BOARD OF SELECTMEN’S MEETING, MONDAY, JULY 30, 2012
In attendance: J. Thomas Hurley, Robert C. Sweeney, Denis F. Keohane, Kevin J. Mearn, Town Administrator, John Flynn, Town Counsel and Paula Rizzi, Executive Secretary
- Chairman Hurley convened the meeting at 8:05 p.m. at the Senior Center, 10 Walnut Street.
2. Library Trustee Mary Riffe Hiss addressed the Board regarding a town-wide read of “To Kill a Mockingbird” this fall.
Denis F. Keohane moved, Robert C. Sweeney seconded and the Board voted unanimously to approve a request from the Library Trustees to display a banner on the Library grounds from August 1 through September 15 to promote the town-wide read of “To Kill a Mockingbird”, which will begin after Labor Day and conclude on November 3, 2012.
3. The Board confirmed August 9, 2012 at 8:00 p.m. as a future meeting date.
4. Denis F. Keohane moved, Robert C. Sweeney seconded and the Board voted unanimously to approve the July 19, 2012 meeting minutes as written.
5. Chairman Hurley read the following correspondence sent by Town Administrator Kevin Mearn to the Board of Selectmen into the record:
“In light of recent events, including the Executive Session held by you on Wednesday, July 18, 2012, I have decided that it would be in my best interest and the best interests of the Town in which I was raised, for which I have worked faithfully for nearly thirty-nine (39) years immediately following my release from military service and which I dearly love and respect, that I retire from my position as Town Administrator effective June 29, 2013.
I am proud of my many accomplishments over the years and feel that I will be leaving public service at a time when the Town is well-positioned for success into the future.
Recognizing that the Town may wish to commence its search earlier than the end of this fiscal year, especially in light of the events of last Wednesday, and anticipating that the Town may need to install a new Town Administrator prior to my planned retirement date, I would be willing to consider earlier retirement upon negotiations of appropriate terms.
I will be available to discuss all options with you at your convenience.”
6. The following residents spoke in support of Kevin Mearn, asking the Board to reconsider its decision to not renew Mr. Mearn’s contract with the Town: Paul Yovino, 16 Sheridan Drive, John A. Cronin, 130 Wendell Park, Lena Deaibes, 19 Cheever Street, Kevin Shea, 45 Sheridan Drive, Christopher, Kerri and Katie Mearn, 37 Sheridan Drive, Richard Mearn, 11 Cypress Road, Vicki McCarthy, 6 Hillcrest Road, Katie Conlon, 42 Reedsdale Road, John Shields, 142 Houston Avenue and Malcolm Larson, 147 Ferncroft Road.
7. The Board discussed the renewal of the Town Administrator’s contract. Chairman Hurley asked the Board to consider postponing the vote so the Board could meet with Labor Counsel for further discussion. The Board directed questions to John Flynn regarding the legality of tonight’s vote, the current employment status of the Town Administrator, and severance pay.
In response to the question of whether it is legal for the Board to consider whether to renew or not to renew the Town Administrator’s contract at tonight’s meeting, Town Counsel replied, “Mr. Chairman, members of the Board, yes.”
In response to the question of the status of the current employment of the Town Administrator, Town Counsel replied, “As I understand the law, as with any similar case it is a case of employment at will, not an extension of the contract.”
In response to the question of the whether the Town is responsible to pay the Town Administrator severance pay, Town Counsel quoted the Town Administrator’s contract as follows: “In the event that the Town Administrator is terminated by the Town without cause during the term of this agreement or any extension hereof, the Town shall pay to the Town Administrator upon such termination a lump sum equal to the number of weeks salary remaining between the date of termination and the last day of the fiscal year or six (6) month’s aggregate salary, whichever is more. If the Town Administrator is terminated by the Board for cause or if this agreement is not renewed, then in either event the Town shall have no obligation to
pay such lump sum”.
Selectmen Sweeney cited his reasons for not wanting to renew the Town Administrator’s contract. Chairman Hurley spoke in support of Mr. Mearn’s record as Town Administrator.
Robert C. Sweeney moved, Denis F. Keohane seconded and the Board voted 2-1-0, with Robert C. Sweeney voting yes, Denis F. Keohane voting yes, and J. Thomas Hurley voting no, not to renew the Town Administrator’s contract which expired~on June 30, 2012, and to begin the search process for a new Town Administrator.
Chairman Hurley requested that the Chairman of the Town Government Study Committee be invited to the next Board meeting.
Mr. Mearn read the following statement:
“While I can’t claim to be surprised by the Board’s vote this evening, I am deeply saddened by what I perceive to be a failure of leadership by a majority of our Town’s elected officials.
After thirty-nine years of faithful and successful service to the Town in which I was raised, the Board, as recently constituted, has determined that it is time for a new Town Administrator. While that is their prerogative, the people of Milton deserve to have their elected officials make such important decisions based upon appropriate considerations. Unfortunately, I do not believe that to be the case here.
This all began with my bringing to the Board’s attention certain serious irregularities by a Department Head. My job, as Town Administrator, is to act as a gatekeeper for the Board of Selectmen. It is my responsibility to bring to their attention such serious irregularities, as they are the appointing authority over all department heads in Town. However, the Board, by a 2:1 vote has decided to terminate my employment. I fear that this will only embolden this department head, and perhaps others, to act outside the scope of their authority. This would place them beyond the control of the electorate and could expose the Town I love and have faithfully served to serious potential liability. While the Board has chosen, for reasons only they can know, to make this
issue personal, it was never personal to me. This is an issue of policy, an issue of governance.
I am sure that many of you will have numerous questions about the motives and actions, or inaction as the case may be, of certain members of the Board of Selectmen. I respectfully suggest that you direct those question to them.
To be certain, the Board’s actions with respect to my employment leave many issues which will need to be resolved in the coming weeks.
Most importantly, I am confident that the Town of Milton will survive. I have worked hard over the past seven (7) years to posture Milton for success into the future. I am hopeful, however, that the events leading up to tonight’s actions by the Board will be brought to light and addressed so that they will not be repeated.”
8. The Board discussed the Hendries property at 131 Eliot Street. Attorney Brian McDonough spoke on behalf of the owner (his client) and informed the Board that the owner had pulled a demolition permit. Mr. McDonough also alleged that according to the deed for the property, the Town was responsible for removing its portion of the building. He also alleged that the Town’s property was leaning on the owner’s property.
The Board discussed the use of the MASS Works grant for the demolition of the Town’s property. Mr. Hurley, acting as a representative for the Board, will schedule a meeting with the owner of the property and the Building Commissioner to discuss the issue.
9. The Board discussed the draft RFP for food concessions at the Ulin Rink. After discussion, J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to issue a Request for Proposals for a three year contract for food concession services at the Ulin Rink including a reasonable limit on food pricing and a response time of two weeks.
10. Robert C. Sweeney moved, Denis F. Keohane seconded and the Board voted unanimously to approve the appointments of Ryan Morrison, 423 Brookline Avenue, Boston, to the position of Seasonal Engineering Intern in the Department of Public Works, effective August 13, 2012 and Christopher Trudel, 165 Leahy Drive, Taunton, to the position of Seasonal Engineering Intern in the Department of Public Works effective September 10, 2012.
11. Denis F. Keohane moved, Robert C. Sweeney seconded and the Board voted unanimously to approve the appointment of Joseph A. Matterazzo, Jr. to the position of Electrician in the Consolidated Facilities Department, Level 8, Step 1, effective August 13, 2012, subject to Personnel Board approval and a successful pre-employment physical and background check.
12. J. Thomas Hurley moved, Robert C. Sweeney seconded and the Board voted unanimously to accept a grant in the amount of $53,846 from Curry College which represents Curry’s voluntary PILOT payment for the fiscal year commencing July 1, 2012.
13. J. Thomas Hurley moved, Robert C. Sweeney seconded and the Board voted unanimously to approve a contract between the Town and the Milton Professional Management Association for the period of July 1, 2011 through June 30, 2012.
14. J. Thomas Hurley moved, Robert C. Sweeney seconded and the Board voted unanimously to approve a contract between the Town and the Milton Police Association for the period of July 1, 2012 through June 30, 2013 which reflects a 2% increase in salary for that period and an additional vin Mearn leaves his position as Town Administrator until a new Town Administrator is appointed.
J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to increase Annemarie Fagan’s weekly salary by $480, for the period she serves as Interim Town Administrator for the town.
20. J. Thomas Hurley moved, Robert C. Sweeney seconded and the Board voted unanimously to adjourn at 9:50 p.m.
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