Chairman Mauceri called the meeting to order at 7:30 p.m. in Room 14 at Town Hall in the presence of members Mr. Veno, Mr. Dardeno, Mr. O’Leary, Mrs. Bailey and Town Administrator Greg Balukonis.
1. MINUTES: DECEMBER 16, 2005 SPECIAL MEETING
DECEMBER 19, 2005 REGULAR AND EXECUTIVE SESSION
MR. CHAIRMAN, I MR. VENO MOVE TO APPROVE THE DECEMBER 16, 2005 SPECIAL MEETING MINUTES AS WRITTEN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
MR. CHAIRMAN, I MR. VENO MOVE TO APPROVE THE DECEMBER 19, 2005 EXECUTIVE SESSION MINUTES AS WRITTEN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
MR. CHAIRMAN, I MR. VENO MOVE TO APPROVE THE DECEMBER 19, 2005 REGULAR SESSION MINUTES AS WRITTEN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
2. CORRESPONDENCE
Correspondence was requested by Mr. Dardeno.
3. PUBLIC COMMENT
None.
4. APPOINTMENTS/RE-APPOINTMENTS
Conservation Commission
Mr. O’Leary noted that it was discovered that one more term needed to be filled on the Conservation Commission.
MR. CHAIRMAN, I MR. O’LEARY MOVE TO PLACE IN NOMINATION THE FOLLOWING NAMES FOR APPOINTMENT/RE-APPOINTMENT AS A MEMBER TO THE CONSERVATION COMMISSION FOR TERMS TO EXPIRE DECEMBER 31, 2006:
KATHLEEN LEGERE, 101 CHESTNUT ST.
JONATHAN CODY, 57 SPRUCE RD.
WILLIAM REED, 17 GRANDVIEW ROAD
STEPHEN DICICCO, 10 MARBLEHEAD ST.
SECONDED BY: MR. VENO
Discussion: Mr. O’Leary recommended Kathleen Legere. Mr. Dardeno stated that he also supports Ms. Legere as well as Mr. Reed. Mr. Dardeno went on to say that Mr. Reed should be given another opportunity to serve in the future, that he has “paid the price” for his actions and continues to show his desire to serve on the commission. Mrs. Bailey and Mr. Mauceri supported Mr. Dardeno’s statement.
VOTED:
MR. MAUCERI: KATHLEEN LEGERE
MR. O’LEARY: KATHLEEN LEGERE
MR. DARDENO: KATHLEEN LEGERE
MR. VENO: KATHLEEN LEGERE
MRS. BAILEY: KATHLEEN LEGERE
Housing Partnership
MR. CHAIRMAN, I MR. O’LEARY MOVE TO PLACE IN NOMINATION THE FOLLOWING NAME FOR APPOINTMENT/REAPPOINTMENT AS A MEMBER TO THE HOUSING PARTNERSHIP FOR TERM TO EXPIRE DECEMBER 31, 2008:
DANIEL SOLOMON, 72 MARBLEHEAD STREET
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
5. LEGAL BILLS FOR NOVEMBER 2005
MR. CHAIRMAN, I MR. VENO MOVE TO APPROVE LEGAL BILLS FOR NOVEMBER 2005 IN THE AMOUNT OF $10,525.60 AS FOLLOWS:
KOPELMAN AND PAIGE, P.C. (GENERAL) $ 5,643.45
KOPELMAN AND PAIGE, P.C. (LABOR) 1,508.00
KOPELMAN AND PAIGE, P.C. (WATER) _3,374.15
TOTAL $10,525.60
SECONDED BY: MR. O’LEARY
Discussion: Mrs. Bailey stated that although it looks as if the legal account is in deficit, it is not because of the water department transfers. Mrs. Bailey asked Mr. Balukonis if the Board could see those transfers. Mr. Mauceri asked if the legal bills associated with the pending Verizon agreement could be “tacked” onto the Verizon contract. Mr. Dardeno said that he would bring it up for discussion with the Cable Committee.
VOTED: UNANIMOUS (5-0)
7. APPROVE AMBULANCE RATE INCREASE
Mr. Balukonis referred to a December 14, 2005 memo from Mr. David Harlow, Acting Fire Chief, regarding Ambulance Rate Increases. The board reviewed Mr. Harlow’s memo. Mr. Mauceri asked about the large increase in the line item entitled Advanced Life Support-2. Mr. Balukonis did not know the particulars of the increase. Deputy Chief Harris informed the board that that is the allowable rate from Medicare. After further discussion, the board decided to approve the ambulance rate increase but asked Mr. Balukonis to clarify the figures.
MR. CHAIRMAN, I MR. VENO MOVE TO APPROVE THE AMBULANCE RATE INCREASE, BASED UPON THE MEDICARE COST OF LIVING INCREASES, AS RECOMMENDED BY THE FIRE CHIEF.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
6. 8:00 PM – SHOW CAUSE HEARING –KIPPY’S
Ms. Andrea Nguyen, Detective Tom Romeo and Chief Purnell were present. Mr. Mauceri read into the record the Public Hearing notice issued to Ms. Nguyen and Kippy’s Liquors. Ms. Nguyen admitted that she did not check the identification of an underage customer, and asked the board if she could pay a fine in lieu of having her liquor license suspended. Ms. Nguyen further mentioned that she has sold the store and that a condition of the purchase and sale requires that she keep the license in good standing.
Detective Romeo provided details of the incident which took place on November 23, 2005. Mrs. Bailey stated that the board did not have the authority to impose a fine but that if the board suspends the license, Ms. Nguyen could appeal to the ABCC to pay a fine instead. The history of the license was discussed. Due to the Police Department’s zero tolerance policy and the board’s desire to send a strong message to local establishments, the board decided to impose a three day suspension of the liquor license.
MR. CHAIRMAN, I MR. O’LEARY MOVE TO SUSPEND FOR THREE DAYS ON FEBRUARY 3 – 5 THE PACKAGE STORE/ALL ALCOHOL LICENSE OF KIPPY’S LIQUORS, 265 MAIN STREET.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Mr. Balukonis noted that he had not yet received a request for transfer of the liquor license and asked Ms. Nguyen to have her attorney contact the Town Administrator’s office.
8. SIGN MASS HOUSING PDF GRANT
Mr. Mauceri read into the record a letter from the Department of Housing and Community Development and MassHousing which states that the town has been awarded $27,950.00 to use towards developing a new smart growth zoning district under the provisions of M.G.L. Chapter 40R for the J. T. Berry Center property.
MR. CHAIRMAN, I MR. VENO MOVE TO SIGN THE TECHNICAL ASSISTANCE PROGRAM CONTRACT BETWEEN THE TOWN OF NORTH READING AND MASSACHUSETTS HOUSING FINANCE AGENCY.
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
Mr. O’Leary noted that Town Planner Heidi Griffin had done an excellent job in securing this grant for the town.
9. FIRE CHIEF APPOINTMENT PROCESS
Mr. Balukonis opened up the discussion by stating that he did not have to call for the Civil Service Exam over the holidays. Mr. Balukonis also informed the Board that he had spoke with legal counsel and learned that the union contract does not compel the town to follow a certain protocol when hiring a Fire Chief.
Mr. Mauceri asked Mr. Balukonis if he had a recommendation on how the town should proceed with the selection process. Mr. Balukonis suggested that the Board look at what is known as Option C, which calls for a simultaneous closed and open Civil Service Exam, as well as a “post list” assessment center.
Mr. Dardeno said that he favors opening the exam to the next lower rank under Fire Chief, which would be Captain, and then to conduct the assessment center on those Captains who pass the exam. Mr. Dardeno was not in favor of an open test.
Mrs. Bailey stated that she favors Option C, which would open the exam to the North Reading Fire Captains, and that if at least three of the Captains pass the exam, the new Fire Chief would come from North Reading. If less than three pass, there is still a very good probability that the next Fire Chief would come from within.
Mr. O’Leary stated that Option C provides the best opportunity for in-house firefighters to move up in rank. It allows the town the opportunity to look within the town’s fire department first and that hopefully three Captains will pass the exam so that the new Fire Chief would come from town.
Mr. Veno stated that he favors an in-house exam only, open to Captain’s rank, as well as an assessment center.
Mr. Mauceri said that he favors Option C and would like to see an in-house Captain become the next Fire Chief. Mr. Mauceri went on to say that in order for an in-house test to be called, all four captains need to take the exam.
The Board continued to discuss the options. Mr. O’Leary stated that the board wants the next Fire Chief to come from within, but that they have no control if all four Captains sign up to take the exam. Mr. O’Leary said that if Option A (in-house exam) is chosen, there is the possibility that the town will have to wait an entire eighteen months to fill the position.
Mr. Jimmy Cuticchia, Fourth District Vice President of the Professional Firefighters of Massachusetts, stated that the town is taking a risk by opening up the exam. Mr. Cuticchia asked the board to consider opening the test up to North Reading firefighters only, stating that the small size of the department provides limited career advancement. With regards to waiting another eighteen months to fill the position, Mr. Cuticchia stated that the position is currently and effectively being covered by the department.
Mrs. Bailey asked Mr. Balukonis if the exam can be opened to just the North Reading captains. Mr. Balukonis answered affirmatively. Captain Warnock disagreed, stating that an open exam is open to any firefighter with at least one year of service. Mr. Mauceri felt that this topic needed to be clarified before a decision was made.
8:55 PM – 9:05 PM RECESS
Mr. Mauceri presented recent entrance requirements for the position of Fire Chief in the towns of Abington and Natick. Mrs. Bailey indicated that the town can set the managerial and education requirements it wants for the Chief’s position.
Captain Galvin questioned the expense of an assessment center if it is the board’s intention to hire from within. Mr. Mauceri informed him that that is still a topic of consideration.
Mr. Mauceri queried the board for their decision. Mrs. Bailey stated that she supports Option C with requirements similar to the towns of Natick and Abington, and that she hopes that all four captains sign up to take the exam. Mr. Veno stated that he supports Option A, with a closed test to North Reading only. Mr. O’Leary and Mr. Mauceri chose Option C.
MR. CHAIRMAN, I MR. O’LEARY MOVE THAT THE BOARD INSTRUCT THE TOWN ADMINISTRATOR TO CALL FOR A CIVIL SERVICE EXAM IN ORDER TO FILL THE FIRE CHIEF POSITION UNDER WHAT WE KNOW AS “OPTION C” AND THAT A POST-LIST ASSESSMENT CENTER BE CONDUCTED BY THE TOWN ADMINISTRATOR BEFORE A FINAL DECISION IS MADE.
SECONED BY: MRS. BAILEY
VOTED: 3 – 2
(MR. VENO AND MR. DARDENO OPPOSED)
The Board next discussed the position of Deputy Chief. Mr. Balukonis stated that the town should encourage promotion from within for the Deputy Chief’s position. Mrs. Bailey stated that she would choose Option A for the Deputy Chief positions and the board concurred.
MR. CHAIRMAN, I MR. O’LEARY MOVE TO INSTRUCT THE TOWN ADMINISTRATOR TO CALL FOR A CIVIL SERVICE EXAM IN ORDER TO FILL THE DEPUTY FIRE CHIEF POSITIONS UNDER WHAT IS KNOWN AS OPTION A.
SECONED BY: MR. DARDENO
VOTED: UNANIMOUS (5-0)
MR. CHAIRMAN, I MR. O’LEARY MOVE TO INSTRUCT THE TOWN ADMINISTRATOR TO CALL FOR A CIVIL SERVICE EXAM IN ORDER TO FILL THE FIRE CAPTAIN’S POSITION UNDER WHAT IS KNOWN AS OPTION A.
SECONDED BY: MR. DARDENO
Discussion: Captain Galvin informed the board that himself and Captain Marotta are currently on the “active list” which doesn’t expire until 2007.
VOTED: NO ACTION TAKEN
10. TOWN ADMINISTRATOR’S REPORT
§ Mr. Balukonis informed the board that the fiscal 2005 audit has been completed by Giusti, Hingston & Company and that he had recently met with Dick Hingston to review the draft financial statements and management letter. Mr. Balukonis will be forwarding copies of both to the board.
§ Mr. Balukonis informed the board that an agreement had been reached with the owners of 148 Park Street for use of their property to house construction trailers during the Police Station project. Mr. Balukonis added that a groundbreaking ceremony is schedule for January 12, 2006 at 9:00 a.m. Mr. Mauceri requested that a thank you note be sent to Mr. Wheeler for use of his property.
§ Mr. Balukonis informed the board that the town is making progress on the recovery of money owed for the police details on the Route 62 project. An additional $61,816.80 had been received, with a remaining balance due of $144,258.00.
§ Mr. Balukonis stated that RMLD is continuing its efforts to remove double poles and that since October 2005, additional double poles have been removed along Park and Chestnut Streets. Mr. Balukonis added that the total number of double poles removed in 2005 was 172 and that RMLD will continue to remove poles as part of the Route 62 project. In a related matter, Mr. Balukonis informed the board that a warrant article must be submitted for action at the April Town Meeting rescinding the bylaw relating to double poles due to the ruling by the Attorney General that similar bylaws conflict with provisions in state law.
§ Mr. Balukonis said that Representative Jones informed the Town Clerk that special legislation approved by the October Town Meeting was signed into law as Chapter 179 of the Acts of 2005. He noted that in accordance with the new Charter provision the Board is required to schedule a public hearing during the month of January to consider the April and October town meeting dates, and recommended the board’s next regularly scheduled meeting on January 23, 2006.
§ Mr. Balukonis stated that the CPC is continuing its efforts to submit the Chapter 40R application to the state and that a joint CPC / Board of Selectmen public hearing is scheduled to take place on February 2, 2006 at 7:00 PM. Mr. Balukonis said that the CPC reports the completed Chapter 40R application must include an accepted meeting minutes from the public hearing, and it would be considered incomplete unless the voted minutes were included. Therefore, the CPC additionally suggests one meeting on February 6, 2006 at a time to be determined. Mr. Balukonis enclosed a copy of the message from Heidi Griffin which explains in detail the
requirements associated with Chapter 40R applications.
11. OLD AND NEW BUSINESS
Mr. O’Leary
§ None
Mrs. Bailey
§ Mrs. Bailey congratulated the library on their recent North Reading Reads event, at which herself and Mr. Dardeno read, and stated that it was a wonderful evening.
§ Mrs. Bailey mentioned that the Housing Authority would be meeting on Tuesday, January 10, 2006 to discuss the parking situation at the Batchelder School project.
Mr. Veno
§ None
Mr. Dardeno
§ Mr. Dardeno also extended his congratulations to the library on their recent North Reading Reads event.
§ Mr. Dardeno informed the board that the HDC was meeting tonight, and that they had asked to be on the Board of Selectmen’s agenda at some point in the near future.
§ Mr. Dardeno mentioned that the Cable Committee is meeting on Tuesday, January 10, 2006. Mr. Mauceri asked when Verizon would be ready to offer cable service to the town and Mr. Dardeno indicated that it would be ninety days after an approved contract, which would roughly be somewhere in the June – September time frame.
Mr. Mauceri
§ Mr. Mauceri indicated that he is currently reading the current North Reading Reads book selection In Revere, In Those Days..
§ Mr. Mauceri stated that the board will soon need to address water rates.
§ Mr. Mauceri informed the board that the next budget session is scheduled for Tuesday, January 17, 2006.
11. EXECUTIVE SESESION (10:05 PM)
MR. CHAIRMAN, I MR. VENO MOVE TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF COLLECTIVE BARGAINING AND PENDING LITIGATION AND TO RETURN TO OPEN SESSION FOR THE SOLE PURPOSE OF ADJOURNMENT.
SECONDED BY: MR. O’LEARY
VOTED: MR. MAUCERI: AYE
MR. DARDENO: AYE
MRS. BAILEY: AYE
MR. O’LEARY: AYE
MR. VENO: AYE
ADJOURN (10:45 PM)
I, MR. VENO MOVE TO ADJOURN.
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
_______________________________ ___________________________________
Date Joseph Veno, Clerk
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