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HomeMy WebLinkAbout2013-04-09 Board of Selectmen Minutes Board of Selectmen Meeting April 9, 2013 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Selectmen John Arena, James Bonazoli, Dan Ensminger and Marsie West, Youth Liaison Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested persons: Tim Kelley. Town Clerk Laura Gemme swore in new Selectmen Daniel Ensminger and Marsie West. A motion by Bonazoli seconded by Arena that the Board of Selectmen go into Executive Session to discuss strategy with respect to labor negotiations, health insurance, and for the approval of minutes, that the Chair declares that an open meeting may have a detrimental effect on the bargaining position of the body, and that the Board will come back into Open Session at approximately 7:30 PM was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at 7:25 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — John Arena noted that the Reading Municipal Light Board recently voted to have three people serve one role and he feels it is bad practice. He noted the motion was moved, seconded and voted on in less than seven minutes and he noted that was unheard of. He questions whether there was discussion outside of the role as Board member. Marsie West noted that she was not at that meeting and is just as concerned. She noted that motion was defeated previously and she feels rotating the leadership is not appropriate. The Town Manager noted that the RMLB actions were not in accordance with the Home Rule Charter and they did not follow Roberts Rules of Orders. There was no notice of a hearing for removal. He will inform them of Town Counsel's opinion. Marsie West indicated the Board took this action during an active search and they lost a qualified candidate due to their action. She indicated she would like to be the RMLD liaison. Dan Ensminger thanked the voters for electing him. Mary Kate Kelley noted that school vacation starts on Thursday; the Junior Prom is on Thursday, and there was a lock down at the High School last week. The Interact Club will be doing a food pantry fundraiser this spring. Board of Selectmen Minutes—April 9, 2013 —page 2 Discussion/Action Items Board of Selectmen Reorganization — The Vice Chairman turned the meeting over to the Town Manager to accept nominations for Chairman of the Board. Arena moved and West seconded to place the name of James Bonazoli into nomination as Chairman of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminaer seconded by West to close the nominations for Chairman of the Board of Selectmen was approved by a vote of 5-0-0. The main motion was approved by a vote of 4-0-1 with Tafova abstaining. Ensminger moved and West seconded to place the name of John Arena into nomination as Vice Chairman of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminaer seconded by West to close the nominations of Vice Chairman of the Board of Selectmen was approved by a vote of 4-0-1 with Tafova abstaining. The main motion was approved by a vote of 4-0-1 with Tafova abstaining. Arena moved and Ensminaer seconded to place the name of Ben Tafova into nomination as Secretary of the Board of Selectmen with a term expiring June 30, 2014. A motion by Ensminger seconded by Arena to close the nominations for Secretary of the Board of Selectmen was approved by a vote of 5-0-0. The main motion was approved by a vote of 5-0-0. Approval of Agreement — Health Insurance — A motion by Tafoya seconded by Ensminger that the Board of Selectmen approve the Health Insurance Agreement with the Public Employee Committee (PEC) effective July 1, 2013 through June 30, 2014 was approved by a vote of 5-0-0. Audit Presentation/Discussion — Town Accountant Sharon Angstrom and Auditor Eric Demas from Melanson and Heath were present. Mr. Demas noted that the audit was for fiscal year ending June 30, 2012. The audit went well; there were no disagreements or material weaknesses and the new Town Accountant exceeded their expectations. In the individual auditor report they are issuing a clean opinion. Mr. Demas noted in the government funds balance sheet the unassigned fund balance was $7.8 million or 9.6% of the general fund expenditure. Bob LeLacheur noted that when the Finance Committee implemented the reserve fund policy we were at $1 million and now we are at $7.8 million. John Arena asked where do we want to be and Mr. Demas noted that rating agencies want to see 5 — 10% in reserves. Mr. Demas noted that the management letter suggests enhancing the year end cut off procedures for outstanding purchase orders. Also recommends updating the fund balance policy and finally to prepare for the implementation of Gatsby 68 —the unfunded pension liability. The Town Manager noted we are on a schedule to fund by 2028. Board of Selectmen Minutes—April 9, 2013 —page 3 The Board thanked Mr. Demas for his presentation. Continued Hearing — Waiver of Hours of Operation — Fit by Catarina — The Town Manager indicated they are located next to the Natural Food Store on Main Street. Ms. Catarina noted that she is a personal trainer and she does early morning boot camps at 5:15 a.m. and 7:15 a.m. Approximately eight people attend. John Arena asked if there were any objections and the Town Manager noted there was not. There was no public comment either. A motion by Tafova seconded by Ensminger that the Board of Selectmen close the public hearing on an application by Fit By Catarina, 335 Main Street for a license to operate a retail business between the hours of midnight and 6:00 am was approved by a vote of 5-0-0. A motion by Tafova seconded by Ensminger that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to section 3.9 of the Board of Selectmen policies to Fit By Catarina, 335 Main Street, subiect to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31,2013; 3. All signs shall conform to the Zoning By-Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 5-0-0. Presentation on Report of Affordable Housing Trust Funds — The Town Manager noted that Consultant Bob Mitchell looked at the Affordable Housing Trust Fund. He also noted that Housing Authority member Tim Kelley was present. Mr. Mitchell noted that a state law was recently passed. Reading was one of the first communities to adopt the Affordable Housing Trust Fund special act so the state decided to pass legislation to allow all communities to have an Affordable Housing Trust Fund. The state created regulations but it is flexible. Mr. Mitchell noted that the Board should decide if they want to keep the trust fund and if so how to organize and operate it. The Board of Selectmen Minutes—April 9, 2013 —page 4 Town could also switch over to the State model and have a regional housing coordinator carry out the charges. Sources of funding can be considered and that influences how the trust fund is used. Tim Kelley noted that the Housing Authority has not discussed this. They have met only once to expend funds. He feels that since there is a limited amount of money in the fund that he wouldn't want to see it go to administration costs. John Arena asked Mr. Mitchell if he was claiming there are deficiencies and Mr. Mitchell indicated there are no deficiencies but the state act would give more flexibility. Ben Tafoya suggested inviting the Housing Authority and Director in for a discussion and to get information from Town Counsel on the trust fund. Presentation — US Postal Service re: Plans for Reading Post Office — Postmaster Jeannie O'Brien and USPS Real Estate Specialist Joseph Mulvey were present. The Town Manager noted that he asked the USPS to include the Town in the process and he also toured the building. Mr. Mulvey noted that the Postal Service is proposing to relocate (not close) the Reading Post Office to a yet to be determined location. They propose to find a new location for the retail and to move the carrier to the facilities in Woburn. If they do that they will sell the building. The USPS is trying to reduce expenses and generate revenues. He will be taking comments until April 24, 2013 and after the comment period a decision will be made. Anyone can appeal the decision. They have an exclusive broker who has the property up for sale. They will not move without a buyer for the building and they won't sell without a relocate location. John Arena asked what valid grounds for appeal were and Mr. Mulvey noted that typically if the building is on the national register that would be grounds for appeal. This building is not on the national register, but has the ability to be. Marsie West noted that the fact sheet indicates that the building is on the national register and the Town Manager noted that is incorrect. It is on the Town's historic list. Daniel Ensminger asked if they plan on keeping all the retail, including the boxes, and it was noted they do. Ben Tafoya noted the existing retail service is an anchor core in downtown and he doesn't want to lose the traffic in downtown. He requested that they try to maintain the operation as is and any proposal to maintain the retail at that location should be considered. Marsie West noted she feels it is important to keep the retail where it is, but not to commit on the back office. Board of Selectmen Minutes—April 9, 2013 —page 5 James Bonazoli noted it should stay in the 40R district. Daniel Ensminger asked if any locations have been sold and leased back the retail part. Mr. Mulvey indicated in West Hartford, CT a bank took over the rest of the building. The Town Manager noted that there are 60 dead parking spaces at the Post Office and they are valued at $26,000 per space. Historical Commission member Virginia Adams requested that the Board ask for an extension on the comment period. She noted that is a fine building with architectural detail. The structure is the focus of the community. She feels it would be nice to have covenants on the structure. James Bonazoli asked about extending the comment period and Mr. Mulvey indicated that the historical process has been going on for more than 60 days. Once the comment period ends then there is an appeal period and then there's another comment period. Daniel Ensminger requested a copy of the historic report. The Town Manager indicated he will draft communication for the Selectmen's meeting on April 23 and he will copy the Historical Commission. The Town Manager asked what the time frame is and Mr. Mulvey indicated a minimum of one year to a maximum of three years. Hearing — Liquor License Application — Portland Pie, 54 Haven Street — The Secretary read the hearing notice. Joe O'Neil, Chief Operating Officer of Portland Pie, noted that they are a Maine based company specializing in pizza. The have three locations around Portland and two in New Hampshire. There will be two dining areas — one for family and one with bistro high dining. There will be a double sided fireplace and they are proposing 20 seats outside. It is a family friendly restaurant and they give back to the community. His restaurant will create 50 new jobs. The Town Manager noted that CPDC approved the site plan. The liquor license is for both indoor and outdoor. Staff is looking at the outdoor seating in relation to Zinga who has outdoor seating. Daniel Ensminger asked if the wait people have TIPS training and if there is any history of serving to minors at the other locations. Mr. O'Neil indicated that each wait person will be trained before opening and there have been no violations at the other locations over the past 16 years. John Arena asked if they are using non-breakable dinnerware outside and Mr. O'Neil noted that is their intention. The Town Manager noted that the Selectmen regulations don't allow plastic ware. James Bonazoli asked the intent of not allowing plastic ware Board of Selectmen Minutes—April 9, 2013 —page 6 and the Town Manager noted it is basically for dining in establishments not restaurants like McDonalds. Ben Tafoya asked who the onsite Manager will be and Mr. O'Neil indicated that his best Manager, Charlie Clement, will be. James Bonazoli noted that RCASA will be looking for a partnership. A motion by Ensminger seconded by West that the Board of Selectmen close the hearing on an application for an All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b/a Portland Pie Company, 54 Haven Street. Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b/a Portland Pie Company, 54 Haven Street was approved by a vote of 5-0-0. A motion by Tafoya seconded by West that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for Reading Pie LLC d/b/a Portland Pie Company, 54 Haven Street for a term expiring December 31, 2013 subiect to the following conditions: • All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager. The motion was approved by a vote of 5-0-0. The Town Manager indicated he will put the conditions of plastic ware on the actual license. Review Town Meeting Warrant Articles — The Town Manager reviewed the Articles on the Town Meeting Warrant. Daniel Ensminger asked for details regarding Article 13 — settlement of litigation. The Town Manager noted that this is a suit between TLT, the Town and the Project Manager of the High School project. It stems from HVAC problems and the Town insisted the General Contractor fire the subcontractor. The total cost is $72,000. On Article 24, John Arena noted that this is a remedy to the gap of referendum to have the Town Clerk prepare the forms and adjust or clarify the days. He is willing to defer the language on days. Ben Tafoya indicated he doesn't feel a need for Article 24 right now. Marsie West noted it is very difficult to draft correct language and she supports it. A motion by Tafoya seconded by West to recommend the subject matter of Articles 4, 5, 6, and 8 — 22 of the 2013 Annual Town Meeting Warrant was approved by a vote of 5-0-0. Board of Selectmen Minutes—April 9, 2013 —page 7 A motion by West seconded by Ensminger to recommend the subject matter of Article 24 of the 2013 Annual Town Meeting Warrant was approved by a vote of 4- 1-0 with Tafoya against. Approval of Minutes A motion by Bonazoli seconded by Arena to approve the minutes of February 26, 2013 was approved by a vote of 3-0-2 with Ensminger and West abstaining. A motion by Bonazoli seconded by Tafova to approve the minutes of March 5, 2013 was approved by a vote of 3-0-2 with Ensminger and West abstaining. A motion by Bonazoli seconded by Tafova to approve the minutes of March 26, 2013 was approved by a vote of 3-0-2 with Ensminger and West abstaining. A motion by West seconded by Tafova to adjourn the meeting at 10:50 p.m. was approved by a vote of 5-0-0. Res lys bmitted, S,oScyztary