HomeMy WebLinkAbout2011-08-02 Board of Selectmen Minutes Board of Selectmen Meeting
August 2, 2011
For ease oJ'cn°c%ming, 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 i-iws taken tip by the Bocard.
The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Camille Anthony, Vice Chairman Stephen
Goldy, Secretary Ben Tafoya, Selectmen James Bonazoli and Richard Schubert, Town
Manager Peter Hechenbleilaier, Office Manager Paula Schena and the following list of interested
parties: Bill Brown, John Halsey, Thomas J. Ryan, Nancy Heffernan, Frank Driscoll, Global
Representative Steven Charron, Angela Binda and Police Chief James Cormier.
Reports and Comments
Selectmen's Liaison Retorts and Comments—Ben Tafoya noted that he has been working on the
Fall Street Faire Committee.
Stephen Goldy indicated he attended an MWRA meeting regarding the redundancy project. The
project is out to bid and construction will start in the fall. The construction will last for two
construction seasons. There will be blasting and there will be night work. The Town Manager
noted that as soon as there is a contractor, then a public meeting with the residents will be
scheduled.
,fames Bonazoli noted that there will be two 9/11 ceremonies — one from 10:00 — 11:00 AM at
the Reading Memorial High School and one from 11:30 AM to 12 Noon at the Town Common.
Camille Anthony noted that she and .lames Bonazoli met regarding raising funds for the Mattera
Cabin and they are talking about haunted hayrides in the Town Forest. She volunteered at the
Mattera Cabin this weekend and she attended the Oaktree groundbreaking.
Public Comment — Resident Bill Brown asked when the workshop on land will be and it was
noted it is on the agenda for August 23rd
Resident John Halsey indicated that he wanted to apply for a single permit for one night for the
EMARC fundraiser. He approached the recreation committee and they denied it. He felt it was
inappropriate to deny it and noted that the complaint about noise was coming from the other side
of the field the last time. Ile is unhappy with the process.
Camille Anthony noted that noise is a big issue right now. There is an issue with noise from the
bands also so everything is at a halt.
.James Bonazoli noted he's been working with Mr. Halsey but doesn't know when to bring it
back to the Board. I-le feels if it is a true test case then he should be allowed to play the music
otherwise the subcommittee will be creating rules on no basis.
Board of Selectmen Meeting_August 2 2011 -_Rage 2
Resident Thomas Ryan from Dana Road read the definition of recusal and noted that when a
Board member recuses himself, he should also leave the room.
Town Manager's Report-,rhe Town Manager gave the following report:
Administrative matters
o Customer Service survey results are in the Board of Selectmen packet.
o Conservation restriction -40 Sunset Rock Lane - the Selectmen need to sign.
A motion by Tafoya seconded by Goldy that the Board of Selectmen approve the
execution of and accept the "Grant of Conservation 12estriction to the Town of
Reading" granted 'by Donald A. and Melissa A. Pucci for the property at 40 Sunset
Rock Lane as shown on Exhibits A and 13 to the Conservation Restriction documents,
was approved by a vote of 5-0-0.
o City of Boston proposed truck hazardous materials routing.
o Error in school days- Wood End School.
o Assistance to Reading, KS.
Connmu�nity,&rvices
® Conservation Commission review of bylaw and regulations. littp:Hreadingma-
stn•v_e.)/.�,irtualtown.11all.net/slu•vey/sid/l b21 bOd l c20b8d 14/
o As of today we have received $4,384.50 in additional donations for the Veterans Flowers
trust fund.
o E-Cars on the former Artist Shoppe site-Under Construction.
o Oaktree-tinder construction.
o AWP— Pulte Domes—Under construction.
o Calereso's - under construction.
o Pierce Organ factory Town approvals.
o Office re-use - MassBank building next to the Olde Reading Butcher Shoppe - under
construction.
Finance
®
Three months of meals tax equaling $74,680.92 is scheduled for payment by end of.Tune -
this is well above our FY12 budget of$150,000 for the whole year.
Library
® Future of building project.
o Vehicle Day at the Library -Tuesday August 16, 7:30-9:30 am.
o E-books and downloadable materials are available at the RPL-circulation has increased
over 80%.
Public Safety
e RCA - Reading Community Alerts- Sign up for "opt in" feature.
Public Works
o MWRA water interconnection with Stoneham -work this fall -completion summer 2012.
Board of Selectmen Meeting— August 2, 2011 — page 3
® Rubbish and recycling — what to do if you have an event that will create more rubbish than
the limit--contact ,1RM for a special pick up — up to 5 bags for $10.
® Installation of sample tree well material in downtown —2 trees.
® Paper Shredding, Rigid Plastics recycling—Fall program by popular demand 9/24/11.
® From FY10 to I,Y1 I trash tonnage is down 15%, equaling an approx. $80,000 savings.
® Recycling is up 18%, and is approaching 30% from approx. 20% in FY10.
® We now have 2 `Big Belly" solar trash compactors/recycling units in Town.
® Household Hazardous Waste Collection 9/24/11 in Wakefield.
® Fall leafcollection - 10/31-11/4, 11/14-11/18, 11/28-12/2.
® MWRA water redundancy project—under design.
® MASSI)OT is beginning the design process for resurfacing Main Street. It was last done in
1986. Work not expected to be done for at least a year.
® Signaliration of Main and Hopkins Street.
Constructionrp ojects
+ Causeway Road —Preparatory work is done—pending roadway paving schedule.
o Roadway Paving: Micro-Seal, the contractor, is coming in tomorrow to review the
roadways. We will have a better idea of his schedule after we meet. Aggregate is still
preparing the mix designs. When we spoke to them last week they still had over half the mix
designs to complete. Doubtfllll they will start any pavement before the end of August.
* Memorial Park: DPW has cleaned the majority of the drainage channel, minor work
remains. We will be getting prices from contractors next week to repair\rebuild loose
masonry.
® Haverhill Street Water Main: Bids taken — low bid was $1,032,000 - well below the
estimates. MWRA zero interest loan.
® River Study RFP: Committee will interview the final 2 candidates next week; and will have
a final selection the end of next week.
® Storm Water Mapping: Committee will interview the final 4 candidates next week; and
should have a final selection the end of next week.
Proclamations/Certificates of Appreciation
Recognition of Service of Volunteers Serving Five or More Years Mary Anne Kozlowski,
Margaret Soli, Stephanie Anderberg and Russell Graham were present to receive their
certificates. Camille Anthony noted the certificates are for volunteers retiring after five or more
years of service.
A motion by Tafoya seconded by Goldy to approve the Certificates of Appreciation for the
following volunteers who are retiring with five years or more service — Clark Petsehek,
Colleen Seferian, Stephanie Anderberg, Tracy Sopehak, Stacy Bertocchi, Russell Graham,
Margaret Soli, Christopher Campbell, Mary Anne Kozlowski, John Winne was approved
by a vote of 5-0-0.
Personnel and Appointments
Approval of Board of Selectmen Liaison Assi nng tents — Camille Anthony noted that each
Selectman should call the Chairman of each Committee they are liaison to.
Board of Selectmen Meeting—Au )ust 2, 2011 -_page 4
A motion by Tafoya seconded by Goldy that the Board of Selectmen approve the liaison
assignments for FY2012 as presented,was approved by a vote of 5-0-0.
Appointments to Board of Health Historical Commission Recreation Committee and Zoning
Board of A121�Leals—.Tames Bonaroli gave a report to the Board regarding the applicants.
A motion by Tafoya seconded by Goldy that the Board of Selectmen accept the report of
the Volunteer Appointment Subcommittee and confirm the following appointments to the
following hoards, Committees and Commissions:
♦ Andrew Friedman to a position on the Board of Health for a term expiring
June 30, 2014;
♦ Richard Hand to a position on the Recreation Committee for a term expiring
June 30, 2014;
♦ J_anann Ali to a position on the Historical Commission for a term expiring
June 30, 2014;
♦ Damase Caouette to a position as a full member on the Zoning Board of
Appeals with a term expiring June 30, 2014.
The motion was approved by a vote of 5-0-0.
Discussion/Action Items
Follow up on Consideration of a Policy Establishing a Committee on Amplified Sound in Parks
— The Town Manager noted that he changed the terms to expire December 31. It is a seven
member committee. There was discussion among the Board regarding the School Committee
being represented on the Committee and the liaison will reach out to the School Committee. The
Town Manager will schedule a hearing on August 23, 2011.
[fearing —Name Change for Gasoline Storage License — Mobil to Global — 178 Main Street and
1330 Main Street—The Secretary read the hearing notice.
The Town Manager noted that the two Mobil stations are changing their name and ownership.
The only issue is if they change their signs they need Town permission.
Global Representative Steve Charron noted that the same individuals will be running the stations
and will continue to be Mobil stations for some time.
Ben Tafoya noted that there were issues with signs at one time and the new owners need to be
aware of the issues.
Steve Charron noted that the standards are expected to be maintained. The property manager
visits each location monthly and would address those issues.
A motion bj, Goldy seconded by Tafoya that the Board of Selectmen close the hearing on
the name change for the Gasoline Stora€;e Licenses at the Mobil Gasoline Service Stations
at 178 Main Street and 1330 Main Street to Global was approved by a vote of 5-0-0.
Board of Selectmen Meeting—Au�u� st 2, 2011 page 5
A motion by Goldy seconded by Tafoya that the Board of Selectmen 'approve the name
change for the Gasoline Storage Licenses from Mobil Oil Corporation at 178 Main Street
and 1330 Main Street to Global Montello Group Corporation LLC was approved by a vote
of 5-0-0.
Approval of Internal Borrowing—Green Repair Program —Treasurer/Collector Nancy Heffernan
was present. She noted that the Green Repairs were for Killarn and Birch Meadow Schools and
the Town is better served borrowing internally until June 30`x'.
A motion by Bonazoli seconded by Tafoya that the Board of Selectmen approve the
internal borrowing for the Grcen Repairs Program for the Killam School roof and the
Birch Meadow windows as recommended by the Treasurer/Collector was approved by a
vote of 5-0-0.
Approval of Borrowing Water and Sewer Bonds -- MWRA Financing — The ]'own Manager
noted this borrowing is at 0% interest and is for inflow and infiltration and the Haverhill Street
water line.
A motion by Bonazoli secondee! by Tafoya that the Town Manager be hereby authorized on
behalf of the Town to enter into and to, execute a Loan Agreement and a Financial
Assistance Agreement with the Massachusetts Water Resources Authority (the
"Authority") and any other agreements as may be deemed necessary in connection with
the issue and sale of an interest free loan in the aggregate principal amount of a $222,200
Sewer Bond (the "Bond") to Authority;
That the Bond is authorized pursuant to Chapter 44, Section 7(1), of the General Laws, as
amended and supplemented, anti being a portion of the $404,000 Sewer Bonds authorized
by a vote of the Town duly adopted under Article 9 at the Subsequent Town Meeting called
for November 9, 2009, shall be an 'interest free loan in the aggregate principal amount of
$222,200 dated as of its (late of issue, and shall be payable $44,440 on August 15 in each of
the years 2012 to 2016, inclusive.
That the Town Manager be hereby authorized on behalf of the Town to enter into and to
execute a Loan Agreement and a Financial Assistance Agreement with the Massachusetts
Water Resources Authority (the "Authority") and any other agreements as may be deemed
necessary in connection with the issue and sale of an interest free loan in the aggregate
principal amount of a $2,050,000 Water Bond (the "Bond") to Authority;.
That the Bond is authorized pursuant to Chapter 44, Section 8(5), of the General Laws, as
amended and supplemented, and being a portion of the$2,285,000 Water Bonds authorized
by a vote of the Town duly adopted under Article 7 at the Subsequent Town Meeting called
foi- November 8, 2010, shall be an interest free loan in the aggregate principal amount of
$2,050,000 dated as of its date of issue, and shall be payable $205,000 on August 15 in each
of the years 2012 to 2021, inclusive, was approved by a vote of 5-0-0.
Board of Selectmen Meeting—August 2, 2011 —page 6
Designation of Monitoring Agent — Oaktree — Jennifer Van Campen from Watertown
Community I lousing noted that she has a fairly long history in Watertown. She noted that when
a developer is required to provide affordable housing they make sure the developer provides all
the proper documentation. She is looking forward to working on this 40R.
Richard Schubert asked Ms. Campen if she has worked with Oaktree before and she indicated
she had not. She noted that they cannot proceed without their plan and she has never met a
developer who didn't do it. Deciding the sales price and rent is the most loaded step.
A motion by Goldy seconded by Tafoya that the Board of Selectmen designate Watertown
Community IIousing,, Inc. as monitoring agent for the Oalctree Project at 30 Haven Street
was approved by a vote of 5-0-0.
Approval ol'Affordable Housing Trust T'tund Escrow Agreement — Oaktree (Joint meeting with
Reading I lousing Authority) — 1101.1sing Authority members Kevin Mulvey, Diane Cohen and
Mary Connors were present and called the meeting of the Housing Authority to order at 8:25
p.m. The Town Manager noted that the action required is a majority vote of the combined
boards.
.lames Bonazoli noted he spoke with Paul Ognibene at the groundbreaking today and he's hoping
they won't need the money. The project is moving along quickly.
A motion_by Tafoya seconded by Schubert that the Board of Selectmen and Reading
Housing Authority, acting as a committee of the whole, approve the execution of the
"Escrow Agreement" by and among Enterprise Banlc and Trust Company, Oalc-RJF 30
Flaven LLC, and the Town of Reading, allocating funds to support the affordable housing
portions of the Oaktree development at 30 Haven Street in an amount up to $200,000 from
the Town of Reading Affordable Housing Trust Fund was approved by a vote of 5-0-0.
A motion by Mulvey seconded by Connors to adjourn the meeting of the Housing
Authority at 8:37 p.m. was approved by a vote of 3-0-0.
Review of School 'Lone Flashers — The Town Manager noted that 23 years ago the Town
installed school zone flashing lights. They are now getting old and costly to repair.
Police Chief Jamcs Cormier noted that the plan is to not replace them as they fail. They would
replace them with high visibility signs instead, He noted that Angela Binda approached the
PTT'I'F about the Flashing lights on Summer Avenue.
Ben Tafoya noted that the light on Summer Avenue works, but at the wrong times. He also had
concerns that signs have a tendency to disappear over night. Chief Cormier indicated they will
replace any that become missing.
Chief Cormier noted that the regulations lay out the standards about placement of signs.
Angela Binda was present and asked that the trees be trimmed because they are hiding the signs.
Board of Selectmen Mectin –August 2, 2011_-pge 7
A motion by Bonazoli seconded by Goldy that the Board of Selectmen concur with the staff
recommendation to remove school zone flashing lights.from various locations'within the
community as the lights in the various locations become impractical to maintain was
approved by a vote of 5-0-0.
EIearing -- Ov's Violation of Liquor Policies - The Secretary read the hearing notice. Chief
Cormier and Detective Saunders were present.
Chief Cormier noted that this was a result o1' the compliance check process which notilys
violators in writing by a Constable. Constable Sally Hoyt tried to serve papers around 3:00 p.m.
and was told there was no Manager on duty. Detective Saunders returned with Sally Hoyt to
attempt once again to service and there was no Manager or anybody willing to take control when
alcohol was being served. Chief Cormier noted that the Selectmen have a policy requiring a
Manager on duty at all times while liquor is being served.
Kevin Ye, owner of Oye's, noted that he and his wife went to North Conway for a couple of
days. Pim was in charge and Yao Tang is also a manager. He indicated that Sally Hoyt asked
For the manager and Pim was in charge, but not the manager. I-1e noted that he works 80 hours
per week and never leaves his business alone. I-le feels this was a communication error and he is
sending all six people to training tomorrow.
Camille Anthony noted that the Selectmen's policy indicates either a principal or licensee must
be present at all times. There has to be a person available to the licensing authority or agent at
all times.
Kevin Ye indicated that Pirn is not strong enough to stand up to people. He asked her to watch
the place when he was not there but she's not the manager.
Richard Schubert noted that there is a language and culture difference and lie understands how
this would happen. He noted that it is important to have someone there to step up and take
charge. There must be responsible ownership on duty at all times. He suggested that they come
up with a plan to help them have the language skills that are needed. Richard Schubert asked
when the summons was Finally delivered and Chief Cormier indicated 4:00 p.rn. the next day.
Camille Anthony indicated to Kevin Ye that he could get sick tomorrow and be out for one
week. He needs to have someone in charge. Kevin Ye indicated that he, his wife and Yao Tang
are the three managers.
The 'town Manager noted that the manager has to be approved by the licensing authority. The
person needs to be able to run a liquor service and the Selectmen need names.
Richard Schubert noted that this is a result of a first violation of serving a minor and the license
was suspended. I-Ie is not in favor of another punishment at this time.
Board of Selectmen Mectinp,—August 2, 2011 --page-8
Stephen Goldy noted that he did have a supervisor on the premises and feels the wording in the
policy is open to interpretation. He suggests reaching out to all the licensees.
.James Bonazoli indicated he feels it is a clear violation and is in favor of finding him in violation
but not any further punishment at this time, He suggests that Mr. Ye come back in six months
with a clear policy and two managers that lie can speak with if need be.
Chief Cormier noted this is a clear violation and he doesn't believe that a language barrier
litigates not having someone in charge, lie indicated that the Selectmen's Policies sets out good
criteria and there are college courses for restaurant management and the rest is experience.
The "Town Manager suggested that Mr. Ye conic forward with a list of managers and credentials
in one week. l lc does not want to wait six weeks or months.
Camille Anthony stressed to Mr. Ye that a liquor license is a big responsibility and if there is a
language barrier then lie better work around it. Mr. Ye indicated he would find someone
qualified.
A motion by Goldy seconded by Bonazoli that the Board of Selectmen close the hearing on .
the possible modification, suspension or revocation of the Restaurant License to Expose,
Keep for Sale, and to Sell All Kinds of Alcoholic Beverages To be Drunk on the Premises
for KOK, Inc d/b/a Oye's, 26 Walkers Brook Drive, for violating Section 3.2.1.12 of the
Board of Selectmen Policies on June 27, 2011 to wit: Supervision Presence, was approved
by a vote of 5-0-0.
A motion by Tafoya seconded by Goldy that the Board of Selectmen find KOK, Inc d/b/a
Oye's, 26 Walkers Brook Drive, in violation of Section 3.2.1.12 of the Board of Selectmen
Policies on June 27, 2011. to wit: operating without the presence of the licensee, a Manager
or principal representative of the licensee,was approved by a vote of 5-0-0.
A motion by Tafoya seconded by Goldy that the Board of Selectmen requires KOK, Inc. to
provide the Town Manager with the names of employees assigned as Manager or Principle
Representative under Section 3.2.1.12 of the Board of Selectmen's Policies by August 16,
2011. The Town Manager shall determine if the qualifications of these individuals meet the
requirements of Selectmen and report back to the Board of Selectmen, was approved by a
vote of 5-0-0.
Order of Takings —Temple Street Woburn Street Washington Street, Prescott Street, Sunnyside
Avenue Riverside Drive Re; Safe Routes to School Project— The Town Manager noted that the
list of takings is in the packet and the total value is $35,300. The project will be bid in
September.
A motion by Goldy seconded by Bonazoli that the Board of Selectmen, acting under
authority of a vote of Reading Town Meeting pursuant to Article 8 of the Annual Town
Meeting held on April 25, 2011 and in accordance with Chapter 82 of the General Laws of
the Commonwealth of Massachusetts and acts in amendment thereof and in addition
Board of Selectmen Meeting,—Auk)ust 2 2011 —page 9
thereto, approves the Order of Takings for temporary easements and one permanent
easement to construct and reconstruct curb and sidewalks on portions of on Temple Street,
Woburn Street, Washington Street, Prescott Street, Sunnyside Avenue and Riverside Drive
for construction of the Safe Routes to School Project was approved by a vote of 5-0-0.
Approval of Minutes
A motion by rrai'oya seconded by Goldy to approve the minutes of June 7, 2011 was
approved by a vote of 5-0-0.
A motion by Tafoya seconded by Goldy to approve the minutes of June 21,_2011 was
approved by a vote of 5-0-0.
A motion by Schubert seconded by Goldy to approve the minutes of July 5, 2011 was
approved bN a vote of 3-0-2 with Tafoya and Bonazoli abstaining.
Afmotion bN., Goldy seconded by Tafoya that the Board of Selectmen go into Executive
Session to discuss Strategy}' with respect to labor negotiations: AFSCME DPW Union, Police
Officers and Police Superior Officers Union and approval of minutes and that the Chair
declares that an open meeting may have a detrimental effect on the bargaining position of
the body, and the Board will not come back into Open Session was approved on a roll call
vote with all five members voting, in the affirmative.
Respect !ly submitted,
Secretary