HomeMy WebLinkAbout2006-03-13 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES MARCH 10, 2006
EXECUTIVE SESSION: The Executive Session convened at 7:08 P.M.
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; James Xenakis;
Donald Stewart; Mark J.T. Caggiano; Thomas Licciardello, Mark Rees, Town Manager; Ray Santilli,Assistant
Town Manager.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
Negotiations with non-union employees
Mark Rees thanked the Board for the merit increase and asked the Board to review its decision and asked for
a reconsideration of the effective date from March 1, 2006 to September 5,2005, his employment anniversary
date. His request was based on two points: equity and contractual. Regarding equity, all division and
department directors received their merit increases for FY06 retroactive to July 1, 2005. Since the period of
performance was being evaluated on was the same period as the division/departmental directors(adjusted for
the September 5 date), he requested the same treatment. As applies to contractual obligations, Article X of
his employment agreement, each of the prior two years, the salary adjustment was made effective
September e.
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the merit increase be
effective retroactive to September 5, 2005. Vote approved 5-0.
Pending Litigation
The Town Manager said that a resident John Marsh of 162 Beverly Street has filed suit against the Town to
^ cease using the ball field, the Carl Thomas Playground, adjacent to his house as a result of foul baseballs
traveling into his yard on a regular basis. He alleges that foul baseballs have landed on his property, hit his
house, broke windows and hit vehicles parked in his driveway and that his family's health and safety have
been negatively affected.
Town Counsel Thomas Urbelis says that the Town will loose this rase if it goes to court. Mr. Marsh had
previously agreed to install an overhang like the town of Chelmsford that prevents foul balls from entering his
property. The Town Manager and Assistant Town Manager worked with the Town's insurance carrier to
conduct a risk assessment visit and give his recommendation of installing an overhang overlapping home
plate to stop the foul balls from coming into Mr. Marsh's property. The Town has also contacted several fence
companies to come and assess the situation.
The Selectmen authorized the Town Manger to have a meeting with Town Counsel, Mr. Marsh and his
attorney to investigate the Chelmsford solution,to make it work and probably change the baseball diamond in
another direction that would help stop the foul balls from entering his property. But Mr. Marsh has to waive
his right and give the Town something along the lines of an easement. In another effort of showing good faith
the Town could direct the Little League to only play T-Ball at this park until this situation is rectified.
ADJOURNMENT:
Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to move out of Executive Session.
Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson,Administrative Secretary
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