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Board of Selectmen Minutes 02/01/2010
Chairman Mauceri called the meeting to order at 6:30 p.m. in Room 14 at Town Hall in the presence of members Mr. O’Leary, Mr. Yull, Mr. Veno, Mr. Delaney and the Town Administrator Greg Balukonis.

1. JOINT APPOINTMENT OF INTERIM CPC MEMBER
The CPC and the Board met to interview Mr. Scrima (previously met in a joint meeting with Mr. Mills) to make a decision on an interim appointment for the CPC.

MR. CHAIRMAN, I MOVE TO NOMINATE DANIEL MILLS AND PATRICK SCRIMA AS INTERIM MEMBER OF THE COMMUNITY PLANNING COMMISION TO SERVE UNTIL THE MAY 2010 TOWN ELECTION (REQUIRES MAJORITY VOTE OF CPC AND SELECTMEN)

MOTION BY: MR. YULL
SECONDED BY: MR. VENO
DISCUSSION: Mr. Yull will abstain as he did not attend the interview with Mr. Mills
VOTED: DANIEL MILLS (5-3)
MR. DELANEY: D. MILLS           MR. PEARCE: P. SCRIMA                   
MR. VENO: P. SCRIMA             MS. ROMEO: D. MILLS
MR. MAUCERI: D. MILLS           MR. HAYDEN: D. MILLS
MR. O’LEARY: D. MILLS           MR. ROONEY: P. SCRIMA
ROLL CALL VOTE OF CPC AND SELECTMEN: DANIEL MILLS
2.      MINUTES
MR. CHAIRMAN, I MOVE TO APPROVE THE JANUARY 4, 2010 REGULAR SESSION MINUTES AS WRITTEN.

MOTION BY: MR. YULL
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)

MR. CHAIRMAN, I MOVE TO APPROVE THE JANUARY 4, 2010 EXECUTIVE SESSION MINUTES AS WRITTEN.

MOTION BY: MR. YULL
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)

3.      PUBLIC COMMENT
NONE



4.      TOWN OWNED LAND
Mr. Mauceri began with reading the public notice. Mr. Balukonis then explained the process involved for the sale of town owned land. The Board discussed the assessed value of the property and decided on a minimum bid.

Mr. Faucher was present and asked about the timeline involved with this process. Mr. Balukonis informed him that it needs to be advertised for 2 weeks and after that there will be an auction.

Mr. O’Leary proposed a minimum bid of $5000.00, subject to #1, 3, & 5 on the motion, excluding #’s 2 & 4.
MAP 12, PARCEL 66
MR. CHAIRMAN, I MOVE TO SELL BY AUCTION TOWN OWNED LAND DESIGNATED AS MAP 12, PARCEL 66  LOCATED AT 6 BROOKS ROAD , IN ACCORDANCE WITH MGL CHAPTER 60, SECTION 77B AT A MINIMUM BID PRICE OF $5000.00
(OPTIONAL) (circle one)
…SUBJECT TO THE FOLLOWING RESTRICTION (S):
THAT THE LOT NOT BE USED
1.      IN AND OF ITSELF AS A SEPARATE BUILDING LOT.
2.      THE PREMISES SHALL NOT BE USED TO SATISFY MINIMUM ZONING OR HEALTH CODE REQUIREMENTS FOR THE CONSTRUCTION ON OR USE OF ANY BUILDING ON ADJOINING LAND.
3.      NO BUILDING OR OTHER STRUCTURE OF ANY KIND SHALL BE ERECTED OR MAINTAINED ON THE PREMISES UNLESS THE PREMISES IS COMBINED WITH ADJOINING AND SAID ADJOINING LAND ALREADY MEETS THE MINIMUM REQUIREMENTS OF THE TOWN OF NORTH READING FOR A SEPARATE BUILDING LOT.
*4.     NO PRINCIPAL STRUCTURE SHALL BE ERECTED ON THE PROPERTY.  ASSESSORY STRUCTURES, SUCH AS A GARAGE, SHED OR A SEPTIC SYSTEM MAY BE ERECTED ON THE PROPERTY, BUT ONLY ASSESSORY TO A PRINCIPAL STRUCTURE ON ADJACENT LAND ALREADY MEETING THE MINIMUM REQUIREMENTS OF THE TOWN OF NORTH READING FOR A SEPARATE BUILDING LOT, AND ONLY WITHIN THIRTY (30) FEET OF THE SOUTHERLY BOUNDERY LINE OF THE PROPERTY.
5.      TO WAIVE THE PROVISIONS OF MGL CHAPTER 40A, SECTION 6 PURSUANT TO ITS NINTH PARAGRAPH.

MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY

DISCUSSION: The Board accepted restrictions 1, 3 & 5. As a note, after the motion was read, at the request of Mr. O’Leary, the removal of #2 because the issue that is being addressed involves the septic system.



The Board voted on the following motion:

MR. CHAIRMAN, I MOVE TO SELL BY AUCTION TOWN OWNED LAND DESIGNATED AS MAP 12, PARCEL 66  LOCATED AT 6 BROOKS ROAD , IN ACCORDANCE WITH MGL CHAPTER 60, SECTION 77B AT A MINIMUM BID PRICE OF $5000.00
SUBJECT TO THE FOLLOWING RESTRICTION (S):

THAT THE LOT NOT BE USED
1.      IN AND OF ITSELF AS A SEPARATE BUILDING LOT.

3.      NO BUILDING OR OTHER STRUCTURE OF ANY KIND SHALL BE ERECTED OR MAINTAINED ON THE PREMISES UNLESS THE PREMISES IS COMBINED WITH ADJOINING AND SAID ADJOINING LAND ALREADY MEETS THE MINIMUM REQUIREMENTS OF THE TOWN OF NORTH READING FOR A SEPARATE BUILDING LOT.

5.      TO WAIVE THE PROVISIONS OF MGL CHAPTER 40A, SECTION 6 PURSUANT TO ITS NINTH PARAGRAPH.

MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)

5.      SIDEWALK SNOW REMOVAL
Mr. Mauceri began by informing the Board that he met with the DPW Director and Mr. Balukonis last week regarding the sidewalk snow removal.

There was a map provided showing the sidewalk on Main Street from the Reading line to the Andover line.

It was requested by a member of the Chamber of Commerce, Mr. Murphy, to waive fines/fees for this season but continue to enforce the by-law.

Mr. Veno agreed and would like to rescind any payments and move forward from here. Rescind payments because some businesses cleared the sidewalks in the last storm, but the Town did not which in his opinion is unfair.

Mr. Mauceri stated:
  • Waive and refund fines paid this year
  • Assemble an ad hoc committee to discuss methods for next year
The Board briefly discussed as in whether or not to waive fines/fees this year as some feel good progress has been made and are fearful it will lapse if fines are removed.

PUBLIC COMMENT:
Monica Gregoire resides at Greenbrier Drive and stated that she is part of the snow removal committee there. She suggested having citizens on the proposed ad hoc committee
MR. CHAIRMAN, I MOVE TO:
  • To rescind and reimburse fines issued
  • To ask businesses to continue with the practice of snow removal
  • To continue to reinforce removal of snow by issuing notices and warnings
  • Beginning Oct 1, 2010, enforce the amended by-law
John Murphy, Vice Chair of the R&NRCOC and NR Town Moderator, stated that he requested to meet separately with the Chair and TA, concerning snow removal and the rescinding of fines.

Mr. Mauceri confirmed the meeting and stated he called each selectman who was interested in having the fines waived. The consensus was to waive the fines.

Mr. Yull stated that “we already have a tool to clear the sidewalks, which is the by-law.” He then questioned the Board’s legal authority to rescind fines in an established by-law that is under the jurisdiction of the NRPD. “Our Board’s primary responsibility is to the voting public,” said Mr. Yull in response to a question from a member of the R&NRCOC.

Monica Gregoire would like to see the sidewalk committee reestablished. In addition, she expressed concerns about rescinding fines. Is concerned we might go backwards. She also stated, “the law is a vital tool to clearing the sidewalks.”

Mr. Yull then stated that $600 in fines have been assessed and $100 were previously rescinded.

MOTION BY: MR. DELANEY
SECONDED BY: MR. VENO
VOTED: 4-1 Motion passed (Mr. Yull opposed)

6.      AMBULANCE RATES
Mr. Balukonis explained that the ambulance rates are linked to Medicaid. The rates have dropped since January 2010. The policy states that new rates can be adopted and Mr. Balukonis is proposing these new rates be adopted.
Mr. Veno requested to table this until the next meeting as he needs additional time to make a decision, look over the information, etc.

7.      TOWN ADMINISTRATOR’S REPORT (9:10 PM)
Mr. Balukonis began with informing the Board that the Governor released his preliminary FY 11 State Aid estimates.

He then stated that the DPW has submitted a Warrant Article for April Town Meeting in regards to the Route 62 Culvert in Wilmington. Mr. Balukonis suggested to the Board that a placeholder be put in for the April Town Meeting Warrant.

He continued with updating the Board on a local project – a contract with KBA Architects to design renovations to the 3rd Meeting House. Mr. Veno stated that the Historic Commission is on board with this.

Mr. Balukonis went on to inform the Board of the Police Department intentions of moving forward with the professional credentialing/accreditation process. The Board requested that the Chief meet with them in executive session to review/explain the program to them.

He then provided an updated list of warrant articles, including the route 62 culvert and amended zoning by-laws as it relates to the floodplains submitted by the CPC. The EPA is in the process of updating their stormwater and it may affect N. Reading – rules becoming more stringent.

Finally, he updated the Board on the number of past due trash, water and combine accounts due. He believes the Town needs to be aggressive and he has drafted letters for the Board’s review. The Board requested he report back to them with the number of abatements that have been filed.

8.      OLD AND NEW BUSINESS
MR. O’LEARY
  • Stated that he found the beer and wine correspondence for Tedeschi interesting and something he feels the Board will have to think about in the future.
  • Wished Mr. Veno and Mr. Mauceri luck with running for reelection
MR. YULL
  • Stated that the LUC is beginning it’s annual fund raising efforts and also, Karen Martin is not renewing her membership and will be sorely missed
  • The energy study committee is looking for a grant writer
MR. VENO
  • Stated that He and Mr. Mauceri have pulled papers – best of luck
  • Noted that the new lighting in the building is in and cost effective.
MR. DELANEY
  • Wished his colleagues the best of luck in their campaigns
MR. MAUCERI
  • Read a letter from NORCAM requesting to be part of an agenda in March. The Board agreed on March 1st.
  • Reviewed bullets on RMLD letter for the public
  • Wish Mr. Veno luck.








9.      EXECUTIVE SESSION (10:00 PM)
MR. CHAIRMAN, I MOVE TO ENTER INTO EXECUTIVE SESSION FOR
THE PURPOSES OF COLLECTIVE BARGAINING AND LITIGATION STRATEGY, AND FURTHER THE BOARD OF SELECTMEN WILL RETURN TO OPEN SESSION THEREAFTER FOR THE SOLE PURPOSE OF ADJOURNMENT.

MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED:  MR. MAUCERI     AYE             MR. O’LEARY     AYE                                     MR. DELANEY     AYE             MR. VENO                AYE
                MR. YULL                AYE



The Board returned to open session at 11:40 p.m.


ADJOURN 11:40 p.m.
MR. CHAIRMAN, I MOVE TO ADJOURN.

MOTION BY:              MR. VENO
SECONDED BY:    MR. YULL
VOTED:          UNANIMOUS (5-0)











___________________________                     ___________________________________
          Date                                                 Jeffrey Yull, Clerk