Town of Hanson, MA - Special Town Meeting

Special Town Meeting

Moderator Charles W. Mann called the meeting to order at 7:45 p.m. in the auditorium of Whitman-Hanson Regional High School with Edward Gronlund, Joseph O'Sullivan and Mildred O'Callaghan appointed and sworn in as tellers.

Town Counsel was Deborah Eliason of Kopelman and Paige.

The Pledge of Allegiance was recited by the Town Meeting.

Moderator Mann recognized the members of the 175th Anniversary Committee and thanked them for their contribution to the Town.

Hanson Postmaster, Robert Mahoney, presented the Town with a framed enlargement of the pictorial cancellation the Post Office is offering in conjunction with the Town's 175th Anniversary.

A quorum was declared present.

Declared a unanimous vote to waive the reading of the Warrant.

ARTICLE 1: To see if the Town will vote to raise and appropriate by taxation or transfer from available Free Cash the sum of $415.00 to pay an unpaid bill for a prior year or take any other action in relation thereto.

Proposed by the Board of Selectmen

Explanation: FY94 Bill for Fern Hill Cemetery.

Finance Committee recommends.

VOTED Aye, unanimous to raise and appropriate by taxation the sum of $415.00 to pay an unpaid bill for a prior year.

ARTICLE 2: To see if the Town will vote to amend the Personnel Classification and Compensation Bylaw, Article 2-12 of the General Bylaws, by taking the following actions:

Sec. 3E. The Board from time to time shall review all positions covered by the Plan, such review to be scheduled so as to cover all such positions annually. The Board shall from time to time review the salary schedules and job classifications. It shall keep informed as to pay rates and policies outside the service of the Town and shall recommend to the Town any action deemed desirable to maintain a fair and equitable pay level.

Change: from time to time To: annually

Sec. 3H. The Board shall maintain personnel records of all employees occupying positions subject to the Classification and Compensation Plans. Said records are to be kept in its custody. Departments shall provide such information as the Board may require.

Change: Board To: Personnel Officer

Sec. 4B. Upon receipt of a request for amendment, the Board shall within three weeks, hold a hearing thereon at which all interested persons shall be entitled to be present and be heard. Written notice of such hearing shall be given not less than three days preceding the date thereof, to the petitioner or petitioners and to heads of departments and employees affected.

Change: receipt of a To: written

SECTION 6. SALARY OR WAGE RATES ABOVE MAXIMUM

Any salary or wage rate that was in effect on or before acceptance of the By-law and which is above the maximum rate for the class to which the position has been allocated, shall be deemed a personal rate and shall apply only to the incumbent. When such incumbent leaves the employ of the Town, or is transferred to another position or a new maximum rate higher than the personal rate that was established, the personal shall be canceled. No other employee assigned to or hired for such position shall advance beyond the maximum rate of the compensation grade to which the class has been assigned.

Change: personal To: rate

Sec. 7 STEP RATE INCREASES

Sec. 7B. Upon effective date of amended Plan salary schedules, department heads are required to adjust their employees' pay rate to the appropriate pay step of the amended By-law salary schedule, step to step adjustment.

Delete: step to step adjustment

Sec. 7C. Any pay step adjustment, greater than specified herein, requires advance Wage and Personnel Board's approval.

Change: Board's To: Board

Sec. 7D. Departments heads are required to provide sufficient funds in their budgets for all step rate adjustments.

SEC. 8. NEW PERSONNEL AND/OR JOB CLASSIFICATION

The Town department heads are the recognized hiring agents for their departments, however, the Wage and Personnel Board shall review all personnel requisitions for approval prior to the act of hiring by the department head.

Change: personnel requisitions To: new personnel requests

Sec. 8C. Hiring Policy

Whenever possible, promotion or hiring shall be from within the Town department. When a job opening exists, the department head shall post a notice of the job opening on the Town Hall bulletin board for a period of two weeks. If there are no applicants, the department head shall advertise for the job vacancy in a newspaper having circulation within the Town. The advertisement shall describe the job, job grade and rate of pay, duties and minimum qualifications and where and when application may be made.

Insert: qualified (after - If there are no)

Sec. 8D. Probationary Period

The first three months of employment shall be a probationary period. During the probationary period, the department head shall notify the Personnel Board if the employee's performance and ability warrants continued employment. The department has the right to terminate unsatisfactory employees.

Insert: at any time (after - unsatisfactory employees)

Sec.8F Emergency Labor

The Town department heads may hire emergency labor as they may require. Such action shall be exempt from the provisions of paragraphs 8A through 8D of this section of the Plan. Employees in this category are to be compensated by funds in the Force Account Labor or from an account in the department head's budget.

Change: Plan To: By-law

Delete: Employees in this category are to be compensated by funds in the Force Account Labor or from an account in the department head's budget.

SECTION 9. POSITION RECLASSIFICATION

Delete: SECTION 9. POSITION RECLASSIFICATION

Sec. 9A. An employee promoted to a higher rated position shall enter the new position at the minimum pay rate. If the new position pay rate is equal to or less than the former pay rate they shall enter at a pay step above their present rate.

Sec. 9B. An employee transferred to a lower-rated position shall enter it at the rate in the position from which such employee is transferred. The salary or wage of such employee, however, shall be adjusted to the appropriate rate in the range for the new position within one year. An employee transferred to lower-rated position has the right of appeal to the Personnel Board, which shall confer with both the employee and the department head involved.

Sec.9C An employee may be terminated from employment by the employee's department head for just cause, provided that the department head has given the employee a written warning prior to termination. Upon completion of the warning period, the department may terminate the employee if adequate work performance improvement has not occurred.

Move: Sec. 9C. To: SECTION 8. NEW PERSONNEL AND/OR JOB CLASSIFICATION and number as 8G

SECTION 10. PAYROLL ACCOUNTING

Change all Section 10 identifiers to Section 9

Sec. 10A. Department heads are required to notify the Town Treasurer and Town Accountant of all pay rates and pay rate changes so that the appropriate payroll and accounting records may be made.

Change: Sec. 10A To: Sec.9A

Delete: and Insert: ,

Insert: and Executive Secretary (after - Town Accountant)

SECTION 11. WAGE CLASSIFICATION

Change all Section 11 identifiers to Section 10

SECTION 12. CLASSIFICATION OF POSITIONS

Change all Section 12 identifiers to Section 11

Sec. 12G. Call Firefighters/Officers (Non-emergency Compensation)

1. Call Fire Fighter (all grades) 360 yr.

2.. Call Lieutenant 390 yr.

3. Call Captain 420 yr.

Fixed for two (2) years; fiscal '91 and '92)

b. "In service" Program (Special Training, Preplanning, prevention, hydrants, stations, apparatus, meetings)

1. Call Firefighter All Grade 6.00 per hr.

2. Call Lieutenant 6.50 per hr.

3. Call Captain 7.00 per hr.

4. Call Deputy Chief 7.50 per hr.

Delete: entire Sec. 12G. Call Firefighters/Officers (Non-emergency Compensation)

Sec. 12H. All members of the Call Fire Department will be subject to all Rules and Regulations; Standard Operation Procedures; Department Policies as amended for fire department operations and formulated under M.G.L. Chapter 48, Section 42.

Change: Sec. 12H To: Sec. 11G

SECTION 13. FRINGE BENEFITS

Change all Section 13 identifiers to Section 12

Sec. 13B. Eligibility for Benefits

b. Employees classified as permanent part-time and working a regular schedule of 20 hours or more per week are eligible for fringe benefits provided in this section of the By-Law on a prorated basis.

Change: prorated To: pro-rata

Sec. 13C. Holiday Schedule

a. The recognized legal holidays under this By-law are:

New Years Day Labor Day

Martin Luther King Day Columbus Day

Presidents' Day Veterans Day

Patriot's Day Thanksgiving Day

Memorial Day The Day After Thanksgiving

Independence Day Christmas Day

d. Observance of holidays in the holiday schedule shall be in accordance with State statutes.

Delete: State statutes Insert: locally designated days (in its place)

Sec. 13D. Vacation Leave

Change: Section 13D To: Section 12D

d. An employee shall be granted an additional vacation day if, while on vacation leave, a designated paid holiday occurs.

Replace the entire section with: If a holiday occurs during an employee's vacation period, the holiday will be charged to holiday time and not as a vacation day.

h. Any department vacation leave schedule or plan which is in effect on or before acceptance of this plan and which is greater than that provided for in this section of the plan shall remain in effect for those employees involved for the duration of their employment in that department. No other employee assigned to or hired for that department shall be eligible for vacation leave other than that provided for in Section 13D, a of this plan.

Change: Section 13D To: Section 12D

Sec. 13E. Sick Leave

b. If the amount of sick leave accrued under Section 13E.b. of this By-law has been, or is about to be exhausted, an employee may make application for additional allowances to that provided under Section 13E.b. of this plan. Such application containing the approval of the employee's Department Head shall be made to the Personnel Board which is authorized to grant such additional allowances a it may determine to be equitable after reviewing all circumstances including the Department Head's recommendation, the employee's attendance and job performance record and length of continuous service with the Town. Consideration shall also be given as to what portion of the additional leave shall be granted total more than thirty (30) days. Any unused portion of additional sick leave granted shall not be credited to the employee's accumulated sick leave.

Change: Section 13E.b. To: Section 12E.b.

e. The Department Head is required to accurately record each employee's attendance; noting tardiness, vacation, holiday pay, illness and other absences. This shall be submitted to the Wage and Personnel Board on forms designated by them with a copy to be sent to the Town Accountant.

Delete: Town Accountant Insert: Executive Secretary

g. Injury, illness, or disability self-imposed, or resulting from the use of alcohol or drugs shall not be considered a proper claim for leave under this section.

Sec. 13J. Pay for overtime work.

c. Overtime provisions shall not apply to Town Department Heads.

Insert: under this By-law (after Department Heads)

All fulltime Town employees called back and required to work beyond their normal work schedule or shift will be compensated at one-and-one half times their normal rate of pay and will be guaranteed two hours minimum pay.

Insert: under this By-law (after-full time Town employees)

Sec. 14. Police Contract

Change all Section 14 identifiers to Section 13

All conditions of employment not specifically legislated by Chapter 31 of the Massachusetts General Laws, including classification, compensation and fringe benefits shall be defined in the terms of the contract between the Hanson Police Club/I.B.P.O. #467 and Hanson Board of Selectmen in accordance with the authority of Chapter 149 of the General Laws.

Delete: Club/I.B.P.O. #467

Sec. 15. Fire Department Contract

Change all Section 15 identifiers to Section 14

Sec. 16. Public Works Division Contract

Change all Section 16 identifiers to Section 15

or take any other action in relation thereto.

Proposed by the Wage and Personnel Board

Finance Committee refers to Town Meeting.

VOTED Aye, to amend the Personnel Classification and Compensation Bylaw, Article 2-12 of the General Bylaws as printed in the warrant with the following additional changes:

Change Sec 14 Police Contract reference " Chapter 149 of the General Laws" to "Chapter 150E of the General Laws" and

Sec. 13.E. - Sick Leave

Change the sub heading from "b." to "c."

Sub Section i. Change the reference in the text from "13.G." to "12.G."

Sub Section j. Change the reference in the text from "13.E.c."

ARTICLE 3: To see if the Town will vote to amend the Personnel Classification and Compensation Bylaws, Article 2-12, by deleting Section 2B and inserting in its place the following:

Sec.2B The Personnel Board shall consist of three (3) unpaid members who shall not be employees or paid elected officials of the Town. The members of the Personnel Board shall be appointed by the Town Moderator. One position to be appointed for one (1) year, one position to be appointed for two (2) years, one position to be appointed for three (3) years; and thereafter appointments to be for three year terms.

or take any other action in relation thereto.

Proposed by the Board of Selectmen

Finance Committee refers to Town Meeting.

VOTED Aye, unanimous to amend the Personnel Classification and Compensation Bylaws, Article 2-12, by deleting Section 2B and inserting in its place the following:

ARTICLE 4: To see if the Town will vote to amend the Personnel Classification and Compensation Bylaw, Article 2-12, Section 12B, Part-time administrative Positions, as follows:

a. Inspector of Buildings delete under 7/1/95 13.47 to 14.43 per hour

and in its place insert 15.00 to 20.00 per hour.

and under 12C, Other Part-time Position,

g. Sealer of Weights and Measures delete under 7/1/95 440.00 to 472.00 per year and insert 1,000.00.

or take any other action in relation thereto.

Proposed by the Wage and Personnel Board

Finance Committee recommends.

VOTED Aye, voice to amend the Personnel Classification and Compensation Bylaw, Article 2-12, Section 12B, Part-time administrative Positions, as follows:

a. Inspector of Buildings delete under 7/1/95 "13.47 to 14.43 per hour" and in its place insert "15.00 to 20.00 per hour" to take effect 7/1/96

and under 12C, Other Part-time Position,

g. Sealer of Weights and Measures delete under 7/1/95 "440.00 to 472.00 per year" and insert "1,000.00" to take effect 10/5/95.

ARTICLE 5: To see if the Town will vote to raise and appropriate or transfer from free cash the sum of $1000.00 to be added to line 57, Building Inspector Wages and of the May 1995 Annual Town Meeting or take any other action in relation thereto.

Proposed by the Board of Selectmen

Finance Committee recommends to Pass Over.

VOTED Aye, voice to Pass Over.

ARTICLE 6: To see if the Town will vote to raise and appropriate or transfer from free cash the sum of $528.00 to be added to line 64, Sealer of Weights and Measures Wages of the May 1995 Annual Town Meeting or take any other action in relation thereto.

Proposed by the Board of Selectmen

Finance Committee recommends.

VOTED Aye, unanimous to raise and appropriate $528.00 to be added to line 64, Sealer of Weights and Measures Wages of the May 1995 Annual Town Meeting.

ARTICLE 7: To see if the Town will vote to raise and appropriate or transfer from free cash the sum of $600.00 to be added to line 59, Building Inspector Expenses of the May 1995 Annual Town Meeting or take any other action in relation thereto.

Proposed by the Inspector of Buildings

Finance Committee recommends to Pass Over.

VOTED Aye, uanimous to Pass Over.

ARTICLE 8: To see if the Town will vote to transfer the sum of $10,000 from the May 1995 Annual Town Meeting, Article 5, Line 102A, Firefighters Training, to Article 3 of the Special Town Meeting, October 2, 1995 or take any other action in relation thereto.

Proposed by the Fire Chief

Explanation: This appropriation allows two new firefighters to attend recruit classes at the Massachusetts Firefighting Academy, and to become certified at Firefighter Level II. Due to a long waiting list of communities wishing to enter new hired firefighters in these classes; it is uncertain that they will be allowed to attend during this fiscal year. By approving this transfer from a fiscal budget to an article, the funding will carry over and be available whenever the Town is notified to enter our new firefighters in the first available class.

Finance Committee recommends.

VOTED Aye, unanimous as printed in the Warrant

ARTICLE 9: To see if the Town will vote to appropriate and raise by taxation, transfer from free cash, or transfer from Stabilization Fund, the sum of $17,000 to be added to the 1995 Annual Town Meeting, Article 5, Line 97, Police Other Wages for the DARE Officer for the Town of Hanson or take any other action in relation thereto.

Proposed by the Police Chief and

Whitman Hanson Regional School Committee

Finance Committee recommends.

VOTED Aye, unanimous to appropriate and raise by taxation the sum of $17,000 to be added to the 1995 Annual Town Meeting, Article 5, line 97, Police Other Wages for the DARE Officer for the Town of Hanson.

ARTICLE 10: To see if the Town will vote to appropiate and raise by taxation, or transfer from available free cash, or transfer from Article 5, Line 74 Disposal Area Operations, the sum of $ 34,672.50 for the purpose of reimbursing residents 25% of the transfer station sticker fee paid for the period October 1, 194 through September 30, 1995. Reimbursement checks will be mailed by the Treasurer/Collector within three months of the expiration of this meeting, or take any other action in relation thereto.

Proposed by Arthur Brasill and others

Finance Committee does not recommend.

VOTED Aye, voice to transfer from available Free Cash the sum of $34,672.50 for the purpose of reimbursing residents 25% of the transfer station sticker fee paid for the period October 1, 1994 through September 30, 1995. Reimbursement checks will be mailed by the office of the Treasurer/Collector within three months of the expiration date of this meeting.

ARTICLE 11: To see if the Town will vote to raise and appropriate, transfer from available free cash, or transfer from stabilization a sum of money to Article 5, line 8, Unemployment, of the May 1995 Annual Town Meeting or take any other action in relation thereto.

Proposed by the Treasurer/Collector

Finance Committee recommends.

VOTED Aye, voice to raise and appropriate by taxation the sum of $4,000 to be added to Article 5, line 8, Unemployment, of the May 1995 Annual Town Meeting.

ARTICLE 12: To see if the Town will vote to raise and appropriate or transfer from Free Cash the sum of $2,732 to be added to the May 1995 Annual Town Meeting, Article 5, line 30, Selectmen Clerical Wages for the purpose of funding the Assistant Town Clerk's position for an additional seven (7) hours per week or take any other action in relation thereto.

Proposed by the Town Clerk

Finance Committee does not recommend.

VOTED Aye 45, Nay 58 to raise and appropriate by taxation the sum of $2,732 to be added to the May 1995 Annual Town Meeting, Article 5, line 30, Selectmens Clerical Wages for the purpose of funding the Assistant Town Clerk's position for an additional seven (7)hours per week.

ARTICLE 13: To see if the Town will vote to appropriate and raise by taxation, transfer from Free Cash, or transfer from Stabilization Fund, the sum of $40,471 for non-mandated busing for the Town of Hanson.

Proposed by the Whitman-Hanson Regional School Committee

Finance Committee recommends.

VOTED Aye, voice to appropriate and raise by taxation the sum of $40,471 for non-mandated busing for the Town of Hanson.

ARTICLE 14: To see if the Town will vote to transfer from the February 13, 1988 Special Town Meeting Article 14, Mapping, the sum of $4500.00 to purchase computer equipment for the Assessors Office or take any other action in relation thereto.

Proposed by the Board of Assessors

Explanation: This is allowed by Massachusetts General Law Chapter 44, Section 20. Both projects have the same time period of ten years.

Mapping, Chapter 44, Section 7, Paragraph 18

Computer, Chapter 44, Section 7, Paragraph 28

Finance Committee recommends.

VOTED Aye, unanimous to transfer from the February 13, 1988 Special Town Meeting Article 14, Mapping, the sum of $4,500 to purchase computer equipment for the Assessors Office.

ARTICLE 15: To see if the Town will vote to raise and appropriate by taxation, transfer from free cash, transfer from Overlay Reserve, transfer from Stabilization, or transfer from available funds, the sum of $5,000 for the purpose of conducting and completing the survey of historic properties in the Town of Hanson under the guidelines required by the Massachusetts Historic Commission. Upon completion of the survey and receipt of approved and reserved grant monies, all funds appropriated by the Town Meeting shall be returned to the General Fund, or take any action in relation thereto.

Proposed by the Hanson Historical Commission

Finance Committee recommends.

VOTED Aye, voice to raise and appropriate by taxation the sum of $5,000 for the purpose of conducting and completing the survey of historic properties in the Town of Hanson under the guidelines required by the Massachusetts Historic Commission. Upon completion of the survey and receipt of approved and reserved grant monies, all funds appropriated by the Town Meeting shall be returned to the General Fund.

ARTICLE 16: To see if the Town will vote to authorize the Board of Selectmen to negotiate the sale of one of two lots of land owned by the Town with the Habitat for Humanity or take any other action in relation thereto.

Proposed by the Board of Selectmen

Finance Committee refers to Town Meeting.

VOTED Aye, voice to transfer the care, custody and control of two lots of land as shown on the Assessors map; Lot 1090 Map 1, Cedar St +- 14,400 sq. ft. and Lot 128/131 Map 2, Boston Ave +- 12,000 sq. ft, to the Board of Selectmen for the purpose of conveying one of the lots to the Habitat for Humanity upon such terms and conditions as the Board of Selectmen shall determine to be appropriate.

ARTICLE 17: To see if the Town will vote to transfer from Article 24 of the May 3rd, 1994 Annual Town Meeting, the sum of $40,000 and a sum of money from the Water Surplus Account for the purpose of installing a sleeve under the railroad track on Route 27 (Main Street) and extending the water main along Route 27 or take any other action in relation thereto.

Proposed by the Board of Water Commissioners

Finance Committee recommends.

VOTED Aye, voice to transfer from Article 24 of the May 3, 1994 Annual Town Meeting the sum of $40,000.00 for the purpose of installing a sleeve under the railroad track on Route 27, Main Street and extending the water main along Route 27 as needed.

ARTICLE 18: To see if the Town will voter to transfer a sum of money from Water Surplus to lease purchase or purchase a water service truck with a trade-in of a 1992 Ford Crown Victoria or take any other action in relation thereto.

Proposed by the Board of Water Commissioners

VOTED Aye, voice to transfer the sum of $23,000 from Article 5, line 117, Water Expenses, of the May 1995 Annual Town Meeting to lease purchase a water service truck.

ARTICLE 19: To see if the Town will vote to transfer a sum of money from the Water Surplus Account to continue water exploration in various sites throughout the Town or take any other action in relation thereto.

Proposed by the Board of Water Commissioners