1994-03-24 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session March 24, 1994 The Executive Session convened at 10:29 p.m. Present were chair- man George Hines, Vice Chairman Bill Burditt, Secretary Sally Hoyt, Selectmen Dan Ensminger and Camille Anthony, Town Manager Peter Hechenbleikner. On motion by Ensminger seconded by Hoyt the Board voted to ap- prove the minutes of March 8, 1994, by a vote of 4-0-1 with An- thony abstaining. The Town Manager reviewed a number of issues. The first one was whether or not to appeal, the Fennelly arbitration on the narrow issue of whether or not the arbitrator exceeded his authority in ordering Fennelly back to call work after a one-year suspension. Sally Hoyt did not participate in the discussion, because she is related by marriage to Carl Fennelly. The Town Manager indicated that he felt the appeal is necessary in order to uphold the in- tegrity of the Town's personnel and disciplinary system. On mo- tion by Anthony seconded by Burditt the Board voted to authorize the appeal which is expected to cost approximately $1,500, by a vote of 4-0-1 with Hoyt abstaining. The Town Manager indicated that the Police Superior Officers are ready to sign their contract, and a copy of the contract will be in the packet for their meeting on the 5th. The. Town Manager reviewed the Police Officers contract. Two issues remain: 1) they want an addition of $175 in longevity instead of the $150; 2) they want to leave in the minimal man- ning clause. The Town Manager argued strongly against leaving in the minimal manning clause. The consensus of the Board was to stay with the $150 offer in the longevity for FY95 only and to stand firm on the issue of removing the minimum manning clause. The Town Manager reported that Rogan had filed suit against the -Conservation Commission for allowing more discharge of water onto his property as part of the Joshua Eaton school project. The Town was in court on March 22 and was successful in not having an injunction issued against our construction. . Additionally, Rogan withdrew his appeal to DEP of the Conservation Commissions deci- sion. Therefore there is no impediment with going ahead with this project. Conservation Commission Chairman James Biller was very helpful in this project. The zoning case with Higgot was finally decided, and the Town lost. The loss was on what Town Counsel describes as a bungled case by our Inspections Division. He does not recommend appeal- ing it. The Board of Appeals may have some other thoughts since they have not had a chance to review the issue yet. The question was raised as to whether or not there would be dis- ciplinary action against the Building Inspector for his handling of the case. The Town Manager indicated that that was likely and that there were other concerns about political activity and com- petence.