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HomeMy WebLinkAbout2017-02-27 Board of Selectmen Execute Session Minutes i BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES February 27, 2017 1 i i EXECUTIVE SESSION: The Executive Session convened at 6:30 p.m. ATTENDANCE: The following were present: Chairman, Richard Vaillancourt, Clerk, Rosemary Smedile, Phil DeCologero, Donald Stewart, Town Manager, Andrew Maylor, Assistant Town Manager, Ray Santilli, Town Counsel, Suzanne Egan, and Executive Assistant Laurie Burzlaff. M.G.L. Chapter 30A. §21(a)- reason#2 to conduct contract negotiations with nonunion personnel Town Counsel, Suzanne Egan, provided copies of the proposed revised contract for the Town Manager. Changes were made to Articles II, IV and IX. Donald Stewart made a MOTION, seconded by Phil DeCologero, to approve the contract between the Town and Town Manager Andrew Maylor. Roll call vote: Smedile-yes, DeCologero-yes, Stewart-yes, Vaillancourt yes. 1 ADJOURNMENT: Phil DeCologero made a MOTION, seconded by Donald Stewart, to move out of executive session and back into open session at 7:05 p.m. Roll call vote: Smedile-yes, DeCologero-yes, Stewart-yes, Vaillancourt-yes, i l Laurie A. Burzlaff Executive Assistant I' f, Rosemary Connelly Smedile, Clerk of the Board r. 5 i Documents used at meeting: Town Manager contract Salary information Allowance calculation i 1 Auto Allowance vs.Town Vehicle Current Gross bi-weekly 6,545.70 (A) Current Net biweekly 4,746.91 (B) % of Every Dollar that employee receives 73%.(A)div by(B) FOR EVERY$1 ©OLl AR OF INCOME EARNED TWIW NET RECEIVED lS$73 CANTS Gross car allowance 10,000.00 10,250.00 Year 2 Net car allowance 7,257,95 7,133 25' Year 1 Car Expenses Leasea ments 3,900.00 _. p y Note below Fuel-assuming 1,575.00 15k miles, 20 miles per and $2.15 Insurance 1,300.00 Excise 787.50 Maintenance 135.00. Vehicle expenses 7,697 50;; Net loss car vs allowance -445.55, Year 2 Car Expenses - Lease payments 3,900.00 Note below Fuel-assuming 1,575.00 Insurance 1,300.00 Excise 525.00 Maintenance 500.00 Vehicle expenses 7,800 00 Net loss car vs allowance Note: Payments of similar vehicle purchased (not leased) would be$6,000 annually ........................ TOWN MANAGER SALARY INFORMATION Auto Total Population Salary Allowance Other Compensation Year Reported Arlington 42,844 $204,000 $0. $24,000 (2) $228,000 FY17 Town vehicle Andover 32,000 $ 191,000 $6,000 $0 $ 197,000 FY17 Lexington 32,000 $ 184,184 $0 $8,000 (1) $ 192,184 FY17 Plus bu sines Franklin 32,000 $ 195,451 $0: $ 195,451 PY17 N.Andover 29,000 $170,175 $0: $o: $170,175 FY17 Town Vehicl Needham 29,000 $ 187,032 $0 $13,092 (1). $200,124 FY17: Danvers 25,000 $ 172,930 $57500 $2,882 (1) $ 181,312 FY17 Burlington 25,000 $ 184,142 $0. $ 184,142 FY16 Mansfield 23,000 $ 172,301 $6,000. $ 178,301 FY17 Acton 2.2,000 $ 167,625 $0 $8,000: (1) $ 175,625 FY16 Westford 22,000 $ 179,137 $3,600 $2,500 (1) $ 185,237 FY17 Lynnfield 11,500 $ 183,000 $3,600. $ 186,600 FY17 Average 25,682 180,634 186,014 (1) Deferred Compensation :(2) Housing Allowance A partial list of other communities that provide a town vehicle:North Reading,Arlington, Lowell,Cambridge,Hudson, Fairhaven, Millb An Employment Agreement Between The Town of North Andover And The Town Manager Andrew W. Maylor Preamble This AGREEMENT is made pursuant to M.G.L. Chapter 41, Section 108N as of December 16, 2015 by and between the Board of Sclecti-fien, hereinafter referred to as the `Board' of the Town of North Andover,Massachusetts, hereinafter referred to as the 'Town' and Andrew W. Maylor,hereinafter referred to as the 'Manager'; WHEREAS the Board, by a unanimous vote on October 24, 2011, appointed the Manager for an indefinite term pursuant to the provisions of the Town Charter; WHEREAS the Board and the Town Manager entered into an initial employment agreement the purpose of which was to define the terms of employment,benefits and compensation for the period of December 16,2011 to December 15, 2016; WHEREAS the employment agreement was modified by vote of the Board of Selectmen on September 9, 2013; WHEREAS the employment agreement was further modified by vote of the Board of Selectmen on December, 14, 2015; WHEREAS the Board and the Town Manager desire to enter into a new employment agreement that will replace and supersede the existing employment agreement as modified; Now in consideration of the promises contained, the parties hereto mutually agree as follows: Article 1: Functions and Duties of the Manager The Manager shall perform faithfully, the best of his ability, the functions and duties of the Town Manager as enumerated in the North Andover Town Charter. Article IT: Term This Agreement shall be in full force and effect from December 16, 2015 until December 15, -M20202 1. The Agreement shall be for a term of five years, subject to Article IX Article III: Vacation and Other Leaves A. Vacation: The Manager shall be granted twenty eight(28) days paid vacation leave on December 16, 2015 for the ensuing twelve month period and one additional day on each subsequent December 161h for the life of this AGREEMENT. Vacation carryover shall not exceed five days from year to year. Any days carried from one year to the next shall be used by April I't of the following calendar year or forfeited. The Manager may also at his sole discretion receive cash payment for Lip to ten days of accumulated, but unused, vacation leave per year. Said cash payment, if so elected, shall be payable in the first pay period of the calendar year following when the vacation leave was earned. B. Sick Disability: The Manager shall carry over all accumulated sick leave ftom.the previous, agreement and thereafter shall accrue sick leave pursuant to the provisions of the Town's personnel by-law and/or rules and regulations. The sick leave benefit shall be administered in conformance with the Town's personnel by law and/or rules and regulations. C. Other Leave: The Manager shall be afforded all other leaves, as detailed in the Town's personnel by-law and/or rules and regulations that do not conflict with any provision included in this agreement. In addition, attendance at conferences or other professional seminars shall not be deducted fi-om.the Manager's vacation leave. The Board may also grant other leave with or without compensation upon request by the Manager. Article IV: Other Benefits A. Automobilello __Awange: Ple- far-+i&&-by4he­M-anagpi:,- pay ATIEIR Tklaill*11,6110e3 vfahiele --'Me vehiehe dhe Cfrai ffn--(-44he,�_ -a-p gei,apv vvkh- gire Subw-etions 7-(e)- -",1h-k4e-usr@% 14ewever In :,i� 027JO1 '14.he Town shall pay the-T( ,ffi,�-,tiManager an Ve_FtJ I - _ �� automobile allowance of three hundred eighty five dollars ($385.00)per 1)�­weekly_pay period. Said allowance shall increase by 2.5% annually on,Ju. first o.f.. date ThC ' S t1le, st�all �Iotsgt,viyellle,, B. Insurance: Health Insurance will be provided in accordance with eligibility requirements, as provided under Town plans. In addition, the manager shall be provided with an allowance of up to fifteen hundred dollars ($3,000.00) for Life and Disability Insurance. C. Professional Membership, Development, Conferences: 1) The Board recognizes and encourages the Manager to join professional organizations that are typically affiliated with municipal government. The Town agrees to budget and pay for professional dues and subscriptions of the Manager for such organizations. The Town shall reimburse the Manager for all reasonable and proper expenses incurred while attending approved conferences. The Board also agrees that the Manager will be allowed to attend courses, institutes, and seminars that are necessary for his professional development and he will be reimbursed for any reasonable and proper expenses incurred while attending such events, subject to appropriation. 2) The maximum amount of money that the Town will pay per year for the total expenses associated with Section IV-C shall be four thousand dollars ($4,000.00) without the prior approval of the Board of Selectmen. Time away for meetings and conferences unrelated to Town business shall not exceed ten(10) days per year without the prior approval of the Board of Selectmen. D. Other: The Manager shall be afforded all other benefits, as detailed in the Town personnel by-law and/or rules and regulations that do not conflict with any provisions included in this agreement. Article V: Professional Liability A. To the extent allowed under G.L. c. 258,the Board agrees that it shall defend, hold harmless, and indemnify the Manager from any and all demands, claims, suits, actions, and legal proceedings brought against the Manager in his official capacity as Town Manager provided the incident arose while the Manger was acting within the scope of his employment and in good faith. Except that in no case will individual Board members be considered personally liable for indemnifying the Manager against such demands, claims, suits, actions, and legal proceedings. B. The Board shall not,however,be required to pay any costs of any legal proceedings in the case of any allegations brought by the Board under the removal provisions of this Agreement and/or Chapter 4, Section 9 of the Town Charter. Article VI: Renewal of Employment Agreement A. In the event either party hereto desires not to renew this agreement, such party shall provide the other with notice of such intention at least one hundred twenty (120) working days prior to the expiration of this agreement. In the event that the Board so elects not to renew this agreement,the Manager,shall be paid severance pay for either the period which the Manager remains unemployed as a town manager or three months,which ever is less,provided,however, that in the event this agreement is not renewed due to gross misconduct in office by the Manager, the Town shall have no obligation to pay the severance sum provided for in this paragraph. This article shall survive the termination of this agreement. Article VII: Manager Evaluation A. Annually the Board and Manager shall define the goals and objectives which they determine necessary for the proper operation of the Town and the attainment of the Board's policy objectives, and shall further establish a general priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be obtainable within the time limits specified and within the annual operating and capital budgets and appropriations provided by the Town and the events that have occurred during the year. B. The Board shall review and evaluate the Manager every year from the date of appointment. Said review and evaluation shall be based on the goals and objectives developed jointly by the Board and the Manager. Further,the Chair of the Board shall provide the Manager with a summary written statement of the evaluation findings of the Board and shall provide an adequate opportunity for the Manger to discuss his evaluation with the Board. Article VIII: Performance The Manager shall fulfill all aspects of this Agreement. Any exceptions thereto shall be by mutual agreement between the patties, in writing. Article IX: Termination of Employment A. Termination by the Manager: The Manager, may, at his, option and by a minimum of sixty (60) days written notice to the Board unilaterally terminate this agreement, The Board may, at its discretion, shorten or waive such requirement. B. Termination by the Board: As detailed in the Town Charter, Chapter Four, Section 9, the Board may, by the affirmative vote of at least three members, terminate this agreement and initiate the removal process. The salary of the Manger shall continue to be paid for a period of three hundred sixty (.'If(I)_i�g,2yLafter the vote effecting removal from office. This article shall survive the termination of this agreement, Article X: Compensation A. Salary: The Town shall pay the manager the following salary: 1) One hundred sixty six thousand and twenty six dollars ($166,026.00) annually commencing on December 16, 2015. 2) Commencing on July 1, 2016 and each subsequent July I"for the life of this AGREEMENT the Salary shall be increased by two and one-half(2 Y2) percent. 3) Fourth and Fifth Year: At least one hundred twenty(120) days prior to the third anniversary date of this AGREEMENT,the Board and the Manager shall meet to discuss additional increases to the Manager's Compensation, including but not limited to Salary, vacation buybacks, automobile allowance, deferred compensation, insurance and professional development. The Manager's Compensation shall not be reduced during the life of this agreement without his consent Article XII: General Provisions A. Expenses: The Manager shall be reimbursed for any expenses incurred in the performance of his duties or as an official representative of the Town, including attendance at civic or social events. B. Entire Agreement: This agreement embodies the whole agreement between the parties and there are no inducements,promises, terms, conditions, or obligations made or entered into by either party other than those contained herein. The Agreement may not be changed except by a writing signed by the parties. C. Invalidity: If any paragraph or part of this agreement is judged to be invalid, it shall not affect the remainder of said agreement, but said remainder shall be binding and effective against all parties. D. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and the terms of the Town Charter of the Town of North Andover. Agreed to by: North Andover Board of Selectmen Andrew W. Maylor 1, Andrew W. Maylor, hereby certify under pain and penalties of perjury pursuant to M.G.L. Chapter 62C, Section 49A that I have complied with all laws of the Commonwealth relating to taxes,reporting of employees and contractors, and withholding and remitting child support. Andrew W. Maylor