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Board of Selectmen Minutes 03/07/2011
MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY,  MARCH 7,  2011

Chairman Mauceri, called the meeting to order at 6:30 pm in Room 14 at Town Hall in the presence of members:  Mr. O'Leary, Mr. Prisco, Mr. Delaney, Mr. Yull and the Town Administrator, Greg Balukonis.

1.      EXECUTIVE SESSION
Mr. Chairman,  I move to enter into Executive Session for the Purpose of Collective Bargaining and Litigation Strategy, such discussions in Open Session will have detrimental impact on the Town and further the Board of Selectmen will return to Open Session.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Mr. Mauceri:    Aye                     Mr. O'Leary:    Aye                                     Mr. Delaney:    Aye                     Mr. Prisco:     Aye                                      Mr. Yull:       Aye

7:43 P.m.       The Board returned to open session.

2.      INFORMATIONAL HEARINGS - SPECIAL TOWN MEETING - MARCH 14, 2011                                                  
Mr. Balukonis - Funding for Quinn Bill is $427,000                      
Mr. Mauceri - Open Hearing to the Floor.
David Doucette, 6 Carriage Way - Questioning does the Town have to pay this.
Mr. Balukonis - Yes, it is a Court Order.
Mr. Delaney - Court Judgement, we could appeal but we chose to pay and also appeal
David Doucette - How is tuition funded as far as Officers going to school.
Mr. Balukonis - Town does have tuition reimbursement for all Town employees.
David Doucette - Does a degree constitute a pay raise.
Mr. Balukonis - Yes, it does.
Mr. Prisco - $427,000 is that the final offer of what is needed, just wanting to make           sure there will be no added expenses.
Mr. Balukonis - We are double checking but we believe that it is all that is needed.
Mr. Delaney - I am assuming since there is no comment from those present that this              is the final amount needed.
Mr. Mauceri - They will get the money on Public Record and that is it.
Deanna Kastro - Wants to know what the Union has done to get the money from the State.
Mr. O'Leary - State doesn't owe the Police Dept. the money they owe the Town            the money.
Mr. Mauceri - History of issue is the contract with Police Dept. said Town would match  Quinn Bill to pay Officers, if Quinn Bill was cut then the Town would have to pay more.  The Officers then filed Legal action and Town lost and has been paying.  Town  has also appealed the Law suit.
Mr. Mauceri - Rule Public Hearing closed.



3.      THOMSON CLUB - CHANGE OF LICENSE TYPE
John Wiley (owner),  16 Heritage Drive  Salem, MA                               
New hours will be Tuesday - Sunday    11:30am-12midnight                        
Winter hours Thursday-Sunday   11:30am-12midnight
Mr. O'Leary - Why the change?
Mr. Wiley - To promote more patronage with the Public not just Club members.
Mr. O'Leary - This could have a substantial impact on the neighborhood - would like to          look into this some more.
Mr. Delaney - Would also like to see about the impact on the neighborhood.
Charlie Hannon, 10 Crystal Lane - Golf Clubs are hurting for revenue so this is a way of promoting business.  Currently there are a lot of functions at the Club so there is traffic there now.
Mr. Delaney - Thinks we should postpone this article for now.
Mr. Balukonis and Mr. Mauceri both state and agree that the owners did notify and               according to ABCC rules they did all they needed to do
Mr. O'Leary and Mr. Delaney would like to postpone it for 2 weeks and put one more              notice in the paper for neighbors to see.
Mr. O'Leary would like a more concrete input from Police Dept. on this plan.
Mr. Delaney does not fault the Thomson Club, just feels Board of Selectmen should notify neighbors more.  Proper notice would let neighbors know about the changes.     
Mr. Balukonis-The process that has been followed is the ABCC's not ours, as far as              Legal notice going forward we will change the wording but not for tonight.
Mr. Hannon-Waiting 2 weeks does make a difference, they need to do menus, hire          staff and alot of other prep work.
Mr. O'Leary - This is a change of operation and could have an impact.

Mr. Chairman, I move to postpone this particular motion for 2 weeks to 3/21/2011
        Motion by:      Mr. O'Leary                                                                     Seconded by:    Mr. Delaney
        Motion denied

Mr. Chairman,  I move to change the license for The Thomson Club, 20  Elm Street        from a Club License to a Common Victuallar/All Alcohol License.
        Motion by:      Mr. Prisco                                                              Seconded by:    Mr. Yull                                
        Voted:          3-2     Mr. Delaney and Mr. O'Leary are opposed

4.      CSF Proclamation
Tony Terrizzi - President of Scholarship Foundation requests this week to be            proclaimed CSF week.

Mr. Chairman, I move to proclaim March 6-10,  2011 as "CSF Dollar for Scholars Week"    and to read the attached proclamation.          
        Motion by:      Mr. Prisco                                                              Seconded by:    Mr. O'Leary     
        Voted:          Unanimous (5-0)
        Comments:                                                                                       Mr. O'Leary - CSF has done a fine job with these Scholarships and urging all to                 donate.
        Mr. Delaney - also commends the program.


5.      FA Project  -  One Day License                  
Rami Said,   Mass Ave.  Boston, MA       - Hosting 2nd Annual Bowlathon at Candlewood Lanes
Mr. Chairman, I move to grant a One-Day Wine and Malt Beverage License to the FA        Project, Inc. for an event to be held at Candlewood Lanes,  35 Main Street on April 9, 2011 between the hours of 7pm-11pm.   Subject to all Regulatory Department requirements
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary                     
        Voted:          Unanimous  (5-0)

6.      Minutes
Mr. Chairman, I move to approve the January 24, 2011 Regular Session minutes as written.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)
        
Mr. Chairman, I move to approve the January 24, 2011 Executive Session minutes as written.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)

Mr. Chairman, I move to approve the February 7, 2011 Regular Session minutes as amended.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)                         
Amendment:      In regards to the Fund alternative for Quinn Bill Payments,  Mr. O'Leary was opposed to it coming out of the OT for the Police Dept.

Mr. Chairman, I move to approve the February 7,  2011 Executive Session minutes as written.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary             
        Voted:          Unanimous (5-0)

Mr. Chairman, I move to approve the February 15, 2011 Regular Session minutes as written.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)

Mr. Chairman, I move to approve the February 15,  2011 Executive Session minutes as written.
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)

7.      Public Comment
Joe Veno, 11 Rock Street, commented on hearing the Board say that the Police Dept. Union has been unprofessional tonight and that is wrong.
Deanna Kastro, - wants it known that a Public Service committee has been formed.

8.      Legal Fees
        Mr. Chairman, I move to approve the Legal Bills for January 2011 in the amount          of  $4,777.07 as follows:
                Kopelman and Paige, PC (general)                $   472.08                                      Kopelman and Paige, PC (labor)          $3,150.00                                       Kopelman and Paige, PC (water)                $1,154.90
                        Total                                   $4,777.07
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          4-0             Mr. Yull  opposed

9.      Appointment/Re-Appointments
Youth Services
Mr. Chairman, I move to place in nomination the following name for Appointment/ Re-Appointment as member on the Youth Services Committee for a term to expire on December 31, 2013 (1 opening)                  
                1.      Tracy Helms, 16 Devons Road (incumbent)
                        Seconded by:    Mr. O'Leary
        Voted:          Mr. O'Leary     Aye                     Mr. Yull        Aye                                     Mr. Prisco      Aye                     Mr. Mauceri     Aye                                      Mr. Delaney     Aye
        Comments:       
                Mr. Prisco-Tracy has done a wonderful job and works great with the kids.                        Mr. Yull-Also would like to commend her.                                                        Mr. O'Leary-  "Ditto"

Water and Wastewater Planning Advisory Committee
Mr. Chairman, I move to place in nomination the following names for Appointment as members on the Water and Wastewater Planning Advisory Committee for a term to end at the completion of the project.
                Richard Carnavale (DPW Representative)                                                  Martin Fair (Board of Health Representative)                                            Joseph Foti (Water Commission Representative)                                            Warren Pearce (CBC Representative)                                                      Luke Roy (446 Park Street)                                                                       Michael Prisco (Board of Selectmen)                                                             Robert Mauceri (Board of Selectmen)
        Motion by:      Mr. Prisco                                                                      Seconded by     Mr. O'Leary

                Voted:          Mr. O'Leary                     Mr. Yull                                                        Mr. Prisco                      Mr. Mauceri                                                      Mr. Delaney

10.     Town Administrator's Report
1.      Update of FY2012 budget calendar - Board of Selectmen budget hearing is                 scheduled for 4/19/2011                                                 
2.      FY2010 Financial Audit report is complete and a full report will be sent to             Board shortly.                                                          
3.      Negotiations are continuing on the extension of the Intermunicipal Agreement            between the Town of Andover and North Reading for providing water.      
4.      Update on all Union Grievances and Arbitration actions - the only open                  grievances and arbitration cases relate to Teamster Local 25 representing the           Police Union.  There are no disputes on-going with any of the other Unions.
Mr. Mauceri - Has asked the Town Administrator to present grievances and so forth to the Board of Selectmen and to make them Public.
Mr. Yull - Why is there a grievance?                                                    
Mr. Balukonis - Does not know why at this time
Mr. Delaney - Questioning the request on EMT training and Body Armor Grievances.
Mr. Balukonis - Not clear why and will not speculate.
Mr. Veno, 11 Rock Street - Wants to be sure all Unions grievances will be made Public           and not just the Police Union.          
Assured that this is for all Unions.

11.     Old and New Business
Mr. O'Leary - Resident on Pluff Ave. states the lights from the new restaurant are very                 bright.
Mr. Prisco - States this is being addressed already due to other compliants.
        Also has kicked off Charter Review
1st Meeting was just for brainstorming - would like the Board of Selectmen to make this a Formal Committee.  Annual report is one of the  changing things.  Mr. Prisco meets with some at Town Hall during the day and with the others at night.
Month of March - Park and Recreation Committee is trying to sell Bricks and Bench       Plaques.  To donate come to the Wine and Food Social on March 25,  2011 at  The         Hillview Country Club,  tickets are $40.
Mr. Yull - Middle School has 2 plays going on.  Also Barnum will play again on April 8th,  Carnival and then Play, High School Students did a great job with these activities.
Mr. Mauceri - Express his condolences on the passing of Vera Hart - long time Secretary         of the Board of Selectmen.  She was very well liked and will be greatly missed.
Mr. Delaney - Would like to Congratulate Mr. Mauceri on being Citizen of the Year in            North Reading for 5 decades.  Well done
Mr. O'Leary - No one is more deserving of this.
Mr. Yull - Moved here in 1995 and knew a long time ago that he was a special person.
Mr. Mauceri - Thanks to all for their kind words about him.
Also would like to remind all that they need at least 150 people to be present at the Special Town Meeting to vote on Quinn Bill funding.

        
Adjourn   9:50

        Mr. Chairman I move to adjourn
        Motion by:      Mr. Prisco                                                                      Seconded by:    Mr. O'Leary
        Voted:          Unanimous (5-0)