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Home My WebLink About2010-01-26 Board of Selectmen Executive Session Packet°FR Town of Reading yc F k 16 Lowell Street b Reading, A 01867 -2685 sJ9 +7HC04Q0� �' FAX: (781) 942 -9071 Email: townmanager&i.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: January 21, 2010 RE: January 26, 2010 Meeting — Executive Session There are two items for Executive Session as follows: la) Litigation — Wine Nation — Please see the attached material from Gary Brackett. Mr. Brackett is handling the ABCC appeal on this matter. Based on the potential for the Board of Selectmen agreeing to hear a new application and exception on conditions that Mr. Trone will not do any lobbying and that there will be no appeal from a new decision by the Board of Selectmen, the hearing date has been continued until February 24, 2010. If the Board does not agree to hear a new application, then the hearing would proceed on February 24. Mr. Brackett will be present at the Executive Session. lb) Update — Labor Negotiations — Please see the attached one page chart that Carol Roberts has put together outlining the status of the negotiations. Please also see the attached letter that we had sent to all of the Unions on June 26, 2009 demanding to bargain. This process has been painfully slow. For all of the Unions except for the Fire Fighters (we have received no economic proposal from the Fire Fighters to date) the Unions have accepted a 0% cost of living. All of them want to continue the steps, except that the Police Patrol Officers have agreed to forego the steps potentially in exchange for funding of the Quinn Bill. The Patrol Officers and Superior Officers discussions are more involved because of the Quinn Bill issues. However, I do feel we are making some progress in these areas. PIH/ps Page 1 of 2 Hechenbleikner, Peter From: Gary S. Brackett [gsbrackett @brackettlucas.com] Sent: Tuesday, January 12, 2010 12:50 PM To: Hechenbleikner, Peter Subject: Wine Nation ABCC Appeal Peter, Attorney Gerry Caruso has advised me that his client, Thomas Trone, has agreed to the two conditions recommended by Chairman Tafoya: 1. That Mr. Trone will.not lobby the Board of Selectmen on a new application; , 2. That Mr. Trone will not appeal a decision by the Board of Selectmen on a new application. Based upon that agreement, we have continued the ABCC hearing from tomorrow until February.24, 2010 to allow the Selectmen to consider this matter. If the Selectmen do not want to discuss the matter.tonight on short notice, it could be taken up at.their next meeting. The question before the Selectmen will be as follows: Will the Board of Selectmen grant approval, pursuant to Mass. Gen. Laws. C138, §15A, for the filing of a second (new) application within.a one (1) year period? If the .Board.of Selectmen votes yes, the pending appeal will be withdrawn, with prejudice. Any decision of the Board of Selectmen on a new application would be final, with no appeal to be taken by Mr. Trone. If the Board of Selectmen votes no on the motion, the hearing on the pending appeal will go forward on February 24, 2010. Please give me a call if you.would like to discuss this in more detail. After 2:00 p.m. today, I will be available on my cell phone (508 -397- 6012). Regards, Gary Gary S. Brackett, Esquire BRACKETT & LUCAS 19 Cedar Street Worcester, MA 01609 (tel)508 -799 -9739 1/21/2010 0.i Page 2 of 2 (fax)508- 799 -9799 This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney- client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. if you receive this in error, please notify the sender by reply email. and delete this matter. Thank you. �2 1/21/2010 Hechenbleikner, Peter From: Schena, Paula Sent: Thursday, January 21, 2010 10:25 AM To: Hechenbleikner, Peter Subject: FW: CONFIDENTIAL - ATTORNEY - CLIENT PRIVILEDGED COMMUNICATION From: Hechenbleikner, Peter Sent: Friday, January 08, 2010 3:57 PM To: Reading - Selectmen Cc: Schena, Paula Subject: FW: CONFIDENTIAL — ATTORNEY- CLIENT PRIVILEDGED COMMUNICATION Peter I. Hechenbleikner Town Manager i awn of reading '16 Lowell Street Reading MA 01867 phone: 781-942-9043 fax 781 -942 -9071 web www.readingma..org email town..managex @ci..reading.maus. Please let us know how we are doing - fill out our brief customer service survey at http://readingma - s.0 rve...y,.vrtualtownhail, net /su rvey_ /sid/603ffd2e45471753/ From: Gary S. Brackett, Esquire [ maiito :gsbrackett @brackettlucas.com] Sent: Friday, January 08, 2010 1:59 PM To: Town Manager Subject: CONFIDENTIAL - ATTORNEY- CLIENT PRIVILEDGED COMMUNICATION CONFIDENTIAL ATTORNEY- CLIENT PRIVILEGED COMMUNICATION Peter: Page 1 of 3 I spoke with Attorney Gerry Caruso this morning and advised him of the potential for the Selectmen to discuss his most recent settlement proposal Tuesday night at their next meeting. I also advised him of the two conditions the Chair would propose. He indicated that he would speak with his clients about the conditions and get back to me. Due to the.fact that the ABCC hearing was scheduled for next Wednesday (1/13/10), we.have agreed to postpone the hearing one last 1/21/2010 IA3- Page 2 of 3 time to either 1/27/10 or 2/3/10 to allow this settlement potential to be considered. Please let me know if you would like me to prepare a memorandum to the Board of Selectmen for review during.their meeting on Tuesday night. As you know, any such discussion should be conducted in executive session pursuant to MGL c. 39, § 23B(3). Regards,Gary Gary S. Brackett, Esquire Brackett & Lucas 19 Cedar Street Worcester, MA 01609 (t) 508- 799 -9739 (f) 508- 799 -9799 GSBrackett@BrackettLucas.com This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney- client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply email and delete this email. Thank you. CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGED COMKUNICATION RE: Wine Nation Peter, Attorney Gerry Caruso called me this morning and proposed the following: 1. Wine Nation would withdraw its appeal to the ABCC on the license denial. 2. They would submit a new application to the Board of Selectmen with'the revisions they had been suggesting. previously. 3. Since the new application would be presented within one (1) year of the first application, the Board of Selectmen would have to exercise their discretion, pursuant to Mass. Gen. Laws c. 138, §15A, to allow it to be filed. Let me know your thoughts on this and whether we should speak with the Board of Selectmen Chair tomorrow by conference call. Essentially this would affirm the earlier decision of the Board of Selectmen without the need and expense for the ABCC hearing.- If this appears to be a reasonable approach for discussion by the full Board of Selectmen, we would continue the 1/13/10 hearing for a week or.two 1/21/2010 1A.q- RECAP OF UNION NEGOTIATIONS - 1 -26 -10 Engineers Public Works Firefighters Date of Luncheon 10 -05 -09 Declined 12 -14 -09 First Meeting 12 -09 -09 11 -23 -09 01 -15 -10 No. of Meetings Two Five Two Agreements 1 yr contract 1 yr contract None. Summary of Town Town Town Proposals 1 yr contract 1 yr contract 1 yr contract 0% COLA 0% COLA 0% COLA No step increases. No steps No steps Language for 4 -day Union 2 minor language work week. Wants full Quinn issues COLA, but wants Union Bill money (FY09, Union Off the record Union Would agree to 0% package included Update ALS. COLA, but wants 0% COLA, steps; language. step increases. increase in comp Note: Union will not No layoff clause. time, mech on duty present economic Language from Per. for emergencies, proposal until Town Policies in contract working out of class agrees to accept language. Union's comparable communities. Dispatchers Patrol Officers Superior Officers Date of Luncheon Declined 10- 19-09 11 -24 -10 First Meeting 01 -04 -10 11 -23 -09 01 -07 -10 No. of Meetings Two Three Two Agreements 1 yr contract None None Summary of Town Town Town Proposals 1 yr contract 1 yr contract 1 yr contract 0 %.COLA 0% COLA 0% COLA No steps No steps No steps Union Union Union Would agree to 0% Wants full Quinn Wants full Quinn COLA, but wants Bill money (FY09, Bill money (FY09, step increases.' FYI and for FYI and for Eliminate FYI 1). Currently FYI 1). Currently Access/Parking discussing schedule discussing Stickers as change and elimination of sick responsibility of elimination of sick leave buyback for Dispatchers. leave buy back for current employees. current employees. or ,y Town of Reading 16 Lowell Street 'co Reading, MA 01867 -2685 ,SJet 7R,Qp4� v! . FAX: (781) 942 -9071 Email: townmanager &l.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 June 26, 2009 Bob Beck, President Reading Firefighter's Association . 757 Main Street Reading, MA 01867 Dear Bob: As you are aware,, the current Collective Bargaining Agreement' between your union and the Town of Reading expires on June 30, 2010. The Collective Bargaining Agreement provides that notice of the desire of either party to negotiate a successor agreement be provided on or prior to December 1, 2009. 1 am therefore providing that notice to you at this time, with the expectation that bargaining will begin within a reasonable time. I would anticipate that we could begin collective bargaining in late August or early September of this year, with a goal of completing the process by December 31, 2009. provide this letter to you now because I know • that each union has their own process for selecting the negotiating committee and determining what their bargaining strategy will be. I would hope and expect that the process for your union can be completed within the next two months. I noted in my rerriarl(s to all employees in the meetings that we had over the Icst six months related to the Town's finances, that it is the Town's feeling that all parties are best served by starting negotiations sooner than we traditionally have, given the unprecedented world -wide economic situation that affects all of us. Please contact Paula Schena in my office to set up the first bargaining session. ' cerely eter I. Hechenbleikner Town Manager cc: Department Head Carol Roberts Bob LeLacheur