach a small amount if it is necessary. She noted that everything in this project is within the 100’ buffer zone. She suggested moving the building towards Cushman Street, which would take it out of the 100’ area, and still comply with the GU zoning district. The access driveway could also be moved.

Ms. Spalding noted that the area is predominantly wetlands. There is a small upland area, which is being almost completely constructed to some level. She felt this would cause groundwater mounding, and raise the water table around that area.

Ms. Spalding note there are multiple Wells on the edge. She told the Board that movement should be kept out of Zone 2 because the site is predominantly flowing towards the Wells, part of the building and construction and septic and drainage structures are in that Zone. She also noted that drainage from the roofs was not taken into account with the drainage calculations. She said that nitrate loading has the potential to reach the Well sites.

Ms. Spalding also noted the elevation of the parking lots, which will cause draining over the leaching area.

Ms. Spalding also noted that there is no recreational outside area. She said she was concerned with the amount of construction fitting on the little bit of upland.

Selectwoman Brunelle suggested the applicant should request a continuance to allow him to discuss these issues with the Town Planner and the Health Agent.

Selectman Eayrs said he was deeply disturbed by the project. He said the potential is there to damage the water supply, and would not approve anything that may do so.

Selectman Rogers noted that the application was to construct an outlet swale between two (2) detention basins. He noted that Town Counsel has ruled that the Board cannot approve anything within 25’ of a no-touch zone. Ms. Geoffroy said exceptions can be made for the installation of drainage when there is no feasible alternative.

Selectman Wiksten agreed with Selectman Eayrs. He noted that the Board has previously made applicants move structures, and those projects did not contain entire buildings or parking areas within the zone.

Chairman Perkins noted that the Special Permit Granting Authority can issue a Special Permit if four (4) criteria are met. The SPGA must find that the project:

  1. Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.
  2. Is appropriate to the natural topography, soils and other characteristics of the site to be developed.
  3. Will not, during construction or thereafter, have an adverse environmental impact on the aquifer, recharge areas, water resources of the Town.
  4. Will not adversely affect any existing or potential water supply.

Mr. Walker said he would like to go through the points that Ms. Spalding and Ms. Geoffroy noted. Selectwoman Brunelle said the request would not be approved tonight and suggested the applicant be given the choice to withdraw the application or ask for a continuance.

Ms. Geoffroy noted that Zone 2 was designed for a lot to be less than 15% impervious. This project is well of 25%. She said the intent of the bylaw is not being met.

 

 

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To continue the hearing on the application filed by Kevin Walker, Outback Engineering, on behalf of R & W Associates, for a Special Permit under the Water Resource Protection District By-law, to allow construction of an outlet swale between two detention basins within 25’ of an isolated wetlands on property shown as Assessors Map 080, Lot 2557.

Unanimous Vote.

Chairman Perkins said that he would not set a specific date to continue the hearing, but requested the applicant contact the Selectmen’s Office when he is prepared to come back.

NEW BUSINESS

Request for One Day Liquor License – Nemasket River Productions

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To issue a One Day Liquor License to Nemasket River Productions for an event to be held at the Black & White Theatre, 250 North Main Street, on Saturday, October 26, 2002 from 7:00 PM to Midnight, with services provided by Professional Bartending Service, Inc.

Unanimous Vote.

Request to Approve Signage – Fred Weston Memorial Committee

Chairman Perkins explained the Board has asked Town Counsel for an opinion in reference to allowing hunting under the Will Mr. Weston. Attorney Murray had concluded the hunting may be allowed as a use.

Chairman Perkins read a letter from the Weston Memorial Committee that addressed proposed uses. She told the Board that the Committee remains in disagreement regarding the use of hunting and trapping. For that reason, signage has been submitted for the Board’s approval.

Chairman Perkins noted that the signs do not allow hunting or trapping.

Anita Cole, Chairman of the Weston Memorial Committee, said that there are 3000 acres in the Rocky Gutter Wildland Area for hunting, and the 200 acres of the Weston Memorial Forest should not allow hunting. She said that something is in season 12 months a year.

Chairman Perkins said that hunters have the right to use the property, as it is public property.

Selectman Wiksten suggested a "happy medium". He noted that Town Counsel has said that hunting can be allowed.

Chairman Perkins noted a suggestion made by a resident which would allow the property to be open for two (2) weeks for turkey season, and open mid-October through December for deer hunting.

Selectman Eayrs said that the Weston Committee oversees the affairs of the property, and noted that 5 of 7 of their members do not want hunting allowed on the property.

Selectman Wiksten noted that "No Trespass" signs had been posted on the property, and he had not been aware that it was open to Town residents. He said he has received several calls from hunters asking for consideration.

Selectwoman Brunelle said she was not in favor of changing the use of the property, which has been in place since 1971. She felt there should be more public input if there was to be a change in the use.

Chairman Perkins said he has also received lots of calls on this issue. He said hunters want an opportunity to use the Weston property, and he was in favor of changing the use.

Selectwoman Brunelle also noted that there are 3000 acres that allow hunting, and asked why 200 more were needed.

Selectman Rogers noted that hunting season is 12 weeks out of 52.

Ruth Geoffroy said that, from a land use standpoint, there is merit on both sides. She noted that the Town has aggressively gone after hunting lands within the Town. Only two (2) pieces of Conservation Commission land do not allow hunting: the Morgan property and Pratt Farm.

Upon motion by Selectman Wiksten and seconded by Selectman Rogers, the Board

VOTED: To develop a sign to be posted at the Fred Weston property that will allow hunting for two (2) weeks in late April, early May, for turkey hunting, and mid-October through December for deer hunting. The rest of the year all target practicing, trapping, discharge or possession of any firearm, bow or arrow, trap, or any other device for the taking, killing, or capturing of birds or mammals within the area will be prohibited.

VOTE 3 – 2 (Selectwoman Brunelle and Selectman Eayrs opposed)

OLD BUSINESS

Recommendation of Personnel Board – Non-Union Personnel Wage & Classification Plan

Chairman Perkins read a letter from the Personnel Board that asked for an extension to November 15tth to evaluate all the data and make final recommendations to the Selectmen.

In addition, a letter was read from the Non-Union Adhoc Personnel Plan Study Committee that requested to meet in Executive Session.

Selectwoman Brunelle said that this could not be discussed in Executive Session because the Plan has already been made public.

Selectman Eayrs disagreed, noting that negotiations having to do with salary issues are not appropriate for Open Session.

TOWN MANAGER’S REPORT

The process of advertising and notifying of the vacancy has begun.

SELECTMEN’S BILLS

The Board received a bill from Daley & Witten, LLC in the amount of $1,567.70 in regards to the appeal for the Rocky Gutter 40B project.

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To hold this bill for (2) weeks.

Unanimous Vote.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To pay the bill submitted by SEMASS Partnership, for the month of August 2002, in the amount of $11,718.87.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, for August 2002, in the amount of $4,026.50.

Unanimous Vote.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To pay the bill submitted by Thevenin, O’Grady & Company, in the amount of $6,400.00.

Unanimous Vote.

OTHER

Indirect Cost Analysis

Mr. Healey told the Board that he had met with the School Department to discuss the Indirect Cost Analysis. A letter had been sent by the Superintendent, who agreed with the employee benefits and insurance costs, but disagreed with the administration section of the indirect costs. Mr. Healey said that they "agreed to disagree" for the purpose of this years budget, and to work out the disagreements. The total amount of indirect costs for the School Department is $4,138,985.

Mr. Healey publicly thanked Roger Brunelle for his input and time in creating a vehicle for updating the indirect costs on an annual basis.

The review resulted in the following departments and boards being identified as providing services for the Department’s transactions:

Treasurer/Collector Clerk/Accountant

Water Commissioners Assessors Office

Board of Selectmen Information Technologies Department

Town Manager Town Hall

Fire Department Administration/Audit/Fringe Benefits

Police Department

The recommendation is that the Town assess the Water, Waste Water, School and Gas & Electric Departments for incurred indirect costs based on operational requirements for fiscal year 2003. (Note, these indirect charges do include Pension, Insurance, Health and debt cost, which are charged at billed cost) and that the indirect cost for fiscal year 2003 be set at:

Water $ 837,620.00

Waste Water $ 403.670.00

School $4,138,985.00

Gas & Electric $1,389,378.00

Mr. Brunelle was present. He said that this is a comprehensive report which includes all costs. It shows the actual offset of all the costs. He said the report had not been properly updated since 1994.

Selectman Rogers suggested that "Waste Water Commissioners" should also be listed as a separate Commission from the Water Commissioners. Selectman Rogers said the law allows for Water Commissioners, but not Waste Water Commissioners. Selectman Rogers said they should be considered separate for the purpose of this report. Mr. Healey said those considerations will be made.

 

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To assess the Indirect Costs as recommended.

Unanimous Vote.

CORRESPONDENCE

 

Motion was made by Selectman Eayrs to enter into Executive Session for the purpose of Negotiations, not to return to Open Session. There was no second to the motion.

Selectwoman Brunelle and Selectman Wiksten did not partake in this discussion.

Marjorie Judd, Ted Eayrs, Ruth Geoffroy, Jeanne Spalding and Barbara Erickson were present.

Selectman Eayrs said that the Non-Union is the group to negotiate with. He noted that they had developed a grid system, and the Personnel Board had been asked to review it. The Session would be about negotiating a Contract with the Non-Union people, of which the grid system is a part. Trade-offs would be discussed, and he did not feel this should be part of Open Session.

Chairman Perkins said he did not disagree.

Chairman Perkins explained that the Personnel Board wants two (2) months to review the Plan. He suggested a motion to allow Chairman Perkins to talk to the Personnel Board.

Selectman Eayrs said that the motion made last week was to give the Personnel Board one (1) week to review and make comments. The charge is not to rewrite, rework or rethink it. Selectman Eayrs said he has reviewed the document several times and finds it to be complete. He does have some concerns.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To ask that the Personnel Board review the Non-Union Personnel Wage & Classification Plan and to forward it to the Board of Selectmen in two (2) weeks. (September 30th). Further, the Board asked that comments and recommendations be submitted, but the Plan not be re-negotiated.

Unanimous Vote.

Jeanne Spalding told the Board that the Committee had worked hard within the time frame. They were told, under no circumstances, would an extension be given after September 15th. The Committee had kept an open agenda, and had sent out memos and invitations requesting input from the Board of Selectmen and the Personnel Board. She said that a couple meeting dates had been set aside for evenings to meet with the Personnel Board. They cancelled without notice.

Ms. Spalding also said that the integrity of the Plan is being questioned. She said it was not a document that was made up. It took professional work that was done to complete this, including using the MMA study that the Town had paid an appreciable amount of money for.

Ms. Spalding said the Personnel Board had not believed the Plan could be completed, and had acted very demeaning towards the Committee. She said the Committee had not anticipated going back before them, and being told "they are nothing, and don’t have to negotiate with them".

Chairman Perkins suggested the Board authorize him to call Steve Callahan, Chairman of the Personnel Board to see if this can be resolved.

Ms. Geoffroy said the two (2) weeks would put the deadline past the upcoming Town Meeting. She also noted that both the Non-Union and the Personnel Board were asked to meet the deadline. She also said that the Personnel Board had not supplied the Non-Union with what their issues are with the Plan.

Chairman Perkins said that, although we’re not 100% there, the Plan is a good document. He commended the Non-Union Committee for their work. He said that the Personnel Board is appointed, and he would not apologize for them, although he is disappointed as to how is has worked. He said he understood the Non-Union’s frustration, noting that he had wanted to get this ready for next Monday’s meeting.

Chairman Perkins said there will be another Special Town meeting held this Winter, for a number of different reasons. Even if Town Meeting occurs slightly after the January 1st implementation date, whatever is agreed to will be retroactive to that date.

Selectman Eayrs noted that the January 1st implementation stands steadfast. He said the date should have been July 1, 2002, noting that putting it off is part of the negotiations. He said there are minor issues to be negotiated, and those should be done starting now in Executive Session.

Selectman Rogers said the document is right in line with what is needed, and he supports it.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To direct the Chairman to contact Steve Callahan.

Unanimous Vote.

Selectman Eayrs said the final point of information is how the talks will continue. He asked that they be done in Executive Session. Chairman Perkins said he would call Town Counsel to see about discussing this in Executive Session.

It was the Board’s consensus to continue the talks in Executive Session.

 

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To adjourn at 10:28 PM.

Unanimous Vote.

 

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN