MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY MARCH 1, 2010
Chairman Mauceri called the meeting to order at 7:18 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. EXECUTIVE SESSION
MR. CHAIRMAN, I MOVE TO ENTER INTO EXECUTIVE SESSION FOR
THE PURPOSES OF COLLECTIVE BARGAINING INCLUDING CHIEF NOLAN, AND FURTHER THE BOARD OF SELECTMEN WILL RETURN TO OPEN SESSION THEREAFTER.
MOTION BY: MR. YULL
SECONDED BY: MR. VENO
VOTED: MR. MAUCERI AYE MR. O’LEARY AYE MR. DELANEY AYE MR. VENO AYE
MR. YULL AYE
2. MINUTES
Mr. Yull submitted changes he requested regarding the February 1, 2010 Regular Session.
3. CORRESPONDENCE
NONE
4. PUBLIC COMMENT
Ms. Castro, 9 Bridle Way updated the Board on NRUE and Stand for Children. She talked about the upcoming meeting on Friday night and invited the Board. She also mentioned that March 23rd, A Day In The Hill, will be at the Gardener Auditorium and all are invited to attend.
She closed with reminding the Board that they are very active, working hard, and meeting regularly although they have not met with the Board recently.
5. LEGAL BILLS
Mr. Balukonis explained the bills and encouraged the Board to approve.
MR. CHARIMAN, I MOVE TO APPROVE LEGAL BILLS FOR JANUARY 2010 IN THE
AMOUNT OF $6,983.01 AS FOLLOWS:
KOPELMAN AND PAIGE, P.C. (GENERAL) $ 2,759.14
KOPELMAN AND PAIGE, P.C. (LABOR) 3,762.50
KOPELMAN AND PAIGE, P.C. (WATER) 461.37
TOTAL $ 6,983.01
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
6. LEASE AGREEMENT
Mr. Balukonis explained to the Board that one bid was received from Metro PCS for Swan Pond Road.
On page 5 of the lease agreement, #10c, a provision was negotiated regarding rent for termination.
MR. CHAIRMAN, I MOVE SIGN THE TELECOMMUNICATIONS LEASE AGREEMENT BETWEEN THE TOWN OF NORTH READING AND METRO PCS MASSACHUSETTS (55 SWAN POND ROAD).
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
7. APRIL TOWN MEETING – INFORMATIONAL HEARINGS
Mr. Mauceri began by reading the notice of Informational Hearings.
ANNUAL TOWN MEETING
ARTICLE 1 Select Town Officers
MR. CHAIRMAN, I MOVE TO RECOMMEND ARTICLE SELECT TOWN OFFICERS.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE 2 Hear and Act on Reports of Town Officers and Committees
MR. CHAIRMAN, I MOVE TO RECOMMEND ARTICLE Hear and Act on Reports of Town Officers and Committees.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE 3 Authorize Director of Public Works to Accept Easements
ARTICLE 4 Authorize Treasurer to Enter into Compensating Balance Agreements
ARTICLE 5 Authorize Chapter 90 Highway Construction Funds (Pending Authorization by the Department of Revenue)
MR. CHAIRMAN, I MOVE TO RECOMMEND ARTICLES 3, 4 & 5.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Accept MGL Chapter 32B, Section 18A
Mr. Balukonis gave a brief presentation and then the Board discussed it.
MR. CHAIRMAN, I MOVE TO RECOMMEND.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: 4-1 (Mr. Veno opposed at this time)
ARTICLE Rescind Bond Authorizations
MR. CHAIRMAN, I MOVE TO RECOMMEND.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Conservation Revolving Fund – Re-authorize
Parks and Recreation Revolving Fund – Re-authorize
Damon Tavern Revolving Account – Re-authorize
Rain Barrel Revolving Account – Re-authorize
Recycling Promotion Revolving Fund – Re-authorize
Department of Elder Affairs Revolving Fund – Re-authorize
Emergency Management “All Hazards” Revolving Fund – Re-authorize
Youth Services Revolving Fund – Re-authorize
Library Activity Room Revolving Account – Re-authorize
MR. CHAIRMAN, I MOVE TO RECOMMEND PREVIOUSLY STATED REVOLVING FUNDS.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
DISCUSSION: Mr. Veno would like to discuss Youth Services. Upon discussion he agreed to re-authorize.
VOTED: UNANIMOUS (5-0)
ARTICLE Establish Police Equipment Revolving Account
MR. CHAIRMAN, I MOVE TO REMOVE THE ARTICLE TO ESTABLISH POLICE EQUIPMENT REVOLVING ACCOUNT.
MOTION BY: MR.O’LEARY
SECONDED BY: MR. DELANEY
VOTED: 4-1 (Mr. Veno opposed)
ARTICLE FY 2011 Operating Budget
Not being discussed tonight
ARTICLE FY 2011 Capital Expenditures
Not being discussed tonight
ARTICLE Middle School/High School Feasibility Study
Maureen Vacca, School Committee, spoke. She explained the project and reasoning behind it. The will be a “Core Building” joining middle and high schools. 1 million for the feasibility study, but there is a reimbursement bureau. This is a pilot program so it can be more affordable.
MR. CHAIRMAN, I MOVE TO RECOMMEND ARTICLE MIDDLE SCHOOL/HIGH SCHOOL FEASIBILITY STUDY.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Fund Retirement Obligations
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Fund FY2010 Snow and Ice Deficit
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Retirement Trust Fund
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Fund Wastewater Project
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Fund Town Share of Rt. 62 Culvert Installation
MR. CHAIRMAN, I MOVE TO RECOMMEND FOR APRIL SESSION OF TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Fund Storm Water Infiltration Project
Wayne Hartacker and Janet Nicosia were present to discuss the North Reading Storm water Infiltration Project and showed a brief power point presentation. In addition, the Hood School Principal spoke of the educational value of the project, and Charlene Malek, Vice President of the North Reading Garden Club spoke in favor of the project.
MR. CHAIRMAN, I MOVE TO RECOMMEND AND FURTHER RECOMMEND THAT THIS BE CONSIDERED AT THE APRIL SESSION OF TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Transfer Rebates from Energy Conservation Projects
MR. CHAIRMAN, I MOVE TO PASS OVER AND ESTABLISH A NEW ARTICLE.
MOTION BY: MR. O'LEARY
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
ARTICLE Fund Additional Energy Conservation Projects
A brief power point presentation was given by Dave Patten, representing the energy committee.
MR. CHAIRMAN, I MOVE TO RECOMMEND $70,000.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. YULL
DISCUSSION: It was asked why the wording is up to $150,000 when only $70,000 is needed. The Board discussed it.
VOTED: 4-1 (Mr. Delaney opposed)
ARTICLE Transfer Funds to Capital Stabilization Fund
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Transfer Funds to Solid Waste Stabilization Fund
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Appropriate Money to Stabilization Fund
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
SPECIAL TOWN MEETING
ARTICLE 1 FY2010 Budget Amendment
Mr. Balukonis explained the Article 1 FY2010 budget amendment.
MR. CHAIRMAN, I MOVE TO RECOMMEND AT TOWN MEETING.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Prior Year Bills
MR. CHAIRMAN, I MOVE TO RECOMMEND.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
ARTICLE Amend Article 23 of April 6, 2009 Town Meeting – Fund Retirement Obligations.
Mr. Balukonis discussed the retirement of 3 municipal employees.
MR. CHAIRMAN, I MOVE TO RECOMMEND.
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
8. TOWN ADMINISTRATOR’S REPORT
WAIVE POLICY - CENTRE CAFE
MR. CHAIRMAN, I MOVE TO WAIVE POLICY TO DISCUSS THE ABCC DECISION IN REGARDS TO THE CENTRE CAFÉ.
MOTION BY: MR. VENO
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
Mr. Balukonis explained the options the Board Members have in regards to the Centre Café.
CENTRE CAFÉ
MOTION TO GRANT
MR. CHAIRMAN, I MOVE TO GRANT A COMMON VICTUALLER/WINE AND MALT BEVERAGE LICENSE TO GATHERINGS, INC D/B/A THE CENTRE CAFÉ, 118 PARK STREET, SANDRA DELGRECO, MANAGER, TO EXPIRE DECEMBER 31, 2009 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS AND THE FOLLOWING ADDITIONAL CONDTIONS: 1) ALCOHOLIC BEVERAGES SHALL BE SERVED ONLY IN CONJUCTION WITH FOOD SERVICE; 2) CLOSING TIME SHALL BE NOT LATER THAN 10:30 PM; 3) THE ESTABLISHMENT SHALL BE LIMTED TO ONE TELEVISION FOR CUSTOMERS.
MOTION BY: MR. DELANEY
SECONDED BY: MR. MAUCERI
DISCUSSION: Mr. O’Leary is not in support for previous reasons stated. Mr. Veno is not in support and Mr. Yull is not in agreement.
VOTED: 2-3 (Nay – Mr. O’Leary, Mr. Veno, Mr. Yull)
MOTION TO DENY- SUBSIDARY FINDINGS
MR. CHAIRMAN, I MOVE TO APPROVE THE FOLLOWING SUBSIDARY FINDINGS FOR THE DENIAL OF THE COMMON VICTUALLER/WINE AND MALT BEVERAGE LICENSE FOR GATHERINGS, INC. D/B/A THE CENTER CAFÉ, 118 PARK STREET:
- The Board of Selectmen finds the applicant failed to demonstrate adequate parking to serve the needs of public, employees and delivery vehicles.~ A total of 17 parking spaces are provided on-premises, of which 4 spaces are of limited use in meeting the parking needs of customers because they are blocked by other spaces.~ The proposed parking configuration proposed by the applicant is also deficient due to 12 spaces having to back onto a busy public road.~ Shared parking with an adjacent multi-family residential building serves to exacerbate the parking problems associated with this site.
- The Board fINDS that the applicant’s purported informal agreement with a nearby gas station owner to provide additional off-premises parking did not satisfactorily address the lack of adequate and/or safe parking for the establishment.~ No written agreement was provided, and all parties acknowledge there are insufficient on-premises parking.
- The Board did not find the applicant’s testimony credible asserting that the Park and Washington Street intersection is safe, based on the Board members’ personal knowledge and recommendations provided by the Police Department.~ The Police Department questioned the location as being unsafe without substantial improvements due to vehicles traveling at high speeds, poor street lighting, the width of the road, and lack of traffic and pedestrian cross signals.~ Road elevations in the area of the Park Street Bridge create a blind-spot where drivers may be unable to see pedestrians crossing the road, particularly during the evening.~ The Board further fINDS the North Reading Police Department’s reports and testimony regarding traffic accidents at the intersection to be more relevant and reliable than Mass Highway report
submitted by the applicant. ~
- The Board of Selectmen finds the location to be inappropriate for an alcoholic beverages license, due to the proximity to residential properties which will be inconvenienced by increased vehicle and pedestrian traffic.~ The applicant proposing to remain open until 10:30 pm is a substantial change in the character of the business AT THIS LOCATION.~ The business now closes at 1:30 pm, and evidence provided that there has never been aN ESTABLISHMENT at this location open at night. Although many individuals spoke in favor of the license, a similar number of residents spoke in opposition to the license and the Board believes this reflects on the lack of public need and the inappropriate area for a license at this location.~ Others businesses in this vicinity provide sufficient on-premises parking for their customers, AND THUS HAVE A LESSER
IMPACT ON NEIGHBORS.
- The applicant proposes to offer a unique food product in the form of Italian cuisine.~ There are a number of restaurant establishments in North Reading that specialize in Italian foods.~ Two (2) other local establishments specializing in Italian food hold liquor licenses to adequately serve the needs of the public.~ The uniqueness of the applicant’s business is far outweighed by the serious parking and overall safety concerns with this location.~ The applicant’s use is permitted by zoning, but the Board must exercise its discretion in evaluating locations for alcoholic beverages licenses.
- The Board found that notwithstanding the efforts by the applicant to address the safety concerns raised by the Police Department during the all alcoholic beverages license hearing in 2009, there remain serious concerns that are inherent to this location and may be aggravated by introducing a business that is open at night and serving alcoholic beverages. ~~~~~~
MOTION BY: MR. O’LEARY
SECONDED BY: MR. VENO
DISCUSSION: Mr. Delaney disagreed and pointed out inconsistencies in the motion.
VOTED: 3-2 (Nay – Mr. Mauceri, Mr. Delaney)
Mr. Balukonis continued with his report by informing the Board that there was no serious damage from the storm last Thursday and Friday, however, there were minor leaks in the Library, Police Station and the Building on the Common. He touched upon the snow deficit which was previously discussed this evening. Mr. Balukonis also informed the Board that he has asked Town Counsel to review the matter regarding the ambulance policy and billing rates and he updated the Board on the Firefighter/Paramedic list. He concluded with informing the Board that reminders were sent out in the most recent water and trash bills regarding past due accounts.
9. OLD AND NEW BUSINESS
MR. O’LEARY
- Made mention of Mr. Delaney’s job well done as Chair in Mr. Mauceri’s absence.
MR. YULL
- Stated that volunteerism is very important – the Land Utilization Committee is looking for 2 volunteers, Youth Services is looking for 2-3 and Parks and Rec need volunteers as well.
MR. VENO
MR. DELANEY
- Happy to have Mr. Mauceri back
MR. MAUCERI
- Pointed out that the Energy Committee, a group formed 18 months ago, efforts are beginning to pay off and he’s pleased to see it.
- Suggested that the Board prioritize their capital expenditures.
ADJOURN
MR. CHAIRMAN, I MOVE TO ADJOURN (10:15 PM)
MOTION BY: MR. O’LEARY
SECONDED BY: MR. DELANEY
VOTED: UNANIMOUS (5-0)
______________________________ ____________________________________
Date Jeffrey Yull, Clerk
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