Ge In Board of Selectmen January 17, 2006 Page 13 of 21 EXECUTIVE SESSION Associate Town Counsel George Driscoll appeared before the Board requesting the following Settlement Authorization for the case Sharton v. Town of Brookii On February 2, 2002, aa ‘was operating her Toyota Echo north on the VFW Parkway in the passing lane, At a break in the median, the car in front of suddenly stopped to make a left turn. struck from behind by a police cruiser operated by Lt, Burke. transported to the hospital by ambulance. She was treated for Sa a Within weeks she developed and W: ‘transported to tie hospital by ambulance, Radio logic studies revealed Since then she has had has been constant. She has been She is currently taking treated with On December 19, 2005, an orthopedic surgeon hired by the Town examined nd reviewed her medical records. Dr. Lemke confirmed that BED. She also opined that| has§ a Dr, Lemke noted some symptoms but opined that vill have some LY | in medical bills. She claims (IRS from February 13 to May 18, 2002. (QS was absent from her job as a receptionist from February 4"'- February 6th and from February 13 - March 1 Attorney Driscoll would like to settle the case for $38,500. ‘On motion, it was, VOTED: To present the settlement at $38,500, with no PIP. Selectman Sher abstained. The Board voted to reconvene in Public Session.uP In Board of Selectmen January 31, 2006 Page 8 of 24 EXECUTIVE SESSION On October 21, 2003, ES + + ‘traveling ina police cruiser on Route 9 when the cruiser was struck from behind by another car. Following the accident, . According to medical reports Since the accident, experienced she was diagnosed as suffering from She has never returned to work on a full time basis. Ultimately, J. The Chief Of Police has moved to involuntarily retire Officer Dupre. The Retirement Board has approved the Town’s application for an accidental disability retirement. Itis expected that (retirement will be effective in February. Under G.L. c. 41, s. 100, the Town has paid approximately $15, 311.19 in medical bills incurred by QE Under G.L, c. 41 s. L11F, the Town has paid a in wages through the end of 2005. It is anticipated that the Town will pay an additional $3,424.59 in wages togigQB through her projected retirement date of February 16, 2006, The total lien is $79, 904.00 brought a negligence claim against the driver of the car that . Hanover Insurance has communicated a settlement offer t JAttorney. Hanover Insurance has offered to settle the case for the amount ‘of the policy, $250,000. The Town is entitled to recover the payments that it has made under G.L. c. 41, ss. 100 & 111F. less a proportional share of the attorney's fees. After deducting the proportional amount of attorney's fees, the total lien is $53,216.00, ‘Town Counsel recommends that the Board authorize settlement of the lien in an amount SG wi! receive approximately $50,000.00 per year, with no taxes under her accidental disability retirement. The question came up on whether to reduce the settlement amount in order to provide {EEE with additional compensation. hairman Allen stated that or for that matter, any type of gainful employment and being only maybe there can be some accommodation between her attorneysvp In Board of Selectmen Jamuary 31, 2006 Page 9 of 24 recommendation and Town Counsel’s recommendation, to reduce the settlement amount, Selectman Daly stated that with ‘he Town will pay (i) retirement for many years. She stated that she is uncomfortable with setting a precedent without settling on what the Town is entitled to, Selectman Daly would like to hold this item and research some data on past settlements. Selectman Sher inquired as tol uality of life, if she would be able to obtain employment, and what are her functioning levels. He wondered if by lowering the settlement amount, she may be able to put a down payment on a house or something useful to improve her quality of life, Chief O*Leary replied thai Selectman Hoy replied that he does not see that amount making a huge difference in the quality of life, and would think that the Town would benefit from their due settlement, Selectman Daly would like to see why this case should be treated differently than other cases, and recommends this item be put on hold. ‘The Board asked the Chief and Town Counsel to look at similar cases and report back at next week’s Board of Selectmen’s meeting.In Board of Selectman February 7, 2006 Page 4 of 28 EXECUTIVE SESSION On October 21, 2003, Ee traveling on a police eruiser on Route 9 when the cruiser was struck trom Behind by another car. Following the accident, | According tom Since the accident, hhas experienced She was diagnosed as suffering fro She has never returned to work on a full time basis. Ultimately, neurologist determined that she has persistent deficits and is unable to work full- time or perform the essential functions of her position as a police officer. The Chief of Police has moved to involuntarily retire Officer Dupre. The Retirement Board has approved the Town’s application for an accidental disability retirement. It is expected that(jgjretirement will be effective the February. Under G.L. ¢. 41, s. 100, the Town has paid approximately $15, 311.19 in medical bills incurred by. Under G.L. c. 41 s, 111F, the Town has paid SERIES. 16522 in wages through the end of 2005, It is anticipated that the Town will pay an additional $3424.59 in wages {NM through her projected retirement date of February 16, 2006. The total lien is $79, 904.00 (EEG) ought a negligence claim against the driver of the car that struck her. Hanover has communicated a settlement offer to attorney. Hanover has offered to settle the case for the amount of the policy, $250,000, The Town is entitled to recover the payments that it has made under G.L. c. 41, ss. 100 & 111F,, less a proportional share of the attorney’s fees, After deducting the proportional amount of attorney’s fees, the total lien is $53,216.00, of the lien in ‘Town Counsel recommends that the Board authorize sett an amount’ ‘The Board wanted to hear about past settlement cases where the Town did not recover the full extent of the lien, In the referenced cases, there where liability issues, and limited policy and/or assets. In one case it was a mediated settlement, the lien was being disputed because the officer in involved was driving on the opposite side of the road, There was a risk in going forward because of the liability potential. In one motor vehicle accident case, involved was a 17 year old driver with no assets, and a policy limit of $20,000.00, the Town received the bulk after attorney fees,gh In Board of Selectman February 7, 2006 Page 5 of 28 EXECUTIVE SESSION (CONT'D) WEEE will receive $50,000 per year tax free, and with a life expectancy of 40 years, the pay out from the Town would approximately 2 million dollars. The ‘Town would also provide any accident related medical expenses incurred bygggaay Selectman Daly stated that the settlement amount is in addition to the retirement amount. Selectman Merrill stated that he has not heard any recommendation from the Chief and Town Counsel to lower the entitlement, so he would not be interested in a settlement less the recommendation from Town Counsel. On a motion it was, VOTED: 3-2 that the Board authorizes settlement in the amount of not less than $50,000.00. Selectman Hoy Aye Selectman Sher No Selectman Merrill Aye Selectman Daly Aye Chairman Allen No On motion, it was unanimously, VOTED: To adjourn from Executive Session.ie In Board of Selectmen February 14, 2006 Page 4 of 32, EXECUTIVE SESSION ‘Town Counsel Jennifer Dopazo stated to the Board that back in 1997 the Town hired contractor J. Marchese & Sons, Inc. The scope of the work included, improvement to sidewalks, pedestrian amenities, landscaping, and street lighting. This project was funded through Brookline Engineering in the amount of $379,863.50. Over the course of the project, the Town received 24 recorded claims for damage or personal injury as a result of the street work. Town Counsel then calculated the Town's reasonable risk of liability, which amounted to $14,896.39. ‘This amount was then deducted from the contractual payments due the Contractor for work completed, pending settlement of those (24) then outstanding claims. Town Counsel and Brookline Engineering have completed an internal review of the status of those (24) claims and an associated audit of payment records. According to Town files, a total of $2,217.40 was paid by the Town of Brookline to settle (4) claims against the Town as a result of work on the Harvard Street Improvements project, while remaining claims were either denied, successfully defended by Town Counsel, or for which the statute of limitations has since run out. Brookline Engineering and Town Counsel have reached a negotiated settlement with J. Marchese & Sons, the Contractor, by which both parties agree to the following conditions: 1) Brookline will release deducted monies, related to claims against the Town, to Contractor as tabulated below: Amount deducted by Brookline for “risk of liability” $14,896.39 Less Amount paid by Brookline to settle Harvard Street claims (82,217.40) Net amount due Contractor from Town of Brookline $12,678.99 2) J. Marchese & Sons, Inc. will provide the Town of Brookline with a signed and notarized release, The settlement sum is to be drawn from the qualifying accounts as follows: Special Acct. No. SWOT (Sidewalk Funds) $10,059.75 Acct. No, 4998WS03 6110026 (Street/Sidewalk Rehabilitaion) $ 2,619.24 On motion, it was unanimously, VOTED: To authorize Town Counsel to settle the above claim, for $12,678.99,ie In Board of Selectmen April 4, 2006 Page 15 of 35 EXECUTIVE SESSION. Town Counsel Jennifer Dopazo stated to the Board that she would like authorization to enter into mediation in respect to St. Adian’s litigation. Ms. Dopazo stated that 75 plaintiffs have brought suit against the Town and the Developer in regards to this project. She is simply asking permission to enter into mediation. Any settlement proposal would have to come back to Board of Selectmen, the Housing Advisory Board, and possibly the Zoning Board, ‘Ms. Dopazo stated that the mediation has been requested by the plaintiff. She feels that to attempt to mediate as requested by the plaintiff is a good idea, and that this matter needs to be resolved. Whether it can or not is another question. Chairman Allen stated that he has no problems with mediation, but he is only in favor if the underlying case continues to move forward. He hopes that this is not a stall tactic, Everything has been delayed for three months. ‘Ms, Dopazo stated that she will continue to reach an end point with their attorney. They will hope to work together on whatever strategy they come up with. Chairman Allen stated that mediation means paying more money. He expressed concerns with construction costs increasing from a year and a half ago. Selectman Daly expressed concerns of the risk that the developer gets out of the project and a new developer comes in and the Town loses everything previously negotiated. ‘The Board hopes that there will be some sort of parameters set within the mediation. Selectman Sher asked if everything will start where it was left off. ‘Ms, Dopazo replied yes. She also stated that mediation, if approved, would begin this month. On motion, it was, VOTED: 3-0-1 Selectman Daly abstained. To authorize Town Counsel to enter into mediation in regards to St. Adian’s.we In Board of Selectmen May 9, 2006 Page 23 of 32 EXECUTIVE SESSION Associate Town Counsel George Driscoll presented the Board with the following memorandum, He is requesting that the Board authorize settlement in a worker’s compensation claim. a has been employed as 2 laborer by the Department of Public Works since 1994. On February 9, - EET | ~ prying open a trailer hitch. He has been out of work since that time and has been receiving| An (i showed that (EEG had work-related| Hee was initially treated with Dut showed no symptomatic improvement. In December of After conducting an IME in 2005, the Town’s designated physician found that EE him from returning to his job as a laborer. The “Town's physician Gia ind that MERI vas capable of performing light, sedentary work that did not involve repetitive stooping, twisting, bending or turning or lifting over twenty-five pounds. The Town’s vocational expert conducted a transitional skills analysis and labor market survey that identified a limited range of relatively low- paying jobs that [JEG could perform within his i ancl with his known skills, On the ground that! had some earning capacity, the Town has moved to modify’ workers’ compensation benefits, The Town's modification claim Is pending. In the meantime, applied for and received an accidental disability retirement, Although! receives a pension, the Town is still obligated to continue paying workers’ compersation wage benefits as an offset to his retirement benefits. ‘The Town’s remaining exposure on {AEE claim is approximately $20,000 in Section 34 benefits (temporary total incapacity) and an additional $79,000 in Section 35 beneiits (partial incapacity) for a total of $109,000 in wage liability exclusive of the possibility of a claim for permanent and total incapacity which seems unlikely at this time. Even if the Department of Industrial Accidents modifies benefits to partial incapacity benefits, itis likely that the Town’s exposure will be no less. that $79,000. I have negotiated a settlement ‘igure of $55,000 that will redeem the Town’s liability to pay wage benefits (INEM. Tt is my opinion thet thi good settlement for the Town. 'le In Board of Selectmen May 9, 2006 Page 24 of 32 EXECUTIVE SESSION On motion, it was unanimously, VOTED; To allow Associate Town Counsel George Driscoll to settle the above claim in the amount of $55,000, to be funded from the liability fund. In an unrelated issue, the Board asked Attorney Driscoll his opinion on the upcoming Transportation Board’s appeal. Attomey Driscoll stated that after researching the matter, it is his opinion ‘that the Board has no jurisdiction in this matter.In Board of Selectmen June 13, 2006 Page 4 of 18 EXECUTIVE SESSION Town Counsel Jennifer Dopazo stated to the Board that she has prepared ground lease and service agreements for implementation of a Distributed Antenna System in South Brookline, She recommended that the Board execute the necessary documents, She stated that there are two Federal cases pending related to the proposal to put up a “flag pole” at the shops at Putterham, The proposals made by Verizon and Omni Point (T-Mobile) have been denied by the Zoning Board of Appeals. Both companies took separate appeals to the Federal Court. ‘T-Mobile is pushing forward with their case against the Town due to the fact that they have been denied sites in the Town in the past. This case is moving quickly, and Associate Town Counsel Joslin Murphy is the Counsel on the case. Ms. Murphy updated the Board on the case. T-Mobile has made several requests to install facilities in the Town to close a fairly substantial coverage gap in South Brookline. In 1999, an REP was issued to install a tower on Town property. ‘After Omni Point negotiated to install a cell tower at the Municipal Service Center, no award was made because Town Meeting rejected the proposal. ‘The REP was withdrawn, After that Omni Point filed an application to install one of two “flag poles towers” at Putterham shops. The Town also rejected a proposal to have a tower leased at the Walnut Hills Cemetery. Their complaints are that the ZBA decisions are not based on substantial evidence, and that the Town has prohibited them from providing coverage in South Brookline, The fact that Clearlinx is not in place at the moment means there is, nothing for a carrier to go up on; therefore, there are no alternatives for them to provide their service. Associate Town Counsel Joslin Murphy is concerned that the wireless companies are colluding with one another within their information network to not sign on with Clearlinx, resulting in no carriers, which may result in Clearlinx not putting up the DAS putting the Town back at square one. The Board supported Associate Town Counsel in its defense that the Town has continually worked to reach its goal in providing its residents with the best possible cellular service, and has worked within its zoning by-laws and Town ‘Meeting votes. The Town has taken critical steps toward finding the right solution for South Brookline. It has taken a long time but it has been a well thought out and well planned procedure involving the public, and the Town has come to a possible solution.Ver In Board of Selectmen June 27, 2006 Page 4 of 16 EXECUTIVE SESSION ‘Town Counsel Jennifer Dopazo updated the Board on the litigation filed in connection with the St. Adian’s project. The case has been in litigation since September 2005. Abutter Susan Feinstein along with 74 other residents of the Town. filed suit against the Town as well as the Zoning Board of Appeals challenging the ZBA’s determination that some of the design changes proposed were insubstantial under the 40B regulations, and also raised constitutional challenges to the funding for the project. Ms. Dopazo stated that the Town tried formal mediation, which was not successful at first, but has since made headway. She advised that Board that the parties drafted an agreement which stated that the Town is under no obligation to commit any additional funding to this project. She believes that the developer will come back to the Town seeking additional funding, and that the Housing Board will deem it appropriate to release additional funding for this project to go forward, but the Settlement Agreement does not require that the Town provide additional funding. Ms. Dopazo stated that she has addressed some issues and concerns of the neighbors with the Developer including parking availability, a more definite statement that each unit will have parking, that the rear church will have a privacy screen, that the rear dormer be smaller, and lighting issues. She feels the Developer has taken steps to address these concerns. ‘Ms. Dopazo also advised that the plaintiffs would like the 5" floor to come off of building D. The Developer has stated that if that was to be done, they would lose 7 market rate units, which obviously would cut into their profit, and to do that they would need to seek additional funding. She noted that the Town’s position is that the original design has been approved and has gone through numerous design meetings and reviews, the Town should not fund removing an entire floor at this point. However, the Developer may obtain funding from a State, Federal or private source. The Developer is obligated to seek outside funding to adjust the design and to put it, out fo bid for what is called the fifth floor of the revised plan. In addition the Town has $62SK which the developer is looking for to take the next step in this project. ‘The Town can not release any of this because the ten taxpayer suit is pending, Until the suit is dismissed nothing can be released. ‘Ms. Dopazo stated that when this agreement is signed, there will be a stipulation of dismissal, so the Town can release funds, and POUA can get a contractor on board and continue the process. The Developer will be seeking additional money anywhere from $1 to $2 million dollars depending on how muchIn Board of Selectmen Tune 27, 2006 Page 5 of 16 this litigation and delay has cost the project. POUA will come to the Town seeking some additional money to go forward. ‘There is also a provision requiring the plaintiffs to provide a letter in support of additional funding so the project can proceed. If the developer gets outside funding to remove the fifth floor the Fienstiens will pay $50,000 to cover the architects cost to design the removal of the 5" floor, If the Developer does not get the funding to remove the 5" floor and take off 7 market rate units, POUA will pay the Fiensteins $50,000 to cover the design cost to remove the 5 floor, which will come out of the developer profits. ‘The Board discussed the settlement agreement and how this case has added to the cost of the project. They discussed that this has been a 2 year process, and that the Town has to move forward with this, They expressed the fact that this has potentially hurt the Town in the fact that any 40B developers may be reluctant to do business with the Town, If the developers sell the property and a new developer ‘comes in, the Town may recover their money, but a lot of neighborhood concerns and benefits may not be addressed, which the Board would like to avoid. Selectman DeWitt inquired about the affordability of the units. ‘The Board went over the unit price structure and budget as provided by Housing Planner Fran Price. ‘Town Counsel will be meeting with the Zoning Board with this upilate. ‘Town Counsel will continue to work out some of the issues and return to the Board for a vote.In Board of Selectmen June 27, 2006 Page 6 of 16 EXECUTIVE SESSION Assistant Town Counsel George Driscoll stated to the Board that a suit was filed against the Town over the contract for the closure and reuse of the Landfill. ‘The low bidder ETL Corporation, came in at around $6.7 million, The second lowest bid was Roach & Sons at about $64,000 higher. In bid item #2 ETL came in much lower than the consultants estimate. ETL bid $4,000 and the consultants whose estimate came in at $500,000, has admitted that there was a mistake in their numbers. The overall difference between the two bids was still $64,000. In the end the Town decided to go with ETL. Roach & Sons moved for a preliminary junction. Roach feels that the bid was extremely low and should have been rejected. ETL has done over 75 land closures and Counsel is not sure if Roach has done any. Associate Town Counsel George Driscoll feels that the Town has made the right decision, The bid has not been approved as yet. Associate Town Counsel will keep the Board updated on the court's decision. Chairman Allen left the meetingIn Board of Selectmen July 18, 2006 Page 18 of 32 EXECUTIVE SESSIO. Town Counsel Jennifer Dopazo requested a $35,000 increase in Settlement Authorization for Castagna Construction Corporation v. Brookline. ‘This case has gone through mediation and came to an agreement on the price. This amount is within the original project budget. On motion, it was unanimously, VOTED: To authorize an increase in Town Counsel’s settlement from $200,000 to $235,000, in connection with Castagna Construction v, Brookline. Any deficiency coming out of the Town Counsel settlement account. On motion, it was unanimously, VOTED: To resume in Open Session.In Board of Selectmen August 15, 2006 Page 20 of 35 apsfi Lo . EXECUTIVE SESSION 2 sl Release. —Litiged Tay pending, 4 9 Town Counsel Jennifer Dopazo provided the Board with documentation outlining the proposed settlement agreement of: ‘Susan Godfried Feinstein, et.al v. Zoning Board of Appeals for the Town of Brookline, et. AL (Norfolk Superior Court C.A. No. 05-1532) ‘The agreements include the following summaries: Parking: No more than one parking space in the Project may be conveyed with any market-rate unit that is a one bedroom. No more than two parking spaces in the project may be conveyed with any market-rate unit in the Project having more than ‘one bedroom. No parking space in the project may be conveyed to a person not owning or leasing a unit in the project, Rear Church Balcony: There will be an opaque “Privacy Wall” on the west side dormer of Unit 6, Lighting: Added and maintenance of lighting.In Board of Selectmen August 15, 2006 Page 21 of 35 Town Funding: The Project will be financed in part by the Commonwealth of Massachusetts and Low Income Housing Tax Credit program, and in part by the Town of Brookline. Approvals by ZBA: POUA notifies the ZBA of POUA’s desire to make changes. Construction: The Planning Defendants will contain and abate any or all materials on the Site that contain asbestos, and/or lead paint. Plan Changes: The Planning Office Defendants agree that in constructing the Project, any change to the exterior of Building A that increases the size of, or adds, windows, doors, balconies, porches and skylights not contemplated in this Agreement shall require approval of the Town’s Design Advisory Group. 5" Floor: There is a request to revise 7 units on the 5" floor of Building D. The developer is required to seek outside funding to remove 7 moderate units at 80% to buildings B and C. If the Developer were to get the funding, they would move the units and lose 7 market rate units. If they are unable to get the funding, the Developer would pay the Feinstein’s $50,000 to cover some of the legal expenses. Hf able to get the funding and move the 7 units, then the Feinstein’s would pay the developer $50,000 for part of their legal fees. There is no commitment from the ‘Town to provide additional funding. ‘The Town would be required to advance $625,000 of previously committed Housing Trust Funds. The vote would be contingent on the settlement being approved by all parties. On motion, it was unanimously, VOTED: To reconvene in public session.In Board of Selectmen j ‘November 21, 2006 Page 10 of 13 EXECUTIVE SESSION Associate Town Council George Driscoll and the Board discussed recent communications between the Town and the MBTA pertaining to advertising at T stops. Attorney Driscoll gaye a brief history of jurisdiction, property rights, and advertising regulations that have come up between the Town and the MBTA. The Board discussed what rights and actions the Town may take in order to limit the kinds of advertising that may be displayed at the shelters. ‘The Board agreed that Attorney Driscoll should continue his conversations with the T, and pursue the interest of the Town. On motion, it was unanimously, ‘VOTED: To reconvene in Open Session after the diner break at 8:00 p.m.In Board of Selectmen Vp December 19, 2006 Page 12 of 19 EXECUTIVE SESSION Collective Bargaining Human Resource Director Sandra DeBow updated the Board on collective bargaining negotiations with the Town’s unions. ‘The Board expressed concerns over potential health insurance rate increases, and overall impact on the budget. igation Associate Town Counsel George Driscoll updated the Board on a letter he addressed to the MBTA on their Shelter Advertising Program on Beacon Street. A discussion ensued on what kind of response could be anticipated. Attorney Driscoll also updated the Board on a couple of pending litigation ‘eases. On motion, it was unanimously, 5-0 VOTED: To reconvene in open session.In Board of Selectmen January 30, 2007 Page 15 of 17 EXECUTIVE SESSION Also present Chief O"Leary Associate Town Counsel George Driscoll discussed litigation strategy with respect to the matter of Beacon Beverage, Inc. d/b/a Mall Discount Liquors. Attorney Driscoll stated that Beacon Beverage had already filed its appeal with the ABCC and that Beacon Beverage had informed him through counsel that it intends to go to Superior Court to get an injunction that would allow it to stay open while its appeal is pending. In terms of an injunction, Attorney Driscoll stated that Beacon Beverage had a strong equitable argument that its owners would be financially ruined and unable to sell its business without a stay of the revocation. More importantly, its statutory right of appeal would be rendered meaningless if the business failed prior to an adjudication of its appeal. Mr. Driscoll states that such a result is disfavored by the courts. Mr. Driscoll believes that a court would most likely issue an injunction, and if it did, Beacon Beverage would be able to reopen. In terms of the ABCC appeal, Mr. Driscoll stated his opinion that there was a fair chance that the ABCC would recommend a lighter sanction such as a long-term suspension. Mr. Driscoll states that, in the case of a license revocation, a modification by the ABCC would mean that the Town would have to re-issue the license and, if it refused, the ABCC could issue a license. Mr. Driscoll discussed a proposed settlement agreement that would, among other things, assure the Board that the business would remain closed for at least 30 days and allow time for a transfer to a responsible owner. The agreement also assures that Beacon Beverage will surrender its license by June 22" no matter what. ‘Without this agreement, Beacon Beverage stands a good chance of reopening with an injunction and, if their appeal is successful, the Board would be subject to an ABCC decision that would allow Beacon Beverage to stay open. ‘The Board expressed the importance of keeping this business from operating. ‘The consensus was to avoid taking a position that opened up the possibility that this, business would remain open and that the terms of the settlement agreement offer the best approach to ensuring that Beacon Beverage closes. On motion it was unanimously, VOTED: To reconvene in Open Session.ye In Board of Selectmen Jamuary 16, 2007 Page 11 of 20 EXECUTIVE SESSION Litigation Associate Town Counsel George Driscoll briefed the Board on pending tigation on Rosenthal and Rastan vs, Town of Brookline. He presented his case and discussed the possible. ‘There was no vote on this item. Pear ee) Personne Records pee neil oe SS EEE sie {on TDJ pe In Board of Selectmen Jamuary 23, 2007 Page 14 of 16 EXECUTIVE SESSION Associate Town Counsel George Driscoll updated the Board on current litigation in the case of Rosenthal and Rasten vs. Town of Brookline Attorney Driscoll told the Board where this case stands as of today. The Board discussed different potential outcomes of the case and avenues to pursue. ‘There was no vote on this case. On motion, it was unanimously, VOTED: To reconvene in Open Session. Chairman Allen lefi the meeting.Jp In Board of Selectmen February 6, 2007 Page 6 of 13 Associate Town Counsel George Driscoll updated the Board on Rosenthal and Rastan vs. Town of Brookline. He stated that the Board had previously asked that he reduce the asking settlement substantially which he has done. He asked the Board permission to settle this case for $8,000. On motion, it was unanimously, VOTED: To authorize Associate Town Counsel to settle the case of Rosenthal and Rastan vs. Town of Brookline for no more than $8,000, Collective Bargaining Director of Human Resources Sandra DeBow updated the Board on current contract negotiations with the unions. On motion, it was unanimously, VOTED: To authorize the Town Administrator to sign the Ground Rules ‘Agreement between the Town of Brookline and the Unions and Retirees comprising a Public Employee Committee. On motion, it was unanimously, VOTED: 5-0 To reconvene on open session,In Board of Selectmen February 27, 2007 Page 16 of 24 EXECUTIVE SESSION Town Counsel Jennifer Dopazo requested authorization to settle the following cases. Rosenthal, et. al. v. Gillis, et.al ‘On motion, it was unanimously, VOTED: To authorize that this settlement by paid by transferring $8,000 from the Reserve Fund to Town Counsel’s Claims and Settlement Account, McDaniel v. Town of Brookline A police cruiser rear ended a vehicle that was stopped at a red light, On motion, it was unanimously, VOTED: To authorize Town Counsel to settle this case in the amount up to $7,500 to be paid with monies from the Reserve Fund. ‘Town of Brookline ys. New England Baptist Hospital ‘The Town filed a compliant against New England Baptist Hospital alleging that it was negligent in conducting the breath and alcohol testing of a former DPW employee. On motion, it was unanimously, VOTED: To authorize Town Counsel to settle the Town’s claim against EBH for not less than $30,000. On motion, it was unanimously, VOTED: 4-0 To reconvene in Open Session.Py In Board of Selectmen March 13, 2007 Page 13 of 19 EXECUTIVE SESSION Director of Human Resources Sandra DeBow, and Benefits Coordinator Kathy McGinnis updated the Board on recent discussions with BCBS on prescription coverage, negotiations with union officials on health care benefits and flexible spending plans. A discussion ensued about the different tiers that may be available for prescription drugs, as well as changes in Medicare Part D coverage for retirees. On motion, it was unanimously, 4-0 ‘Selectman Merrill absent VOTED: To authorize Director of Human Resources Sandra DeBow to continue negotiations with the Unions. VOTED: To reconvene in Open SessionIn Board of Selectmen April 10, 2007 Page 4 of 22 COLLECTIVE BARGAIING Human Resource Director Sandra DeBow, and Benefits Coordinator Kathy McGinnis appeared to discuss strategy relative to collective bargaining, Human Resource Director Sandra DeBow presented the Board with results from the latest meeting with the Unions on health benefits. ‘The Board discussed the results and considered other options that may be available for bargaining. ‘The Board requested that another update on negotiations be presented in the near future.In Board of Selectmen April 17, 2007 Page 4 of 26 COLLECTIVE BARGAINING ‘Human Resource Director Sandra DeBow appeared with Legal Counsel Liz Valerio, and HRH consultants Alan Breitman and Tom Porell, to discuss strategy relative to collective bargaining ‘The Board discussed the last meeting with the Unions on the group health plan, The meeting had not gone well, and many issues were left not discussed. There has not been an agreement to date, and the Board encouraged that another meeting take place to try to reach an agreement. ‘The Board discussed the issues that are staying at a stand still, and what alternatives there may be to move forward with a new health care plan. On motion, it was unanimously, VOTED: To extend the coalition bargaining to allow for one more meeting ‘between the Town and the Unions. The extension will go to April 30, 2007.In Board of Selectmen May 15, 2007 Page 19 of 33 EXECUTIVE SESSIO! Attorney Liz Valerio, Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis, Commissioner DeMaio, and Highway Director Lester Gerry were present. Ms. Valerio and Ms. DeBow outlined the pros and cons of going into coalition bargaining negotiations with all the unions. A discussion on negotiations with the Unions on health care benefits ensued. There was no vote taken, the Board expressed their desire to move this along and come to an agreement in the very near future. Selectman Allen left the meeting, On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen May 22, 2007 Page 4 of 23 EXECUTIVE SESSION LEGAL SETTLEMENT Associate Town Counsel George Driscoll appeared to discuss strategy Attorney Driscoll outlined the case of Hicks vs. Town of Brookline. On motion, it was unanimously, VOTED: To authorize Attorney Driscoll to settle the case for an amount up to $150,000. Attorney Driscoll presented the Board with an agreement with Food Center Liquors, stemming from the hearing last week. On motion, it was, VOTED: 4-0-1 Selectman Allen abstained — to reconvene in Public SessionIn Board of Selectmen May 22, 2007 Page 8 of 23 EXECUTIVE SESSION COLLECTIVE BARGAINING Director of Human Resources Sandra DeBow, and Benefits Coordinator Kathy McGinnis appeared to update the Board on Collective Bargaining negotiations, ‘Ms. DeBow went over the most recent discussions in collective bargaining. She outlined the latest proposal for the Board and answered their questions. On motion, it was, VOTED: 4-0-1 Selectman Daly abstained, To endorse the plan design of the health plan as presented by Ms. DeBow. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen May 29, 2007 Page 6 of 10 EXECUTIVE SESSION COLLECTIVE BARGAINING Director of Human Resources Sandra DeBow appeared to update the Board on Collective Bargaining negotiations. The tentative agreement with the Brookline Public Employee Coalition was discussed along with the potential savings resulting from this agreement. VOTED: to go out of Executive Session Roll Call Vote: Voting in the Affirmative: 5 Voting in the Negative: 0 POLICE PAID DETAILS Director of Human Resources Sandra DeBow outlined the proposal that would increase the paid detail rate by three dollars (bringing the patrol officer rate to $40). This rate increase would be contingent upon the implementation of group health plan design changes agreed to with the Public Employee Committee (PEC). Selectman DeWitt asked John Canney how he felt about coalition bargaining. He replied that he looks forward to it, but is apprehensive like everyone else is, VOTED: to approve an increase in the police paid detail rate by three dollars for all current rates upon ratification of a coalition bargaining agreement signed by the Town and PEC. If the three dollar increase is implemented, then effective December 31, 2008, or upon ratification of a successor agreement to the current labor contract, whichever occurs sooner, the detail rates shall be increased by an additional two dollars over the then prevailing rates.In Board of Selectmen June 26, 2007 Page 16 of 28 EXECUTIVE SESSION Director of Human Resources Sandra DeBow and Benefits Coordinator Kathy McGinnis updated the Board on recent Union negotiations. On motion, it was unanimously, 5-0 VOTED: To approve the memo of agreement with the Brookline Public Employee Committee. MEMORANDUM OF AGREEMENT WHEREAS, the Town of Brookline is a public employer, hereafter referred to as “the Town,” providing health coverage benefits to employees, retirees and dependents, and WHEREAS, the Town provides group health insurance to eligible employees through a single carrier, Blue Cross/Blue Shield, and WHEREAS, the Town pays 75% of the premium cost for such plans and each participating employee pays 25%, and WHEREAS, the Town provides at no cost to employees a premium-only Cafeteria Plan under the provisions of Section 125 of the Internal Revenue Code so that employees may pay their share of group health and life insurance premiums on a pre-tax basis, and WHEREAS, the Town provides medical and dependent care flexible spending, accounts with monthly charges for those accounts paid by the participating employees, WHEREAS, the Brookline Public Employee Committee hereafter referred to as “the PEC,” is the authorized exclusive bargaining representative for the coalition of public employee bargaining units and retirees, all of whom are signatories to this document, WHEREAS, the Town and the PEC, hereafter referred to as “the parties,” have concluded negotiations on health and dental insurance benefits, and, WHEREAS, the parties agree that the collective bargaining agreements in effect for said bargaining units shall continue in full force and effect, except as expressly modified by this Memorandum of Agreement,In Board of Selectmen June 26, 2007 Page 17 of 28 ‘NOW, THEREFORE, the parties agree that, upon acceptance of M.G.L. c. 32B, § 19, hereafter referred to as “Section 19,” by the Town's Board of Selectmen and an agreement between the Town and the PEC to approve this Agreement pursuant \o Section 19, the parties hereto have entered into this Agreement and said collective bargaining, agreements and the terms and conditions of employment shall be modified as follows 1. Approval by the Town: Upon ratification this Agreement, the Board of Selectmen shall adopt the provisions of Section 19 and this Agreement ‘Once Section 19 and this Agreement are approved by the Board of Selectmen and the PEC, any further agreements and negotiations between the parties concerning the subject of health and dental insurance coverage shall be ‘governed by the provisions of Section 19, and the Town shall thereafter deal with the PEC 2, Revocation of Section 19, This Section 19 Agreement may only be revoked in accordance with Section 19, Ifthe Town and the PEC revoke Section 19, the health and dental insurance benefits agreed to as part of this Agreement, or any health coverage benefits agreed to in subsequent agreement between the parties, shall remain at the status quo as of the date of the revocation of Section 19, unless otherwise negotiated by the parties. However, upon revocation, the bargaining obligations of the Town, including the School Committee, and each bargaining unit shall revert back to bargaining obligations that existed between the Town and the individual bargaining units as of the date of execution of this Agreement, including but not limited to any ‘waiver of the right to bargain over health and dental insurance and any re- opener language, unless otherwise negotiated by the parties. 3 Composition of and Approval by the PEC. In accordance with Section 19, each collective bargaining unit in the Town or the Brookline Public Schools shall designate a representative to the PEC which shall also include a retiree representative, who shall be a designee of the Retired State, County and Municipal Employees Association ‘The PEC shall vote on all matters in accordance with Section 19. 4, Dispute Resolution. Any dispute arising over the interpretation or application of this Agreement may be submitted to binding arbitration under the labor arbitration provisions of the American Arbitration Association upon request of the PEC or the Town, Any request for arbitration must be approved by 70% of votes cast by the representatives of the PEC. 5. Maintenance of Eligibility and Certain Benefits. This Agreement shall be binding on ail active and retired subscribers for whom health and dentaley” In Board of Selectmen June 26, 2007 Page 18 of 28 6. 10, insurance coverage is being purchased and shall supersede any conflicting provisions of ell collective bargaining agreements or Town policies and is not subject to supersedence in any statutory impasse proceedings pursuant to Chapter 150E of the General Laws. Rules for participation in or eligibility for an existing benefit plan shall, for all active subscribers, retirees, and eligible dependents, remain as in place on the date of execution of this Agreement, Plan Design and Appendix “A”. Unless otherwise provided for in this ‘Agreement, Appendix “A” represents the plan design changes agreed to by the parties and Appendix “A” is hereby incorporated into this Agreement, Binding Effect. This Agreement will be effective upon ratification of its terms by representative of the employee groups who are signatories hereto, upon the execution of the Agreement by the legally required percentage of unions and upon acceptance by the Town of Brookline’s Board of Selectmen, Tn the absence of a successor agreement this Agreement shall remain in effect subject to the provisions of Section 19. Signatories. The signatories are authorized to bind their principals On motion, it was unanimously, VOTED: To reconvene in open session.pay In Board of Selectmen August 7, 2007 Page 4 of 14 EXECUTIVE SESSION Special Labor Counsel Liz Valerio, Human Resource Director Sandra DeBow and Commissioner To DeMaio were also present. Attorney Valerio updated the Board on current conversations with the ASEME union. Commissioner DeMaio presented the different scenarios for the Board and the results from them should certain contracts takes place. There was no vote. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen December 18, 2007 Page 4 of 15 LEGAL SETTLEMENT ‘Town Counsel Jennifer Dopazo and Human Resources Director Sandra DeBow will appeared to request authorization to settle legal claims. ‘Town Counsel Jennifer Dopazo outlined a claim filed by David G. Roach & Sons, Inc. The claim is in respect to the contract for off-site waste relocation and site improvements at the landfill. The Department of Public Works met with the contractor to attempt to resolve these disputes but was unable to reach an agreement, Roache & Sons retained counsel and began negotiations agai agreement was reached which includes the contract balance and extra wor! An On motion, it was unanimously, VOTED: To authorize Town Counsel to settle the claim submitted by David G. Roache & Sons in the amount of $450,000, to be made up of the contract balance plus part of the contract contingency fund, Includes a release and indemnification clause, Workmen’s Compensation Settlement Director of Human Resources Sandra DeBow, Assistant Director Leslea ‘Noble, and outside Counsel Peter Harvey went over the Worker’s Comp case with ‘the Board. Mr. Harvey who specializes in Workers Compensation cases recommended the proposed settlement. On motion, it was unanimously, VOTED: To authorize settlement in the amount of $37,500 with no liabilier In Board of Selectmen January 8, 2008 Page 4 of 22 EXECUTIVE SESSION Present: Town Counsel Jennifer Dopazo, Chief O’Leary, Commissioner DeMaio, and Deputy Commissioner Pappastergion. Litigation ‘Town Counsel Jennifer Dopazo updated the Board on two pending cases. One involves a suit brought by the family of a fatal car accident on the Jamaica Way. Town Counsel and Chief O’Leary feel that the Town is not liable nor involved in the result of this accident. The vehicle involved had previously traveled through Brookline. The second ease involves zoning on a Brook Street property. The owners of the property have been cooperating with officials and within the By-laws, Town Counsel feels that there may not be a need for this case to move forward, Attorney | Cert Privileged Corn manicots ons fsa Kaka ae aa On motion, it was unanimously, VOTED: To reconvene in open session,In Board of Selectmen Tanuary 15, 2008 Page 4 of 40 EXECUTIVE SESSION COLLECTIVE BARGAINING Human Resource Director Sandra DeBow went over an “Opt-Out” program designed for eligible employees to opt out of health insurance benefits provided by the Town, ‘On motion, it was unanimously, VOTED: 5-0 Favorable Action on the Opt-Out Program as stated in the. agreement. LITIGATION Director of Human Resources Sandra DeBow went over a settlement agreement and release of claims with the Board. The settlement agreement is between the Town of Brookline and Firefighter Stephen Worton, and local 950, International Association of Firefighters. (Union). On motion, it was unanimously, VOTED: 5-0 Favorable Action on the proposed Settlement Agreement as presented to the Board. IGATION ‘Town Counsel Jennifer Dopazo, Special Environmental Counsel Nancy Kaplan, Bruce Haskell of Camp, Dresser, and McKee, Commissioner Tom DeMaio, and Director of Engineering Peter Ditto were present. Attorney Kaplan updated the Board on (gaa) ‘There was no vote on this matter. On motion, it was unanimously, VOTED: 5-0 to reconvene in Open Session.In Board of Selectmen Tanuary 29, 2008 Page 4 of 37 EXECUTIVE SESSION Selectman Allen arrived Litigation Proctor case Associate Town Counsel George Driscoll and mediator Jim Simpson went over the Proctor case, The Board had previously voted to settle the case for not more than $30k. Attorney Driscoll presented the settlement to the Proctor family. It was not agreed to. The family came back with $50k, ‘The Board discussed the case and felt that the Town did not have any liability in the case, There was also some concern that it has come down to money, even after the family stated that it was not about the money. ‘The Board feels that there was no fault in this case by the Police Department, however if the case does go to a jury, the outcome can be different, and the Town may be liable for much more. Both Attorney Driscoll and Mr. Simpson recommended the settlement, On motion, it was, VOTED: 4-1 Chairman Daly opposed To authorize Associate Town Counsel Driscoll to settle the Proctor case for not more than $50k. To come from the liability fund. Litigation Hicks case Associate Town Counsel George Driscoll stated to the Board that he would like authorization to dismiss the Town’s cross claim against Geoffrey Hicks in the case of Joanna Gabriel, et al. y. Town of Brookline, et al.. The Town settled with the Plaintiffs and this is the only remaining claim, The likelihood of recovering substantial assets from Hicks is minimal and not worth the time and expense of a trial, When combined with other considerations, it would be in the Town’s best interest to bring this case to a close, On motion, it was unanimously, VOTED: To authorize Attorney Driscoll to dismiss the cross claim against Geoffrey Hicks in the case of Joanna Gabriel, et al. v. Town of Brookline, et al. .In Board of Selectmen January 29, 2008 Page 5 of 37 COLLECTIVE BARGAINING ‘Human Resources Director Sandra DeBow appeared to discuss strategy with respect to Collective Bargaining negotiations. Ms. DeBow went over the Memorandum of Agreement between the Town of Brookline and Local 1358, AFSCME, AFL-CIO. ‘There was no vote on this. PERSONNEL Labor Counsel Liz Valerio appeared regarding a proceeding under M.G. L. ce, 31s. 41.February 25, 2008 EXECUTIVE SESSION Collective Bargaining Human Resources Director Sandra DeBow and outside Labor Counsel Liz Valerio stated that Local 1358, Brookline Town Employees, did ratify the settlement as agreed to between parties. They outlined the agreement made between the Town and AFSCME Council 93. On motion, it was unanimously, . VOTED: To approve the contract agreement between the Town and AFSCME Local 1358 as presented by the Director of Human Resources. ‘The Board also went over the contract agreement between the Town and Local 9501.A.F.F. Firefighters. This agreement has not been ratified; there is no vote at this time. Litigation ‘Assistant Human Resource Director Leslea Noble and outside counsel for ‘Workmen's Compensation Peter Harney updated the Board on a couple of workmen's compensation claims. Mr, Harney recommended that the Board settle the claim EERE a School Building Custodian out on — "The initial settlement deman from the employees counsel was $95k, but Mr. Harney is recommending the $45k. On motion, it was unanimously, 5-0 VOTED: To authorize outside Counsel to settle the workers compensation claim of ERED up to $45k. Litigation workers compensation case. seeking benefits for “harassment and hostile work environment ¢ Town has denied this claim, however at this point the Judge has advised both parties to discuss settlement, In light of this, outside counsel has suggested an offer of a small settlement to comply with the Judge’s request. The Human Resource office seeks el to offer a settlement of $5k in theIn Board of Selectmen } March 4, 2008 Page 4 of 19 COLLECTIVE BARGAINING ‘Human Resources Director Sandra DeBow appeared to update the Board on Collective Bargaining negotiations. Director of Human Resources Sandra DeBow reviewed over the language of the Labor Advisory Committee incorporating the Override Committee's recommendation into collective bargaining guidelines of both the Board of Selectmen and the School Committee. On motion, it was unanimously, 4-0 VOTED: that the Board of Selectmen, consistent with its obligations to engage in good faith bargaining pursuant to M.G.L. c. 150E, consider and incorporate the recommendations in section 8.1.1 and 8.1.2 of the Override Study Committee Report of January 2008 for managing total personnel costs into its collective bargaining guidelines to be adopted for upcoming negotiations so that the combination of salaries, employee health benefits and staffing levels grow at a sustainable rate, On motion, it was unanimously, 4-0 YOTED: to reconvene in Open SessionIn Board of Selectmen March 18, 2008 Page 4 of 29 EXECUTIVE SESSION Director of Human Resources Sandra DeBow went over the Memorandum of Agreement between the Town of Brookline and the Local 950 firefighters. ‘On motion, it was unanimously, 5-0 YOTED: Favorable Action on the Firefighter’s contract. ‘Ms, DeBow then updated the Board ona resident that had been removed from her home and diagnosed with 0 The (INNING who assisted her have been treated and released as a precaution. Dr. Balsam and Dr. Rudish are apprised of the situation and monitoring it appropriately. ‘The Board also inquired about a recent house fire on Sewall Ave. ‘Town Administrator Richard J. Kelliher replied that it is being investigated. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen June 17, 2008 EXECUTIVE SESSION Present: Director of Human Resources Sandra DeBow, Benefits Consultant Pat Haraden, Benefits Coordinator Kathy McGinnis. Director of Human Resources Sandra DeBow outlined the Town of Brookline Healthcare Benefits Request for Proposal. The Board discussed different health care benefit providers, and how they may differ from each other. The proposal was in draft form and for discussion only. On motion, it was unanimously, 5-0 To reconvene in Open Sessionajo l aly 15,2008 Collective Bargaining - under netpptiaction EXECUTIVE SESSION Litigation Present: Human Resource Director Sandra DeBow, Labor Counsel Liz Valerio, Town Counsel Jennifer Dopazo, and Chief O’Leary. v pe Litigation Settlement Town Counsel Jennifer Dopazo, stated that the Town had a claim against the contractor that did the pool renovation in 2006, The contractor neglected to adequately secure the roof causing extensive damage. The estimated damages were at $280k. The contractor took care of about 90% of the damages leaving about 10%. The dispute was over the last 10%. Town Counsel recommended the Town accept a settlement in the amount of $50k. On motion, it was unanimously, VOTED: To authorize Town Counsel to settle a claim filed on bebalf of the Town with Acadia Insurance Company as subrogee for Northern Contracting Inc. as it relates to water damages that occurred in October 2006 at the Kirrane Pool, On motion, it was unanimously, 5-0 To reconvene in Public Session.VPA September 9, 2008 September 9, 2008 EXECUTIVE SESSION Legal Settlement Assistant Director of Human Resources Leslea Noble, and Human Resources Director Sandra DeBow outlined a Workman’s Compensation case. A former |. He has been diagnosed with The claim ‘was denied, and then submitted to the Department of Industrial Accidents. Outside counsel has recommended an agreement without prejudice rather than litigation, ‘The Board discussed the possibility of an accidental disability, which Ms. Noble feels would not suffice. ‘On motion, it was unanimously, VOTED: 5-0 To authorize the settlement of a Worker’s Compensation claim in the amount of $8,530.03. Collective Bargaining Town Administrator Richard Kelliher, Director of Human Resources Sandra DeBow, outlined for the Board recent submittals for health care benefits. The Board went over the bids and discussed the rates and packages. On motion, it was, VOTED: 4-0 (Selectman Allen absent for vote) To authorize the Town to put forth a proposal to the PEC (Public Employee Committee) about entering into the cic. Collective Bargaining Human Resource Director Sandra DeBow, Chief O’Leary, and Outside Counsel Liz Valerio updated the Board on pending legislation concerning police paid detail, There is discussion about allowing “flaggers” to conduct details at work sites for State projects. There was discussion on the position the Chief may have in this and its role in collective bargaining. ‘There was no vote on this.IN BOARD OF SELECTMEN 4 September 23, 208° EXECUTIVE SESSION Present: Director of Human Resources Sandra DeBow, Labor Counsel Liz Valerio, Chief O’Leary. Labor Counsel Liz Valerio and Director of Human Resource went over the Collective Bargaining agreement between the Town and the Police Department. On motion, it was unanimously, VOTED: Favorable Action on the proposed contract between the Town of Rrookline and The Brookline Police Union, Local 1959 dated September 8, 2008, Subject to Union ratification, On motion, it was unanimously, VOTED: To reconvene in Open Session.November 25, 2008 COLLECTIVE BARGAINING Director of Human Resources Sandra DeBow appeared to update the Board on labor negotiations and litigation. Pat Haraden of Longfellow Benefits was present. Town Administrator Richard Kelliher updated the Board on coalition bargaining with the PEC on health care providers. The PEC had submitted a written “working proposal” to join the WSHG Legacy programs with a voluntary Rate Saver option for a term through 2013. The issue of retirees was raised on how the change may affect those that live out of the State. .The PEC also expressed that they would not be considering joining the GIC at this time, The Board went over rate plans, fees, and cost. The Board also was reminded that if no changes are made, the Town will continue with Blue Cross Blue Shield with a 6.5% increase. ‘The consensus was to continue discussions with the PEC on Group Health. ‘There was no vote. sit 2 eck Vacopi Aig - negotiotions pending . Discussion with Chief Skerry Present: Chief Skerry, and Sandra DeBow Human Resources Director On motion, it was unanimously, VOTE! ‘o reconvene in Open SessionIn Board of Selectmen January 13, 2009 Page 8 of 16 EXECUTIVE SESSION Present: Commissioner DeMaio, Sandra DeBow, and Liz Valerio, Human Resources Director Sandra DeBow and Labor Counsel Liz Valerio appeared to update-the Board on Collective Bargaining negotiations, Special Counsel Liz Valerio updated the Board on negotiations that morning with members of AFSCME. The issue of privatization of curbside trash collection and yard waste collection was the main topic. Ms. Valerio mentioned to the Union members that performance was not the issue, it was economic times. The Union officials recognized the hard economic times. The Union would like to see the bids, once they come in and are seeking information about the allocation of equipment and the depreciation of equipment. Ms. Valerio and Ms. DeBow will provide the Union with the requested information. ‘The Board discussed this report, the Town’s bargaining positions going forward, and strategies with respect to collective bargaining. On motion, it was unanimously, VOTED: To reconvene in open session.In Board of Selectmen : February 24,2009 Page4 of $4 EXECUTIVE SESSION Worker’s Compensation 7 Present: Director of Human Resources Sandra DeBow, and Assistant Director of Human Resources Leslea Noble. Leslea Noble went over a worker’s compensation claim for school employee, caerreymemmecricce ct ‘custodian who injured {8 on September 5, 2005, The Town accep! bility for jury, andiiiiw: is placed on worker’s compensation. as cleared to return to work, and on the day of (i a ). This claim was denied. On| second return to work| ‘on that day aswell. This became one claim involving je Judge awarded {i partial compensation for a closed ‘period of time. The decision was appealed. The judge encouraged both parties to settle this claim. ‘The Board expressed concern on any continuing liability that may occur in the future, Ms, Noble replied that this is highly unlikely. The employee has agreed to settle the case for $20k, without liability for i This represents significant savings to the Town for payroll and medical expenses on the back liability. On motion, it was unanimously, VOTED: 3-0 (Allen and Benka absent) Fayorable Action on the workers compensation settlement of {EM in the amount of S20k. Selectman Allen arrived Selectman Benka arrived Litig: Present: Town Counsel Jennifer Dopazo, Chief O’Leary, and Assistant Town Counsel Patty Correa. Town Counsel Jennifer Dopazo outlined the case of Heng v. Town of Brookline, et. al. The lawsuit stems from plaintiff: yagainst the Town of Brookline, Brookline Police Officer John Crandon Bradley, and two John Doe officers alleging excessive force by Officer Bradley during a speeding stop in 2004. ‘Town Counsel recommended settlement ‘of the case in the amount of $5,00.00. vpIn Board of Selectmen v a February 24, 2009 Page 5 of 54 EXECUTIVE SESSION cont'd On motion, it was unanimously, 5-0 VOTED: Favorable Action on the settlement of Heng v. Town of Brookline, et, al, in the amount of $5k. ‘ Town So 1+ Dopazo outlined a claim involving the incinerator stack at the trans{ ‘The contractor, Test Corporation destroyed the ‘Town's electric transformer at the Transfer Station. In addition, a nearby trailer owned by E.T. & L. Corp. the contractor performing the work for the closure of the front landfill was damaged. E.T. & L. filed a claim against the Town for the trailer ‘damage in the amount of $5,000, ‘The transformer was original to the building which was built in 1949. It was currently not up to safety standards. Town Counsel‘recomménded a settlement in the amount of $15,000 of which $12,500 will be paid to the Town, and $2,500 will be paid to E.T. & L. for their trailer. ‘On motion, it was unanimously, VOTED: 5-0 To authorize Town Counsel to settle the claim for damage to the Transformer at the Transfer Station i the amount of $15,000. Collective Bargaining Present: Director of Human Resources Sandra DeBow. Town Administrator Richard J. Kelliher went over a draft memo for the Public Employee Committee urging re-engagement in group health negotiations. ‘The Board would like to see some minor changes in the language. On motion, it was unanimously, VOTED: 5-0 to authorize Town Administrator Richard J. Kelliher to send outa letter to the Public Employee Committee urging re-engagement in group health negotiations, with terms and timing he feels fit. On motion, it was unanimously, VOTED: 5-0 To reconvene in open session.In Board of Selectmen ‘March 3, 2009 Page 4 of 12 EXECUTIVE SESSION Present: Department of Public Works Commissioner Tom DeMalo, Highway Director Kevin Johnson. Commissioner DeMaio provided spreadsheets to the Board detailing bid ittals for curbside collection, ‘The Board discussed the various options and pricing comparisosis. Also discussed was the formula for calculating benefits and determining the cost of an employee performing other duties, for instance curbside collection and snow removal. ‘There was no vote. To be discussed further. On motion, it was imanimously, VOTED: 5-0 To reconvene in open session.In Board of Selectmen ‘March 17, 2009 Page 4 of 19 EXECUIVE SESSION COLLECTIVE BARGAINING Labor Counsel Liz Valerio and Human Resources Director Sandra DeBow appeared to discuss strategy relative to collective bargaining. Town Administrator Richard Kelliher reviewed his memo concerning labor agreements, dated March 13, 2009, as follows: Town labor contracts expire this June 30", School contracts also expire this summer, The only exception is the agreement with the Telecommunications Dispatchers, with whom we negotiated a 4/2 schedule with minimal wage increases, contract expiring June 30, 2011. ‘We are requesting the Board’s authorization to proceéd with a bargaining agenda based on the outline below. The Town’s Negotiating Team will develop propesals for each set of negotiations predicated upon the core areas that the Board authorizes for bargaining. As has always been the case, the Negotiating Team will meet with the Board to both provide updates and seek direction at appropriate junctures in the negotiating process. ‘The Board discussed the bargaining issues. The Board will continue to work on negotiations. On motion, it was unanimously, VOTED: 5-0 To reconvene in open session.In Board of Seleciinen March 24, 2009 Page 4 of 20 EXECUTIVE SESSION Present: Department of Public Works Commissioner Tom DeMaio, Deputy Commissioner Andy Pappastergion, Highway Director Kevin Johnson. Collective Bargaining Commissioner DeMaio reviewed'a spreadsheet comparing the cost of contracting out trash collection vs. keeping it in-house, ‘The Board discussed the cost comparisons. It was determined that there was not a compelling argument to pursue it at this time. Mr. DeMaio stated that the waste hauling business is changing rapidly and it is not easy t6 predict the future.of this business. There could be other options going forward. On motion, it was unanimously, 5-0 VOTED: To reconvene in Open Session.J 9px In Board of Selectmen March 31, 2009 Page 4 of 15 EXECUTIVE SESSION Present: Director of Human Resources Sandra DeBow, Special Counsel Liz Valerio. Collective Bargaining Director of Human Resources Sandra DeBow reviewed a draft copy of the specific proposals recommended to be presented to the [AFF Local 950, Firefighters Union. The Board discussed the issues. On motion, it was unanimously, VOTED: 5-0 Favorable Action on the initial proposal for collective bargaining. VOTED: To reconvene in open session.In Board of Selectmen April 14, 2009 Page 4 of 39 EXECUTIVE SESSION Selectman Allen arrived Present: Director of Human Resources Sandra DeBow, Chief O’Leary Collective Bargaining Director of Human Resources Sandra DeBow reviewed a proposal for collective bargaining with the Brookline Police Association. The proposal is dated July 1, 2009, and was drafted on April 13, 2009. Ms, DeBow reviewed the proposal for collective bargaining with the Local 1358, AFSCME, dated July 1, 2009. The proposal was drafted April 10, 2009. ‘The Board discussed the proposals, there was no vote. On motion, it was unanimously, VOTED: 5-0 To reconvene in Open Session.y pF In Board of Selectmen May 12, 2009 Page 5 of 28 EXECUTIVE SESSION Litigation Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Chris McLaughlin, Director of Human Resources Sandra DeBow stated that former DPW employee }worked for the Town for one year as a stone mason, performing skilled, heavy labor. Beginning in 2004,| . In 2007 his physician stated that he ha ‘The Town has been in litigation for two years and it was determined that with the information given and the impartial medical exam ordered by the State, the ‘Town has substantial exposure under partial disability benefits should they proceed to hearing. Ms. DeBow stated that outside counsel has recommended that the Town seek to settle the ease prior to hearing, and settle based on # partial disability in the amount of $25,000.00. - QEERENEB is receiving a disability retirement from the Town. On motion, it was unanimously, VOTED: To settle (NEY Worker’s Compensation case in the amount of $25,000.00. Litigation Present: Town Counsel Jennifer Dopazo, Outside Environmental Counsel Nancy Kaplan, Public Works Commission Tom DeMaio Selectman Goldstein recused himself. On motion, it was unanimously,In Board of Selectmen May 12, 2009 Page 6 of 28 EXECUTIVE SESSION cont'd Selectman DeWit left the meeting OLLECTIVE BARGAINING cs COLLECTIVE BARGAINING Labor Counsel Liz Valerio and Human Resources Director Sandra DeBow appeared to update the Board on the status of Collective Bargaining negotiations. Present: Labor Counsel Liz Valerio, Human Resources Director Sandra DeBew, Chief O’Leary. Labor Counsel Liz Valerio reviewed a draft Memorandum of Agreement between the Town of Brookline and the Brookline Police Union, Local 1959. (On motion, it was unanimously, VOTED: 4-0 To authorize Labor Counsel Liz Valerio to proceed with the negotiations as discussed. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen Tune 2, 2009 Page 4 of 12 EXECUTIVE SESSION Collective Bargaining Town Administrator Richard Kelliher updated the Board on health insurance negotiations. There have been three meetings with the Public Employee Committee since March, The Board discussed the prospect of submitting a proposal ‘to the unions, and what it could entail. ‘There was no vote. ‘On motion, it was unanimously, VOTED: To reconvene in public session.In Board of Selectmen June 9, 2009 Page 5 of 44 Workers Compensation Present: Director of Human Resources Sandra DeBow, Assistant Director of Human Resources Leslea Noble, Ms. Noble outlined the worker’s compensation claim of (MB (or a. aE Although it was uncovered that the claimant had a pre-existing Pathology of the {MM the Town’s attorney believes the employee would be awarded partial benefits at hearing, Partial benefits would cost the Town $93k in the next, five years. At that time the employee would be able to seek permanent and total benefits. Outside counsel recommended a settlement of $20,000.00. This would remove the threat of an order to pay partial disability and future claims. On motion, it was unanimously, Favorable Action to settle the worker’s compensation claim of in the amount of $20,000.00. VOTE! Collective Bargaining Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis. Town Administrator Richard Kelliher reviewed his memo: Bargaining History Last year the Town and the Public Employee Committee (PEC) engaged in an extensive process to analyze the costs and benefits of changing group health coverage for Brookline Town and School employees, retirees and their dependents. We collaborated on the selection of a group health consultant and on the joint development of a RFP seeking proposals from individual insurance carriers and group programs. Despite the exchange of proposals between the Town and the PEC, the December timefreme for FY10 plan year commitments passed without reaching agreement. In March, 2009 the Town wrote to the PEC urging that the parties re-engage in negotiations as soon as possible in light of our facing an “unavoidable budget cutback environment”. Without hesitation the PEC agreed to renew bargaining and three meetings were subsequently held, At the first of these meetings the PEC stressed that the negotiations not start all over again and urged the Town to recognize unanimous union concems particularly in regard to employees with greater potential for cost exposure that might result from changes in plan design. During the course of these meetings, the PEC and Town spent considerable time reviewing data compiled by our consultant Longfellow Benefits. The data provided all of us with a realistic assessment of total costs/savings along with averege memberIn Board of Selectmen Tune 9, 2009 Page 6 of 44 ‘costs/savings if the town were in a position to transition to either the State Group Insurance commission (GIC) or the West Suburban Rate Saver Program on July 1, 2009. ‘Town Proposal Backeround Ta light of the extent of the premium savings that can be realized by the Town and employees alike by transitioning to the GIC tke Town proposes that Brookline enter the GIC as soon as possible. There are several reasons for this proposed change: © GIC Premium savings as of July 1, 2009 are now calculated to be one third greater than those afforded by West Suburban Rate Saver programs ($5.6 m'llion vs. $3.75 million). * «These savings are higher than estimated in last year’s RFP process suggestirg that GIC costs will continue to trend lower in the future as has been confirmed to be the case in the past. «Despite the significantly greater premium savings projected from the GIC, the estimated increased out of pocket exposure for active subscribers on average is comparable in both plans. + Asaresult of the above, the net projected impact (reduced premiums minus average subscriber out of pocket exposure) is expected to be about $1,000 more favorable for our average HMO Blue current subscribers and $161 more favorable for our average Blue Choice subscribers by switching to the GIC rather than the WSHG Rate Saver Plans. + The relative disadvantages are more pronounced for Medicare eligible retirees in the WSHG than with the GIC. «Despite mixed response from statewide unions and opposition by the Municipal ‘Association legislation is progressing as part of FY2010 state budget which would. ‘syox° localities into a group health change process weighted toward steering cities and towns into the GIC. Premium Mitigation Proposal Even though estimated premium savings for active subscribers are projected (81.38 million) to exceed estimated increased out of pocket expenses ($1 million) the Town proposes to provide premium mitigation to further offset potential utilization costs. The proposed mitigation is equal to approximately one half (50%) of total estimated out of pocket exposure ($500,000) and one half of average per member exposure ($125/member). ‘The extent of mitigation per active subscriber/employee is illustrated below. # Members per Subscriber 6 4“ In Board of Selectmen June 9, 2009 Page 7 of 44 2 $250 1 individual) $125 The net effect of this mitigation proposal is that a family of four currently in HMO Blue would realize a premium reduction of $1,346 if they could enroll in the GIC Unicare PPO and also receive $500 in premium mitigation totaling $1,846, or close to double the estimated increased out of pocket cost of $1,044 (4 members x $261 estimated per member cost), Other provisions of this mitigation proposal are: Worksheets from Longfellow Benefits appended to this proposal. «Mitigation to be provided as quarterly offset against premium withholdings, * Mitigation not taxable; not pensionable. + If Health Reimbursement Accounts become allowable for GIC Municipal ‘paricipants (as is now proposed in pending legislation) the premium mitigation proposed above would be provided in equivalent amounts as payment to such Account(s). The proposed mitigation would be made available to current active subscribers as of the date of agreement. Future active subscribers employed after the effective Gate of agreement are not eligible to receive the proposed mitigation. «If mitigation for current active subscribers only is not legally allowable, then it is proposed that the mitigation expire at the conclusion of the agreement. If agreemeat can be reached on mitigation for active subscribers, the Town will also present proposals for Medicare cligible retirees and out of area subscribers. These proposals would ensure hold harmless cost arrangements for both these groups. ‘Assuming ‘he value of the active mitigation to be approximately $500,000 the total value of these steps combined (actives mitigation and hold harmless for retirees and out of area subsoribers) is estimated as approaching $740,000. Other Provisions © Current reimbursement program for in-patient and out-patient costs would be discontinued upon implementation of proposed mitigation plan. * Commencing in the second year of the agreement the Town would have the unilateral right to discontinue accepting new members into the opt-out program subject to consultation with the PEC. «The Agreement term will be for six years as allowed under Section 19 of G. L. c. 32B,In Board of Selectmen June 9, 2009 Page 8 of 44 '* In recognition of the meeting momentum to date and also of the deadlines ahead, the Town requests notice of PEC intention within two weeks tc submit counter proposal and submitted of actual counter proposal by July 17, 2009. © Thank you for your consideration of this critically important matter. ‘The Board discussed possible outeomes of the proposal. On motion, it was unanimously, VOTED: To authorize the Town Administrator to proceed with the proposal to the PEC on the entering into the GIC. On motion, it was unanimously, VOTED: 5-0 To reconvene in open session.In Board of Selectmen June 16, 2009 Page 4 of 33 EXECUTIVE SESSION ‘Selectman Benka arrived 6:05 p.m. Litigation . Present: Director of Human Resourees Sandra DeBow .. Director of Human Resources Sandra DeBow updated the Board on a recent meeting with the PEC on group health issues. Town Administrator Richard Kelliher updated the Board on the Fire Department contract including the number of yacant positions and minimum manning, The Chief has requested a partial lifting of the hiring frecze. On motion, it was unanimously, VOTED: To reconvene in public session. PUBLIC COMMENT“ p4 In Board of Selectmen June 23, 2009 Page 4 of 50 EXECUTIVE SESSION COLLECTIVE BARGAINING See ee COLLECTIVE BARGAINING Present: Chief O’Leary Director of Human Resources Sandra DeBow Town Administrator Richard J. Kelliher stated that the State has cut the Quinn Bill benefit. Cities and Towns can pay up to 50% of that cut: Mr. Kelliher is recommending the Town pay the 50%,\ In Board of Selectmen ao me a Colleckive Roangcining issue. Under age 4 of He EXECUTIVE SESSION Wegotiotios o Present: Special Labor Counsel Liz Valerio, Director of Human Resources Saridra DeBow, and Chief Daniel O’Leary Group Health Present: Special Labor Counsel Liz Valerio, Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis, and consultant Pat Haraden, Director of Human Resources Sandra DeBow outlined recent discussions ‘with the Public Employee Committee, and their acknowledgement of the GIC. Ms. McGinnis presented the Board with municipalities that joined the GIC, and their contribution splits. There was no vote on these items. On motion, it was unanimousiy, VOTED: 5-0 to reconvene in Open Sessionw InBosrd of Selectmen 9" July 28, 2009 . ; Page 4 of 24 Collective LOW 99 EXECUTIVE SESSION Under negok ALD Spt Present: Director of Human Resources Sandra DeBow, Labor Counsel Liz Valerio, Benefits Coordinator Kathy McGinnis, and Chief O”Leary. ope ‘Town Administrator Richard Kelliher updated the Board on recent discussions with the PEC. Mr. Kelliher reviewed cost and plan proposals. ‘There was no vote on this agenda item. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen August 4, 2009 Page 5 of 25 EXECUTIVE SESSION Present: Chief O’Leary, Director of Human Resources Sandra DeBow, and Special Labor Counsel Liz Valerio. Special Labor Counsel Liz Valerio went over a proposed MOA between the ‘Town of Brookline and the Brookline Police Union. The Board would like “eligible members” inserted on page 2, footnote2, after “A list of all...”, and again under the APPENDIX A heading on page 5. ‘The MOU is subject to ratification. On motion, it was unanimously, VOTED: Favorable Action on the Memorandum of Agreement between the ‘Town of Brookline and the Brookline Police Union, Massachusetts Coalition of Police AFL-I0 Local 1959. Dated August 2009. On motion, it was unanimously, VOTED; To re-convene in open session.pr In Board of Selectmen Angust 26, 2009 Page 4 of 18 EXECUTIVE SESSION Present: Benefits Coordinator Kathy McGinnis, Chief O'Leary Selectman Mermelt arrived PEC LITIGATION ‘Town Administrator Richard J. Kélliher updated the Board on recent negotiations with the PEC. It was a lengthy session and the outcome was clear that the two sides are not close to an agreement, He hopes for a counter proposal for next week, He added that it would be helpful to know their bottom line to see if there is anything to work with. ‘The PEC is proposing a 88/12 split. The Town would like to see a 6 year contract with 77.5% for the first three years. 78% for the 4" year, 79% for the 5™ year and 80% for the 6" year. The Board discussed the cost of healthcare and the effect it has on the total Town budget. PEC’s proposal does not help the strain on the total budget that much. Mr. Kelliher went over the PEC’s concerns which included loss of bargaining rights and the impact on retirees that live outside of New England. On motion, it was unanimously, VOTED: To authorize the Town Administer to put forward a proposal of a 6 year concept with 77.5% for the first three years. 78'% for the 4" year, 79% for the 5" year and 80% for the 6" year. Police Union MOA Chief O'Leary stated that the Brookline Police Union has agreed to the MOA dated August 2009. The Board discussed the topic of acknowledging education benefits for new officers. There was no yote on this item. On motion, it was unanimously, VOTED: To reconvene in Open Sessionf Vv In Board of Selectmen September 15, 2009 Page 4 of 19 itigation Present: Town Counsel Jennifer Dopazo Gilbert and Associate Town Counsel John Buchheit, Attorney Buchheit went over a case where a vehicle was involved in an accident with a Town truck. The evidence of the case supports the vehicle was trying to-cut off the truck and ended colliding into its side. The clainiant is suing for loss wages, pain and suffering, and medical damages. Town Counsel is requesting authorization to settle the case for up to $5,000 or to proceed to trial. On motion, it was unanimously, VOTED: To authorize Town Counsel to settle the case for up to $5,000 or to. proceed to trial. Collective Bargaining Present: Director of Human Resources Sandra DeBow. Town Administrator Richard J. Kelliher updated the Board on recent discussions with the PEC. It has come to the conclusion that they are not near an acceptable solution. PEC has made note that this is their very best effort, although it was never stated that this is a final offer by either side. Ms, DeBow added that there will be upcoming meetings with the Town/School and the PEC. Chairman Daly added that the grim reality is that the cost of healthcare may force the Town to seek financial relief elsewhere which may result in cutting services, ‘There was no vote.1p In Board of Selectmen October 6, 2009 Page 4 of 23 EXECUTIVE SESSION Present: Town Counsel Jennifer Dopazo Gilbert, Building Commission Mike Shepard, School Superintendent Bill Lupini. ‘Town Counsel Jennifer Dopzizo Gilbert outlined for the Board the process for the Runkle School project. Some questions have come up regarding zoning. ‘There would be a process to address it. A neighbor has some concerns about the height and FAR of the project. Chairman Daly stated that she and a School Committee member met with the architect to go over the plans. There are valid reasons as to why the designs are as they are. They have tried to address any situations that may come up and it was clear that the current plan is the most effective plan for the project. ‘There was no vote. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen October 13, 2009 Page 4 of 20 EXECUTIVE SESSION Litigation Present: Town Counsel Jennifer Gilbert Dopazo, Chief O’Leary, and Attorney Doug Lewiston. ‘Town Counsel went over litigation pending in Federal Court. It needs to be determined whether to go to trial or mediation. Based on the facts, Town Counsel suggest going to trial. This case has been in the courts for a couple of years. The plaintiff is seeking $3 million from the Town. (The plaintiff's name was not disclosed) The plaintiff is charging the Brookline Police Officers with excessive force. There was no evidence during the booking of any excessive force. Attorney Lewiston reviewed the case. During the late evening/early morning hours a vehicle was stopped at a red light. An officer approached from behind and noticed an expired registration. He called in the plate and learned that it was reported stolen, The vehicle sped off, stopped, and the suspect took off on foot, By this time there were three or four officers in pursuit by the Brookline Hills T stop. ‘The officers recognized the suspect; he has had many run-ins with the law. During the criminal trial all of the Officers stated that a description of the suspect was heard over the radio. When the dispatched tapes were played, there was no description on it. The suspect is making a civil rights case out of this. * ‘The consensus of the Board is that this is a career criminal, and the Town skiould not pay or settle the case when with no evidence that he was deprived of his rights or excessive force. There was no vote. On motion, it was unariimously, VOTED: To move out of Executive Session.In Board of Selectmen October 27, 2009 Page 4 of 31 EXECUTIVE SESSION Collective Bary Present Director of Human Resources Sandra DeBow Town Administrator Richard Kelliher presented the Board with a draft Memorandum of Agreement to the PEC on entering the GIC. The effective date of the duration of the agreement is 2010-2013. ‘The PEC will meet again on November 16. The Board discussed the alternative to entering into the GIC which would be staying with Blue Cross Blue Shield and enduring their cost increases, which may result in a “0” pay increase to employees for two years to accommodate the cost. On motion, it was unanimously, VOTED: 4-0 To allow the Town Administrator and Human Resource Director Sandra DeBow to present the Memorandum Agreement to enter the GIC to the PEC. On motion, it was unanimously, VOTED: 4-0 To reconvene in Open Session.In Board of Selectmen November 10, 2009 Page 4 of 15 EXECUTIVE SESSION Coalition Bargaining Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis, Benefits Consultant Pat Haraden, School Superintendent Bill Lupini, and School Committee member Rebecca Stone. Mr. Haraden and Town Administrator Richard Kelliher outlined the recent proposal from the PEC. Their proposal includes a 78/22, 80/20, and 85/15 share split. Mr. Kelliher and Ms. DeBow would like to offer a counter proposal with a 78/22, 80/20, and 82/18 split, The Board discussed a settlement agreement and the cost of the counter proposal. On motion, it was, VOTED: To authorize the Town Administrator and the Human Resources Director'to make a counter proposal of a 78/22, 80/20, and 82/18 split. Not to consider a 85/15 split. No DeWitt ‘Aye Mermell No Benka Aye Goldstein ‘Aye Daly On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen November 17,2009 Page 4 of ia Collestive Bargaining ‘Town Administrator Richard Kelliher and Human Resources Director ‘Sandra DeBow updated the Board on recent bargaining negotiations with the PEC. On Friday, the PEC and Town Officials did not come (o an agreement on entering the GIC. Since then, the Teachers formed a protest outside of Town Hall. Mr. Kelliher went over the Town’s position and the savings that both the Town and the employees would incur if they went into the GIC at an 82/18 split. ‘The Bonrd was disappointed with the end result, which may indicate future budget cuts and layotts. ‘On motion, it was unanimously, VOTED: To reconvene in Open Session. VpeIn Board of Selecmen ‘November 24, 2009 Page 4 of 14 EXECUTIVE SESSION Coalition Bargaining Present: Director of Human Resources Sandra DeBow, Benefits Coordinator Kathy ‘McGinnis, Labor Counsel Liz Valerio. Town Administrator Richard Kelliher reviewed the PEC agreement on entering the GIC. ‘The Board discussed next steps and the process to follow. On motion, it was unanimously, VOTED: 5-0 To reconvene in Open Session.In Board of Selectmen December 1, 2009 Page 4 of 28 EXECUTIVE SESSION LITIGATION-SETTLEMENT Present: Human Resources Director Sandra DeBow, Assistant Human Resource Director Leslea Noble. Human Resources Director Sandra DeBow outlined a Workman’s ‘Compensation case. A former employee slipped on the ice and hit his head. He worked as a laborer for the DPW Highway Division, The Town discontinued benefits due to specialized testing and examinations. The matter was taken up at the Department of Industrial Accidents and the Town was ordered to pay temporary total benefits. The Town appealed, and is now facing a hearing. ‘The employee's initial demand for settlement was $65,000. The Town’s attorney settled for $15, 00.00 with no future liability. On motion, it was unanimously, VOTED: To authorize settlement of the worker’s compensation claim of Robert Lynch for no more than $15,000, agreement to settle any and all claims of injury with the Town, and that the claim would be settled with no liability on the part of the Town, including future medicals. On motion, it was unanimously, ‘ VOTED: To reconvene in Open SessionIn Board of Selectmen January 5, 2010 Page 4 of 16 EXECUTIVE SESSION Present: Director of Human Resources Sandra DeBow, Assistant Director of Human Resource Leslea Noble and Chief Skerry. Settlement i’ Director of Human Resources Sandra DeBow updated the Board on a Workers Compensation case that had been previously authorized to settle for Sk. ‘The Town originally denied the claim based on a prior medical condition. A hearing has been concluded in this case, and the judge is about to render his decision. He gave the parties one final opportunity to settle the case. has agreed to settle the case for $7,500 without liability and without medical. Counsel recommends that we accept the final demand to close this long standing case. Chairman Daly expressed concerns that this ease has no merit and the Town should not be paying out these small claims when not at fault. Ms. DeBow replied that to continue to litigate the case would cost twice as much. The Town is defending itself more vigorously, but in cases of psychological conditions, the claims become much more complex. The Public Safety Department is now screening applicants with psychological testing. On motion, it was unanimously, the VOTED: To settle the workers compensation claim off amount of $7,500.00 without liability and without medicals. Collective Bargaining Chief Skerry updated the Board on a recent grant application with the Department of Homeland Security. He expressed concerns with the conditions of the grant and would like to gather more information on it. The Union would like to apply for the grant but there may be implications that would not be beneficial to the Town, Chief Skerry and Town Administrator Richard Kelliher will look into the conditions of the grant. There was no vote on this item. On motion, it was unanimously, VOTED: To reconvene in open session.In Board of Selectmen J pp February 9, 2010 Page 4 of 25 EXECUTIVE SESSION Present: Town Counsel Jennifer Gilbert, Associate Town Counsel John Buchhiet tigation Town Counsel stated that the Zoning Board of Appeals has made a decision on the Runkle School Project; it has not been written up and sent to the Town. Clerk. Once that happens the 20 day appeal period will start. ‘The Dover Amendment has been applied per the decision, There was a meeting with the MSBA and they indicated that they are not going (0 review the case and will not get involved in litigation. The funding will go forward, if the design changes are made to settle the case, it will be on the Town’s dime. If FAR results in a reduction in size it would be on the Town’s dime. ‘The Board discussed the Dover Amendment, The Dover Amendment exempts agricultural, religious, and educational corporations from certain zoning restrictions. It allows a structure that provides certain services to ignore local zoning laws and build the facility it needs to provide those services. Selectman DeWitt asked why the FAR was still being looked at if the project falls under the Dover Amendment. Ms. Dopazo replied that FAR contains “general harmony” provisions, The Dover Amendment waives that zoning requirement. However, if the petitioner can come up with a plan that would reduce the FAR, a judge may look at it and ask the Town to consider that option to provide a “general harmony”, ‘The Board discussed the risk, and if there was a way fo accommodate all of the abutters. The question came up to why the petitioner has not been able to supply any designs that would provide a compromise. Mr. Buchhiet added that the Dover Amendment does not require all abutters to be accommodated, Chairman Daly added that they had gone through the process, and it is not fair ¢o jeopardize the project because one abutter out of many is against it. Selectman Goldstein hopes that all avenues will be looked at in hopes of a result that is more satisfactory to everyone, ‘The Board discussed the possible implications this may have on future projects and concerns on general policy preference against using the Dover Amendment. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen March 9, 2010 Page 4 of 20 EXECUTIVE SESSI Present: Labor Counsel Liz Valerio, Human Resource Director Sandra DeBow, Commissioner Pappastergion, and Director of Parks and Recreation Erin Gallentine. ‘The Board discussed ongoing labor negotiations with AFSCME. They hope to come to a settlement in the near future. The Board discussed the results of an RFP for grounds maintenance work prepared based on the recommendation of the Efficiency Initiative Committee, and presented the Board with two different scenarios comparing contractual services to current costs. The consensus was that there is not enough cost savings to actively pursue this option at this time, Ms. Debow briefed the Board on some changes to the description of the upcoming civilian positions in meter collector positions. The changes pertain to the description of work conditions. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen March 23, 2010 Page 4 of 19 ~EXECUTIVE SESSION — Present: Human Resource Director Sandra DeBow, Benefits Coordinator Kathy McGinnis. ‘The Board discussed GIC rates and changes in the group health plan, The PEC expressed concerns of the deductible amounts, and requested reimbursements for a portion of the deductibles. There was also discussion on the cost of durable medical equipment. The Board reviewed the cost and the funding of the reimbursements if they were to pursue that request. Should there be an agreement, the Board would agree for one year. On motion, it was, VOTED: 3-2 (Benka, Goldstein against) To authorize the Town Administrator and Human Resource Director Sandra DeBow to negotiate with the PEC to increase the Health Reimbursement Account up to a maximum of $250k for one year. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectmen April 6, 2010 Page 4 of 28 EXECUTIVE SESSION Present: Chief O’Leary, Director of Human Resources Sandra DeBow, Town. Counsel Jennifer Gilbert, and Associate Town Counsel Patty Correa. t Chief O’Leary updated the Board on recent évents involving off duty police officers who were involved in an altercation in the early morning of March 28, 2010. The Chief went over the procedures, the statements, and the ongoing internal investigation, The Chief relayed that he will have more information once the investigation is finalized, ‘The Board inquired about outside investigators. The Chief stated that the District Attorney's office was advised of the investigation, and the FBI will be reviewing the reports once they are completed. ‘There was discussion of the employment status of the four officers while the investigation is underway. The Chief had suggestions in this regard. Actions in this regard are to be taken as a later date. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen P April 13, 2010 Page 4 of 31 EXECUTIVE SESSION Collective Bargaining Present: Director of Human Resources Sandra DeRow. Town Administrator Richard Kelliher stated that the Board had agreed to authorize up to $250k as a funding amount to be set aside for an HRA Agreement with the PEC. The PEC made a counter proposal with a cap of $265k. Mr. Kelliher presented a spreadsheet that calculates the Town’s maximum HRA exposure under the proposed HRA reimbursements, Mr. Kelliher recommended to the Board negotiating a $225k cap. On motion, it was, VOTED: 4-1 Goldstein against favorable action on the Memorandum of Agreement as presented with the change in section 2, to increase the reimbursements funds to $225k.In Board of Selectmen April 13, 2010 Page 5 of 31 EXECUTIVE SESSION Litigation Present: Chief O'Leary, Town Counsel Jennifer Gilbert, Associate ‘Town Counsel Patty Correa, and Human Resource Director Sandra DeBow. Chief O'Leary briefed the Board on the current status of the four police officers involved in an off duty alfercation. The Chief consulted with the District Attorney’s office last week. The 4 officers were charged with assault and battery, and 2 others were charged. Independent statements were taken from the witnesses. There will be a Clerk’s hearing in Waltham, The Board discussed the desk duty rotation which the Chief would like to start tomorrow. Any disciplinary actions will be taken once the investigation is completed.In Board of Selectmen April 13, 2010 Page 6 of 31 EXECUTIVE SESSION igation: Present: Town Counsel Jennifer Dopazo. Town Counsel Jennifer Dopazo outlined for the Board a case where the HVAC unit at the Health Building was designed too small, the calculations were done wrong. This has resulted in improper heating and cooling of the building. The Town has reached a settlement with the architect plus a third party engineer. The specs are ready to go and the repairs will be done at no cost to the Town. On motion, it was unanimously, VOTED: To authorize Town Counsel to execute the settlement relative to the claim with BH&A and Maine Maritime Corp. On motion, it was unanimously, VOTED: To reconvene in Open Session.In Board of Selectman April 20, 2010 Page 4 of 22 EXECUTIVE SESSION Litigation - Present Director of Human Resources Sandra DeBow. ‘Town Administrator Richard Kelliher updated the Board on recent discussions with representatives of the PEC. The discussion was based on the Health Reimbursement Account. Mr. Kelliher presented new language on the proposal. On motion, it was unanimously, VOTED: To authorize Town Administrator to present the new language to the PEC as a final offer. On motion, if was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen May 18, 2010 Page 4 of 18 Collective Bargaining Present: Director of Human Resources Sandra DeBow, Commissioner Andy Pappastergion Director of Human Resources Sandra DeBow reviewed the Draft ‘Memorandum of Agreement with AFSCME local 1358. On motion, it was, VOTED: 3-2 (Benka and Goldstein against) to authorize the execution of the settlement agreement between the Town and AFSCME local 1358 as presented. Criminal charges Commissioner Pappastergion updated the Board on criminal charges placed by one employee on another after a scuffle during working hours. There was an incident where a supervisor sind employee got into an argument that resulted in the supervisor shoving the employee. The employee pressed charges and the courts are going forward with the complaint. Mr. Pappastergion added that the supervisor has over 25 years with the Town and an unblemished record. The employee has had conduct incidents and the Town’ is moving ahead with fter reviewing the incident. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen June 22, 2010 Page 4 of 15 EXECUTIVE SESSION igation Present: Chief O’Leary, Town Counsel Jennifer Gilbert, and Human Resource Director Sandra DeBow Chief O'Leary reviewed the court proceedings that resulted in the dismissal of all complaints against all parties that arose out of the “off-duty” incident on Beacon St, He than reviewed his contemplated disciplinary action relative to this matter. The question of possible civil rights action was raised and Town Counsel advised it remains a possibility that actions could be pursued against officers individually. The Chief also noted communications from the Office of the Norfolk County District Attorney relative to the grant of immunity in criminal proceedings. Additionally he informed the Board of records recently furnished in redacted from concerning discipline administrated by the Department. There was no action taken. On motion, it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen September 14, 2010 Page 4 of 13, EXECUTIVE SESSION Litigation Present: Town Counsel Jennifer Gilbert, Conservation Administrator Tom Brady, Town Counsel updated the Board on recent findings from Gas Safety Inc., and Attorney Jan Schlictmann on their inventory of our Public Shade Trees to identify those impacted by gas leaks. Aat assessment 6f the trees health, and the value of those impacted was performed, The testing showed that many trees in Brookline have been damaged by. gas leaks. Ms. Gilbert requested authorization to hire Attorney Schlictmann to join suit with other municipalities to file suit against National Grid for the damages of the tress. The estimated damages in Brookline are estimated at more than $1 million, ‘The Board asked how the value was determined. Mr. Brady replied that there is formula used fo determine the value of a tree. On motion, if was unanimously, VOTED: To authorize Town Counsel to retain Attorney Schlictmann to file suit against National Grid for the damages to Town trees. Litigation Town Counsel updated the Board on a dispute between the Town, the contractor and subcontractor of the Town Hall Project. The punch list items have not been completed and the Town is holding final payment, There is a dispute between the contractor and the subcontractor on who is responsible for this work. It has been determined that $29k of the work to be done has been completed. Ms. Gilbert is requesting authorization to pay this partial settlement. The balance of the funds will be held until all the work is done and approved. On motion it was unanimously, VOTED: To authorize Town Counsel to release a payment of $29,036.95 to ‘Colantonio Inc. On motion it was unanimously, VOTED: To reconvene in Open sessionIn Board of Selectmen September 28, 2010 Page 4 of 28 Litigation Present: Director of Human Resources Sandra DeBow Director of Human Resources Sandra DeBow updated the Board on recent discussions with Union representatives. The AFSCME union did not ratify its contract, ‘and she will be continuing negotiation discussions. ‘The Board discussed pay increases and A day buybacks. Ms. DeBow will negotiate within the previously approved parameters. ‘On motion it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen October 12, 2010 Page 8 of 27 EXECUTIVE SESSION CITIZEN COMPLAINT APPEAL Preset Town Counsel Jennifer Gilbert, Attorney Susan Horwitz, Lt. Stephen Burke, Chief O°Leary, Union Representative Officer Bob Murphy, Continued Civilian Appeal Hearing of the Police Department's report on a citizen’s complaint filed on August 30, 2010. Chairman DeWitt stated that this is the postponed hearing on the Citizens Complaint. The Board was informed by the complainant that she would like to withdraw the complaint. She will be issuing a written withdrawal letter. Lt. Burke added that he spoke with Ms. Walsh and she did indicate that she would like to withdraw her complaint, Chairman DeWitt added that the finding was deemed unfounded. On motion it was unanimously, VOTED: the Board has been informed that the Civilian Complaint Appeal was drawn in a telephone conversation with Lt, Burke at the last minute. Under these circumstances, the Board has voted to affirm the disposition of the complaint by the Chief as unfounded based on the investigation of the Office of Professional Responsibility. On motion it was unanimously, VOTED: To reconvene in Open SessionIn Board of Selectmen November 3, 2010 Page 4 of 10 WORKERS COMPENSATION CLAIM Human Resources Director Sandra DeBow appeared to request authorization to settle a Workers Compensation claim, ‘Selectman Benka arrived Present: Human Resource Director Sandra DeBow, Assistant Director Human Resource Leslea Noble. ‘Ms, Noble reviewed the following memo on the case: ‘The Human Resources Office is seeking the Board’s approval to settle a worker's compensation claim for former DPW Highway employee, G0 in the amount of $20K. - is a WEED Heavy Motor Equipment Operator who claimed a me: May 19, 2008 while throwing a bag of yard waste into a truck. The claim was ‘initially denied by the Town because at the time of injury, the employee was engaged in a personnel matter related to his ability to perform his essential job duties and there was no objective evidence of the claimed injury. ‘An independent medical exam ordered by the Town in August of 2008 opined chat ill eee, However, at the Department of Industrial Aceidents (DIA) Conference in November, 2008, the Town was ordered to pay temporary partial benefits to the employee at a rate of $328.69 per week. ‘This case has been in litigation since the order to pay in August of 2008. The litigation has been delayed by the DIA to allow the employee time to obtain a final outcome on his disability retirement application. The application for disability retirement was denied by the Brookline Retirement Board in July 2010, and the case was pushed forward to hearing level. Unfortunately, our workers’ compensation attorneys indicate that this denial of disability retirement will not have a bearing on the outcome of the DIA recommendation and, if anything, will negatively impact the outcome by awarding greater benefits. November 4, 2010, is the next DIA hearing. Our attorneys have indicated that it is unlikely the Judge will overturn the original order to pay partial benefits. If the hearing goes forward, and the Town is ordered to pay partial benefits, we would pay $45,000 to the employee in remaining §35 benefits and $5,000 to the employee's attorney, as well as our legal costs for outside counsel. Therefore, in order to avoid the cost of trial and avoid the uncertainty of the outcome of a hearing at the DIA, our workers compensation counsel has recommended the Town agree to a settlement. We respectfully request to settle this case for $20,000, closing this case and avoiding a potential additional cost of at least $30,000 to the Town.In Board of Selectmen November 3, 2010 Page 5 of 10 ‘The Board discussed liability on future medical expenses. Ms. Noble noted that there has been no treatment for the injury to date, It would be difficult to pursue a future claim; it would need to be deemed “reasonable and related”, On motion it was, DeWitt . Aye Daly Aye Mermell Aye Benka Aye Goldstein No VOTED: 4-1 To authorize the Human Resource Director to settle a worker’s compensation claim for up to $20,000.00.In Board of Selectmen November 3, 2010 Page 6 of 10 EXECUTIVE SESSION LITIGATION ‘Town Counsel Jennifer Dopazo Gilbert will appear discuss strategy with respect to litigation and potential settlement of a claim. Present: Town Counsel Jennifer Gilbert. Town Counsel reviewed the following memo: By letter dated October 12, 2010, the United States Environmental Protection ‘Agency (“EPA”) notified the Town that it had documented an ofl spill that the Town was responsible for and that it had authority to fine the Town up to $177,500 under Section 311 of the Clean Water Act. With the letter, however, EPA offered an “expedited settlement,” allowing the Town to settle the claim for $7,000. If the Town agrees to the settlement, it must send EPA a certified check and the signed “Expedited Settlement Agreement” by November 12, 2010. EPA’s letter and proposed agreement are attached hereto. After consulting with environmental counsel Nancy Kaplan and Peter Ditto, the Office of Town Counsel recommends settlement. “The background to the case is as follows: On November 9, 2009 a Town contractor was demolishing a small brick building that contained a transformer (“transformer building”) and a building that contained pumps (“pump house’). These buildings were located at the Brookline Reservoir Park near the intersection of Warren and Boylston Streets. The contractor was told and it was stated in the bid documents that all oil had been removed from the transformer. This, however, was not the case and when the transformer was moved the oil tank ruptured, It is unknown how much oil spilled, but the volume of the transformer tank was approximately eight hundred gallons, Some of the oil traveled into a stormwater pipe that empties into Leverett Pond. EPA asserts jurisdiction pecause Leverett Pond meets the definition of “navigable water” under the Clean Water ‘Act and because some oil, causing a sheen on the water, entered the Pond. ‘We have researched whether the contractor or the Massachusetts Water Resource Authority MWRA”) might also be liable for the spill. Because the bid documents stated clearly that the oil had been removed from the transformer and because our investigation at the time of the spill revealed no evidence that the contractor was negligent or exacerbated the situation, we do not think that an action against the contractor would be successful, As for the MWRA, it required the Town to sign an indemnity agreement before the demolition, which we believe is enforceable.In Board of Selectmen November 3, 2010 Page 7 of 10 EXECUTIVE SESSION cont'd VOTED: to authorize the Town Administrator to sign the settlement agreement with the Environmental Protection Agency in the amount of $7,000.00 in relation to the oil spill af the reservoir transformer building. vpeJp: In Board of Selectmen ‘November 3, 2010 Page 8 of 10 EXECUTIVE SESSION Litigation Present: Town Counsel Jennifer Gilbert, Town Counsel Jennifer Gilbert stated that Petroleum Traders Corporation (PTC), a major gasoline supplier, entered into a contract with the Town and 8 other communities at a set price for gasoline for one year. Almost one year later PTC intended to raise its price by approximately 25% above the contracted price stating that the contracted materials were not available and a substitute was being supplied at a higher cost. Brookline and several other communities refused to pay, resulting in PTC filing suit for breach of contract. Brookline drafted a motion for summary judgment and a counter claim for a breach of contract. ‘The Town was successful in its breach of contract claim. Brookline was awarded $3,978.63 in settlement cost. ‘The Board was pleased with the award and happy that the other communities benefited from Brookline’s lead on the case. On motion it was unanimously, VOTED: to authorize Associate Town Counsel Patty Correa to sign the settlement agreement with Petroleum Traders Corporation in the amount of $3,978.63.In Board of Selectmen pm Jv December 14,2010 : Page 4 of 53 EXECUTIVE SESSION Litigation Present: Town Counsel Jennifer Gilbert and Associate Town Counsel Patty Correa ‘Town Counsel Jennifer Gilbert reminded the Board of the accident awhile back when a police cruiser went into the storefront window of a Chinese restaurant on Route 9, The accident was the result of an officer in pursuit, The roads were slick, ‘Town Counsel requested up to $30,000 to settle the claim. The amount is due to structural damages. The fands will be paid from-the liability fund. On motion it was unanimously, VOTED: To authorize Town Counsel to settle the claim for up to $30,000.00, from the liability account.January 4, 2011 EXECUTIVE SESSION Coalition Bargaining rector of Human Resources Sandra DeBow, Benefits Coordinator Kathy McGinnis. Present: ‘Ms, DeBow reviewed the following memo: Please be advised that the PIC has raised some concerns with the Health Reimbursement Account (HRA) negotiated last year in connection with the transition to the GIC, The Town agreed to reimburse two of the highest co-pays as part of that Agreement, However, there is a third co-pay of $100 for high-tech imagining, MRIs, CAT scans which is having a significant impact on employees with certain serious and/or chronic health condition (e.g. cancer), Although this is not affecting a large number of subscribers it is having a significant impact on employees who are already experiencing significant financial stressors due to their condition, The PEC has proposed that the Town extend eligibility for reimbursement of these co-payments from the HRA. In general, the Town is sympathetic to this situation and is prepared to recommend an extension of the HRA with certain conditions. Under the circumstances, it would create good will with the PEC. Our agreement would be conditioned upon the following: (2) That the reimbursement would only be limited to services resulting from serious and/or chronic medical conditions, (2) That reimbursement would be made after the second co-payment. 3) That the $225,000 previously allocated for the HRA will not be increased to fund this extension, ‘We have conservatively estimated the cost of this extension to be $25,000. Even with this additional cost, we will not expend the $225,000 allocated for the HRA. ‘The Board approved the proposed side-letter agreement with some minor amendments and subject to Town Counsel’s review. On motion it was unanimously, VOTED:4-0 to approve the Coalition Bargaining Agreement subject to Town Counsel's approval. On motion it was unanimously, VOTED: To reconvene in Open Session,January 25, 2011 EXECUTIVE SESSION Litigation Present: Town Counsel Jennifer Gilbert, Associate Town Counsel Patty Correa Town Counsel Jennifer Gilbert outlined a suit in Superior Court against the Town of Brookline. The claim involved a vehicle accident with a Brookline Police Officer. The female driver (Ashton) sustained injuries that required physical therapy which lead to a number of complications. The plaintiff is seeking damages for pain and suffering, It is a ‘complicated case due to her history of injuries; however, a trail may involve considerable rrisk. The initial demand was for $50,000, it has been negotiated down to $15,000. On motion it was unanimously, VOTED: To authorize Town Counsel to settle the claim for $15,000.00.March 1.2011 EXECUTIVE SESSI Present: Town Counsel Jennifer Gilbert ‘Town Counsel Jennifer Gilbert updated the Board on a recent personal injury claim, An employee was involved in a motor vehicle accident. The claimant suffered soft tissue injuries to his back, neck, and shoulder area and suffered from headaches. The medical bills amounted to $6,000. The original demand was $20,000, which has been negotiated down to $8,500. The settlement will be funded through the Legal Department budget claims account. ‘The Board asked about the employees driving history. Ms. Gilbert replied that ‘there have been no prior accidents involving the employee. On motion it was unanimously, VOTED: To authorize Town Counsel to settle the claim of (ND for up 0.00. On motion it was unanimously, VOTED: To reconvene in Open Session.