..

; In Board of Selectmen January 17, 2006

Page 13 of21 EXECUTIVE SESSION

Associate Town Counsel George Driscoll appeared before the Board requesting the following Settlement Authorization for the case Sharton v. Town of Brookine:

On February 2, 2002, was operating her Toyota Echo north

on the VFW Parkway in the passing a break in the the car in front

, suddenly stopped to make a left turn. m ehind by a police cruiser operated by Lt. urke,

rted to the hospital by ambulance. She was treated for

Within weeks she developed .arnbulance, Radio logic

Since then she has had

"'.aJ .... " that

She is currently taking

On December 19, 2005, an orthopedic surgeon hired by the Town examined reviewed her medical records. Dr. Lemke confirmed

160 in medical bills; She claims

from February 13 to May: was absent from her job as a

tionist 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.

In Board of Selectmen January 31, 2006

Page 8 of24

EXECUTNE SESSION

has moved to involuntarily retire Officer Retirement Board

has approved the Town's application for an accid disability retirement. It is

expected that_retirement will be effective in February.

has paid approximately $15, 311.19 in

medical bills incurred. Under G.L. c. 41 s. lUF, the Town has

paid $61,168.22 Inwages through the end ·of2005. It ls . nyu'ln"

that Town pay an additional $3,424.59 in wages

her projected retirement date of February 16,2006. Tile

. _.. brought a negligence claim against the driver of the car that

gtruc~ Insurance has communicated a settlement offer t~ _Attorney. 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 & lUF.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

will 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 provid with additional compensation.

or for that matter, any type of ga employment a

maybe there can be some accommodation between her attorneys

In Board of Selectmen January 3 1, 2006 Page 9 of24

recommendation and Town Counsel's recommendation, to reduce the settlement amount.

Selectman Daly stated that with e Town will pay.

retirement for many years. She stated that she is un rtable 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 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.

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 of28

EXECUTIVE SESSION

was traveling on a ehind by another car.

diagnosed as ing fro

She has never returned to work on a full time neurologist determined that she has persistent deficits and is unable to work fulltime 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 tha_retirement will be effective the February.

Under G.L. c. 41, s. 100, the Town has paid approximately $15, 311.19 in incurred b~ Under G.L. c. 41 s. ll1F, the !own has 1,168.22 in wages through the end of 2005. It is anticipated

that the Town pay an additional $3424.59 in wages through

her projected retirement date of February 16, 2006. The total lien ,904.00

brought 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 $250,000. The Town is entitled to recover the payments that it has made under G.L. c. 41, ss. 100 & ll1F., 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 amo

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.

In Board of Selectman February 7,2006

Page 5 of28

EXECUTIVE SESSION (CONT'D)

will receive $50,000 per year tax free, and with a life expectancy of 40 years, the payout from the Town would approximately 2 million dollars. The Town would also provide any accident related medical expenses incurred b~

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.

Jtr

In Board of Selectmen February 14, 2006 Page 4 of32

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 ofthe 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"

Less Amount paid by Brookline to settle Harvard Street claims Net amount due Contractor from Town of Brookline

$14,896.39 ($2,217.40) $12l()78.99

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. SW07 (Sidewalk Funds)

Acct. No. 4998WS03 6H0026 (Street/Sidewalk Rehabilitaion)

$10,059.75 $ 2,619.24

On motion, it was unanimously,

VOTED: To authorize Town Counsel to settle the above claim, for $12,678.99.

In Board of Selectmen April 4, 2006

Page 15 of35 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.

In Board of Selectmen May 9,2006

Page 23 of32 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.

has been employed as a laborer by 'the Department of

Public SInce 1994. February 9,2004, while

prying open a trailer hitch. He has been out of ..

After conducting an J1v[E in 2005, the Town's designated physician found that him __ from returning to his job as alaborer. The

Town's phys . s.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 ideritified a limited range of relatively low-

paying jobs that could perform within his and with

-his known skills.

On the ground had some earning capacity, the Town has

moved to modify workers' COni benefits. The Town's

modification claim 1S p In the lied for and

received an accidental disability retirement. receives a

pension, the Town is still obligated to continue paying workers' compensation wage benefits as an offset to his retirement benefits.

The Town's remaining exposure on claim is approximately

$20,000 in Section 34 benefits (temporary total incapacity) and an additional $79,000 in Section 35 benefits (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 at

this time. Even if the Department of Industrial Accidents .uu'uu."".:l benefits to partial incapacity benefits, it is likely that the Town's exposure will be no less

that $79,000. I have negotiated a settlement of 5,000 that will redeem the

Town's liability to pay wage benefits It is my opinion that this is a

good settlement for the Town.

+

In Board of Selectmen May 9,2006

Page 24 of32 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.

Attorney 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-MobiIe) have been denied by the Zoning Board of Appeals. Both companies took separate appeals to the Federal Court.

T-MobiJe 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 RFP 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 RFP 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.

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 5th 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 to bid for what is called the fifth floor of the revised plan. In addition the Town has $625K 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 a,nywhere from $1 to $2 million dollars depending on how much

In Board of Selectmen June 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 5th floor. If the Developer does not get the funding to remove the 5th floor and take off 7 market rate units, POUA will pay the Fiensteins $50,000 to cover the design cost to remove the 5th floor, which will come out of the develope~ 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 update, 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 arid 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 3.2

EXECUTIVE SESSION

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 of35

EXECUTIVE SESSION

- •• __ r~.'''''':

St. Aidan's

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 CA. 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 of35

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 Proj ect, 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.

5th Floor: There is a request to revise 7 units on the 5th floor of Building D. The developer is required to seek outside funding to remove 7 moderate units at 80% to buildings Band 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.

If 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 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 gave 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,

r

In Board of Selectmen 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.

Litigation

Associate Town Counsel George Driscoll updated the Board on a letter he addressed to the lVlBTA 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

cases.

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 BeveragewiII surrender its license by June 22nd 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.

In Board of Selectmen January 16, 2007

Page 11 of20

EXECUTIVE SESSION

Litigation

Associate Town Counsel George Driscoll briefed the Board on pending litigation on Rosenthal and Rastan vs. Town of Brookline. He presented his case and discussed the possible.

There was no vote on this item.

~ ~ - .. ~ ... --- .... , ~ -

---

In Board of Selectmen January 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 left the meeting.

In Board of Selectmen February 6, 2007

Page 6 of 13 EXECUTIVE SESSION

Litigation

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 of24

EXECUTIvE SESSION

Town Counsel Jennifer Dopazo requested authorization to settle the following cases.

Rosenthal, et. aI. 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 vs. 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 NEBH for not less than $30,000.

On motion, it was unanimously,

VOTED: 4-0 To reconvene in Open Session.

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 of22

COLLECTIVE BARGAlING

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 of26

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 of33

EXECUTIVE SESSION

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 of23

EXECUTIVE SESSION

LEGAL SETTLEMENT

Associate Town Counsel George Driscoll appeared to discuss strategy relative to litigation.

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 AlJen abstained - to reconvene in Public Session

In Board of Selectmen May 22,2007

Page 8 of23

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 PEe. 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.

I r

In Board of Selectmen June 26, 2007

Page 16 of28

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 CrosslBlue 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 of28

NOW, THEREFORE, the parties agree that, upon acceptance ofM.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 to 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 subj ect 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. If the 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 reopener language, unless otherwise negotiated by the parties.

3. Composition of and Approval by the PEe. 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 all active and retired subscribers for whom health and dental

In Board of Selectmen June 26, 2007

Page 18 of28

6. insurance coverage is being purchased and shall supersede any conflicting provisions of all collective bargaining agreements or Town policies and is not

7. subject to supersedence in any statutory impasse proceedings pursuant to Chapter IS0E 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.

8. 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.

9. 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. In the absence of a successor agreement this Agreement shall remain in effect subj ect to the provisions of Section 19.

10. Signatories. The signatories are authorized to bind their principals.

On motion, it was unanimously,

VOTED: To reconvene in open session.

In Board of Selectmen August 7, 2007

Page 4 of 14 EXECUTIVE SESSION

Special Labor Counsel Liz Valerio, Human Resource Director Sandra DeBo·w and Commissioner To DeMaio were also present.

Attorney Valerio updated the Board on current conversations with the ASFME 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 again. An agreement was reached which includes the contract balance and extra work items.

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 liability.

In Board of Selectmen January 8, 2008

Page 4 of22 .

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 case involves zoning on a Brook Street property. The owners of the property have been cooperating with officials andwithin the By-laws. Town Counsel feels that there may not be a need for this case to move forward.

On motion, it was unanimously,

VOTED: To reconvene in open session.

In Board of Selectmen January 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.

LITIGATION

Town Counsel Jennifer DopazocSpecial 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

There was no vote on this matter.

On motion, it was unanimously,

VOTED: 5-0 to reconvene in Open Session.

In Board of Selectmen January 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 $SOk.

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 $SOk. 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. v. 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. c. 31 s. 41.

te

~ " - J!: J. !:~ .

- ~ ... --

February 26, 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 950 I.A.F.F. Firefighters. This agreement has not been ratified; there is no vote at this time.

Litigation

Assistant Human Resource Director LesleaNoble 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 of

a School Building Custodian out on The initial settlement

from the employees counsel was $95k,

On motion, it was unanimously, 5-0

VOTED: To authorize outside Counsel to settle the workers compensation

claim up to $45k.

Litigation

The Human Resource office seeks a to offer a settlement of $5k in the

. seeking benefits for

rassment and hostile work ' own 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.

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

VOTED: to reconvene in Open Session

..

In Board of Selectmen March 18,2008

Page 4 of29

. . 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

VOTED: Favorable Action on the Firefighter's contract.

Ms. DeBow then updated the Board on a resident that had been removed

from her home and diagnosed with_The 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

. I

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

July 15,2008

EXECUTIVE SESSION

Litigation

Present: Human Resource Director Sandra DeBow, Labor Counsel Liz Valerio, Town Counsel Jennifer Dopazo, and Chief O'Leary.

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 behalf 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.

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 C case. A former

He has been diagnosed with was denied, and then submitted to the Department of Industri

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 GIC.

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 September 23,2008 '

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 Brookline and The Brookline Police Union, Local 1959 dated September 8, 2008. Subject to Union ratification.

On inotion, 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.

Discussion with Chief Skerry

Present: Chief Skerry, and Sandra DeBow Human Resources Director

On motion, it was unanimously,

VOTED: To 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 Page40f54 EXECUTIVE SESSION

Worker's Compensation

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,

. . cheol.custedian who injured_ on September 5,

The Town . •.. .•. for this injm:y,and"wa.splaced on worker's

cleared to return to work, and on the day ·of. ... . .

This claim was denied .. 00:_ second return to work .onth~t "day as well:. ru became. one ch~im iovo udge awarded .·pa;rdal compensation for a closed

p 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 replit:~ that t~is .i~· highly un~mpI~yee.has.agreed to settle the case for $20k, without Iiability for the _ This represents signfficant 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) Favorable Action on the workers compensation settleinent o~ in the ~mount of $20k.

Selectman Allen arrived Selectman Benka arrived

Litigation

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 against 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.

of the case in the amount of $5,00.00.

In Board of Selectmen 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.

Litigation

; ~ ..

ToJn c\l~~;i/JenlliJer Dopazo outlined a daiin involving the incinerator stac~ at the tr.ansfdi*station} The contracto.r, ;'fe~t Corpora~i~n destroyed the.. . Town's electric tran'Sformer 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\-ecommlnded 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 iIi 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 out a 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.

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