Present: Selectmen Grimes, Casey, O’Donnell, Ward, Chairman Angley, Town Administrator LaFond and A.T.A. Bouchard.
Chair Angley read the announcements of committee vacancies as well as the upcoming community forum on the cranberry industry.
Ride for Athena:
Motion by Casey, second by Grimes to approve this 2nd annual charitable event. Vote unanimous.
61A Request – Weston Realty Trust “B”:
Motion by Ward, second by Grimes to decline the option on property at 33 Main Street, recorded with Plymouth County Registry of Deeds in Book 17970, Page 143. Vote unanimous.
Appointment of Election Officers:
Motion by Grimes to approve slate as presented by the Town Clerk on attached list, second O’Donnell. Vote unanimous.
Fire/Police Station Building Committee:
Motion by Grimes, second by O’Donnell to appoint Robert Woolson and Tim Stephenson to the Fire/Police Station Building Committee. Angley stated that the committee met this week and recommended both for appointments. Vote unanimous.
One Day Special License:
Motion by Ward, second by Grimes to grant One Day Special License to Bartending Service of N.E. for the Decas Clambake at the Sportsmen’s Club on September 14th. Vote 4-0-1 (O’Donnell abstained)
Minutes of August 10 and August 14, 2007:
Motion by Grimes, second by Ward. Vote unanimous. Ward asked if letter was sent to Verizon regarding cable licensing. LaFond responded that they were invited to the “table” several months ago as an alternative to Comcast. Verizon has contracted with approximately 53 municipalities across the state.
Police Union Contract Update:
Attorney Dave Jenkins, K & P, gave an update on the Police Union Contract negotiations that started on March 22, 2005. There were ethical issues due to the fact that the union’s attorney was formerly with K & P and had negotiated a previous contract on behalf of the Town. May 19, 2005 was the first bargaining session. The union presented 36 proposals that Jenkins stated were unusual when there is a “mature” relationship between the Town and the union. He has been doing negotiating since l975 and has never seen 36 proposals, one being a mounted unit as well as K-9 unit. Some other of the 36 proposals are as follows:
· Double the EMT stipend, night differentials and longevity
· Officers birthdays and Christmas Eve as holidays
· Rules and Regulations of the Department be made part of the collective bargaining process. Jenkins stated that no Police Department in the State has the R & R as part of their collective bargaining agreement.
At this point Grimes expressed concerns that are we going to also hear from the union. His understanding that Executive Session items cannot be discussed. Jenkins stated if the Board wanted to open this up to the other side it is their decision since this is a public meeting. O’Donnell spoke up that he thought this was just a chronicle of events not details. Ward asked him if he should be discussing matter. O’Donnell stated he is not taking a vote, just making a point. Ward expressed his concerns that union might not be prepared at this time to rebut. We should stay with basic chronology and not get involved with details. He does not want them to be at a disadvantage.
Jenkins stated that he experienced difficulty in communicating with the union’s lawyer. He sent letters on the following dates: June 6, 2005, June 27, 2005 and August 1, 2005. In the August 1, 2005 the Town made a suggestion that we bring in an outside mediator from JLMC to assist. Normally this is requested by the union. The Executive Board Bargaining membership was asked to let us know in a couple of days of August 1st if they would accept. After not hearing from the union Jenkins sent letters on the following dates: September 7, 16, 29; October 5, 12, 17, 19, 20, 25; and November 4th. He brought with him the October 19th letter that was sent certified mail. There was a meeting set for October 27, 2005, 6 PM at Town Hall. At 6:45 PM the union
changed its mind and did not want to negotiate with the Town directly and preferred the JLMC to mediate. On November 2, 2005 prepared presentation for JLMC for the union including the envelope and postage and asked union to sign and mail it. Several months went by and the Town did not hear from the union. A meeting was scheduled for February 14, 2006 at Town Hall. The Town’s Bargaining Committee showed up along with members of the union. The union counsel did not show up. When contacted he stated he was in Worcester and the union cancelled the meeting. The Town filed with JLMC on February 17, 2006 and met in mediation on: 2-24-06; 3-20-06; 5-31-06 and 7-19-06. On 7-19-06 the mediator ordered the union to provide the Town with a proposal by 8-26-06. It was not received by the Town by that date and the mediator cancelled the mediation session scheduled for 9-6-06 due to no proposal. Union submitted proposal on
9-26-06 and the mediator was not able to come until 1-10-07 and the final session on 2-14-07 after which the mediator told us that we should go to JLMC up in Boston. On 3-8-07 the union and the Town met in Boston ready to negotiate. At that point the Chairman of the JLMC had concerns with respect to the union choice of attorneys due to the fact that he worked full time for the state and had previously worked for K&P. He instructed their attorney to get a ruling from the ethics commission and permission from the state agency for which he was employed in regards to representing the union. Jenkins spent several weeks e-mailing the union and mediator on the following dates: 3-26-07; 4-27-07; 4-30-07; 4-11-07; 5-18-07; 5-31-07 6-1-07 6-5-07; 6-8-07 7-2-07 and 7-5-07. He sent copies of these to the Town Administrator and the Police Chief. There were five e-mails and reminders by telephone and he has not heard from union or their counsel at
this point and trying to deal as best as we can. In August we appeared a second time at the JLMC in Boston and the union had secured new counsel. There is another scheduled hearing on September 10, 2007. Angley asked if there were any comments.
Marc Duphily, union bargaining member, would like the union to be able to make their presentation, along with their attorney to present the union’s side. Jenkins stated he has exchanged e-mails with their new attorney and he is much more communicative, and he is delighted to meet at any time, with or without JLMC over the next two weeks. Duphily stated he is aware of the e-mails and will get in touch with him this evening. LaFond stated after seeing the various e-mails that communication has been the problem, and would like to expedite the negotiations so we can move forward to a conclusion and get funding. The Town is ready to do that.
LaFond stated he would like to be able to report to the Board in Executive Session in one or two weeks that we have or are close to having a contract.
Grimes mentioned he was an alternate on the negotiating committee for the Town and is offering his services. LaFond stated he did not recall that.
Resident Paul Johnson asked Jenkins to give an update on the BATG matter. Jenkins stated that he was not dealing with that situation.
Jack Franey asked if Kopelman and Paige would give the Town their best estimate on what we could expect for legal bills this fiscal year based on the cases presently being handled by the firm. He raised the possibility of hiring one attorney to be town counsel. Angley stated that Jenkins is not prepared for this type of question. Casey stated that there is no way to plan for lawsuits and cannot predict what is going to happen in the future. Ward he has concerns with hiring one attorney for Town Counsel , as there is such a variety of issues we run into. The Town needs a law firm that has attorneys that specialize in different types of law.
Citizen’s Participation:
Resident Paul Johnson asked about the Casino Ballot Question. LaFond stated that Town Counsel advised that non-binding questions are prohibited by state law from appearing at special elections. Johnson asked for and received a copy of the e-mail advisory. Bouchard also printed off a copy the law pertaining to this issue.
Selectmen Notes:
Casey and Grimes had nothing
Ward stated he would like to have the recommendations from the Earth Removal By-Law Committee shortly for review.
O’Donnell gave an update on the regional Casino Task Force and stated it was a very productive meeting. The issues were given to the Governor before his working vacation. Additional issues such as light pollution and airport traffic also were introduced.
Grimes asked what is going to happen with the $100,000 legal bills from FY07. LaFond stated that he spoke with Scott McCaig and he stated that it would have to be placed before a special town meeting. A STM will need to be held within 90 days after all parties come to a contract agreement on the Police Union and he hopes to address both issues at this time.
Town Administrator Notes:
LaFond stated that McCaig and he also discussed the budget process for FY09. LaFond stated that he planned on getting a revenue estimate out in September so that discussions with key players, i.e. School Committee, Fincom, and Board of Selectmen could occur in the fall.
Motion by Casey, second by Ward to adjourn at 8:20 PM. Vote unanimous.
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