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HomeMy WebLinkAbout2012-10-23 Board of Selectmen Minutes Board of Selectmen Meeting October 23, 2012 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 PM in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert and Selectman James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Ralph Colorusso, Fred McGrane, Bob Quinn, Bob Nordstrand, Mark Cardono, Roberta Sullivan, Robyn Parker, Michael Rosati, Lori Doughty, and Jean Neary. Absent were Chairman Stephen Goldy and Selectman John Arena. Reports and Comments Selectmen's Liaison Reports and Comments —Richard Schubert wished a happy birthday and anniversary to those who are celebrating today. Public Comment—A resident from 152 Walnut Street spoke regarding the easement. He noted that the 80 year old homeowner signed the document granting the easement and all of the neighbors present are in favor of the easement. Petra Conboy of 35 Warren Avenue noted that she is a former member of the ad hoc Committee on Amplified Sound. She is curious as to the reason behind the Board of Selectmen's latest decision on flag football. She noted the policy states that "it is not intended for recurring events and the intent is to afford consideration to the neighbors." Ms. Conboy noted the neighbors were opposed so she would like to know when the Selectmen would not approve the use of amplified sound. James Bonazoli responded that what she read is guidance to the Recreation Committee and any variation goes to the Selectmen. When this Board looked at the application for Saturday from 4:00 to 8:00 PM the Board approved it. He noted that the concern was the overuse of the field in the fall time. Petra Conboy asked once again when a permit would not be issued and James Bonazoli noted that the Selectmen have to take each one case by case. The Board can't say broadly that no case will be approved. Kate Kaminer, former ad hoc Amplified Sound Committee member and member of the Recreation Committee, noted that the Board of Selectmen approved a policy in April 2012 on a 5-0-0 vote. She noted the subcommittee put a lot of work into creating the policy and all the Selectmen approved it but went against it on the first test. Board of Selectmen Minutes—October 23, 2012 —page 2 Ben Tafoya noted that it is a learning experience for the Board and also noted that her input would have been helpful during or before the hearing. Town Manager's Report—The Town Manager gave the following report: Administrative matters ♦ Volunteers still needed — for the Bylaw Committee; Finance Committee (2); Trails Committee; Historical Commission; West Street Historic District Commission; and Zoning Board of Appeals. ♦ Absentee Ballot applications are being accepted now until noon on November 51n Absentee Ballots are now available at the Town Clerk's office ♦ In your packet is a 2 page Election Day policy from the Town Clerk that addresses issues such as photography at the polling place, and firearms carried by off duty police officers, both issues that have come up recently. ♦ A petition for acceptance of Roma Lane has been received—for April ATM. ♦ I have included in your packet an email from MASS DOT regarding Routes 128/93. ♦ Walkable Reading has provided some information to the Board of Selectmen regarding the Mass in Motion program. Community Services ♦ Veterans Day will be observed on Sunday,November 11 at 11 AM on the common. A breakfast for veterans will be served at the Senior Center from 9:30 to 10:30 AM. ♦ 504 vaccinations against Influenza have been given as of today, October 23. Numbers from 2 of the 3 public clinics offered by the Reading Health Division were: • 222 flu vaccinations given at Killam School Clinic on 10/3. • 176 flu vaccinations given at Town Hall Clinic on 10/22. The last public clinic being offered by the Reading Health Division will be this Saturday, October 27 from 9:00— 11 AM at the Coolidge Middle School in the cafeteria. Finance • Medex renewal rates. Library ♦ The Town has learned that the State grant for the Reading Public Library has been approved, so the Town can now go forward and secure the local share of the funding (Proposition 2 '/2 debt exclusion) and then proceed with construction. Public Safety • Police Department Recertification. Public Works • Construction news from DPW: • An overlay of West Street has been done, improving the wearing surface where the water trench was dug several years ago. • Main Street between Washington Street and the RR tracks will be milled and overlaid within the next couple of weeks—night time work. Board of Selectmen Minutes—October 23, 2012—page 3 • Irving and Boswell Streets reconstruction will not be done this year—the preliminary work of lowering structures will have to be reversed for the winter. • Poets Corner sewer repair. • The Howard Street Curb and Sidewalk; Bancroft Avenue and Highland Street curb and sidewalk; Mineral Street bridge pole relocation. ♦ MWRA water line boring. ♦ Curbside leaf collection and hours of compost center. Bob LeLacheur noted that out of a $10 million health budget, $1.5 million is for Medex and the rates are down. We will save approximately $200,000. Police Chief James Cormier was present. He noted that the Police Department received their recertification. They met 151 standards. He gave special thanks to Sgt. Detective Mark Segalla, Sgt. Abate, and Police Officer Christina Almadora for their hard work. Proclamations/Certificates of Appreciation Girl Scout Silver Awards - A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Certificate of Appreciation for Laura White's Girl Scout Gold Award proiect was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Certificate of Appreciation for Amelia Collymore's Girl Scout Gold Award proiect was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Certificate of Appreciation for Christina Brzezenski's Girl Scout Gold Award proiect was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Certificate of Appreciation for Jessica Strack's Girl Scout Gold Award proiect was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Certificate of Appreciation for Tessa Senders' Girl Scout Gold Award proiect was approved by a vote of 3-0-0. Boy Scout Eagle Scout Award—A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve the Certificate of Appreciation for David Scott Graham's Eagle Scout proiect was approved by a vote of 3-0-0. Personnel and Appointments Conservation Commission — A motion by Bonazoli seconded by Schubert that the Board of Selectmen place the following name into nomination for one position on the Conservation Commission with a term expiring June 30, 2015: Will Finch was approved by a vote of 3-0-0 and Mr. Finch was appointed. Board of Selectmen Minutes—October 23. 2012 —page 4 Discussion/Action Items Tax Classification Preview— Victor Santaniello was present. He is our shared Appraiser with Wakefield. He handed out a spreadsheet showing the impact of splitting the tax rate. Ben Tafoya indicated that he will want to see last years spreadsheet for the hearing along with the history of the rate and he wants to see the distribution of commercial values. Mr. Santaniello noted that he will go into detail on everything the Board needs to vote on. He indicated that the presentation he gives is available on the Town of Wakefield's website. The Town Manager asked how the conversion and inspections are going and Mr. Santaniello indicated the values have been patched from the CAMA System to the new system. He expects to produce values within the next week. Patriot Properties is available to do inspections and he will manage that. Bob LeLacheur noted that he me met with Steve Maio last week and he knows that Victor is not at the Wakefield Town Hall as often but the arrangement is working out fine. Hearing — Change of Manager — Longhorn Steakhouse #5325 — Manager Gary Cannon was present. The Town Manager noted that the application has been reviewed by all departments and everything is fine. Mr. Cannon indicated that he has been in the restaurant business since 1998. Ben Tafoya reminded Mr. Cannon that compliance checks are done and asked him to be vigilant. Mr. Canon noted that they don't get much of a bar scene because they are a family restaurant and the corporate policy is to ID if under 30. A motion by Schubert seconded by Bonazoli that the Board of Selectmen close the hearing for the Change of Manager for the Longhorn Steakhouse #5325 was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the change of Manager for the Longhorn Steakhouse #5325 from Leigh A. Bull to Gary Cannon was approved by a vote of 3-0-0. Approval of Local Action Units — Johnson Woods Affordable Housing — The Town Manager noted that the Board needs to approve the local action units for Johnson Woods. Attorney Brad Latham and Lottery Agent Judy Epstein were present. Attorney Brad Latham noted that 19 units have to be affordable units. He will submit the application to DHCD and then they will be added to the Town's inventory. Phase I has been approved already. Board of Selectmen Minutes—October 23, 2012 —page 5 Richard Schubert noted that this is a special permit and asked if the time frame is in perpetuity and if we reinforce that. Bob LeLacheur noted that it is in perpetuity and the deed will reinforce. Ben Tafoya asked if Phase 1 was done and Judy Epstein indicated it was not but some of the units have closed. She will go back to the original list and if everyone has moved on she will do a new wait list. Richard Schubert asked if she can share the lottery list with other developments and Ms. Epstein noted that each project is required to do some marketing and outreach. She will put it on the state and Town's website. A motion by Schubert seconded by Bonazoli to approve the local action units for Johnson Woods, Phase II consisting of 19 affordable units was approved by a vote of 3-0-0. Hearing — Establishment of Town Manager Screening Committee - The Secretary read the hearing notice. Human Resource Administrator Carol Roberts was present. Ben Tafoya noted that the Board filled in the details last week and the composition of the committee consists of: two Selectmen, the Superintendent of Schools, one Finance Committee member, one Department Head and two public at large. James Bonazoli asked about the timeline for making a decision and it was decided to make the final decision at the end of February 2013 due to the upcoming election. The consensus of the Board was to appoint all members at once and for the full Board to make the appointments instead of the recommendation of the Volunteer Appointment Subcommittee. Finance Committee Chairman David Greenfield asked if the Selectmen are asking for names or name from the Finance Committee and it was suggested that the Finance Committee submit what they want because there are public seats open too. The Board decided to hold a meeting on November 14, 2012 to conduct interviews and to have all applicants present except for the Superintendent of Schools and Department Head. Carol Roberts noted that the Board has not discussed the new Town Manager's salary yet and it was noted that will be done after the candidate profile is established. A motion by Bonazoli seconded by Schubert to close the hearing establishing the ad hoc Town Manager's Screening Committee was approved by a vote of 3-0-0. Review/Action on Warrant Articles — The Town Manager noted that Article 8 is an easement and the map shows the proposed easement. A letter was received agreeing to certain conditions that are reasonable. Board of Selectmen Minutes—October 23, 2012 —page 6 The Town Manager noted that Article 3 is the Capital Improvement Plan and he is proposing moving the Birch Meadow pavilion out one year. A motion by Schubert seconded by Bonazoli to recommend the subiect matter of Article 3 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. In Article 4 the $350,000 for downtown improvement design will be taken out. Bob LeLacheur noted that the schools will be asking for the modular money to be used for an expanded feasibility. A motion by Schubert seconded by Bonazoli to recommend the subiect matter of Article 4 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. Article 6 is to transfer Smart Growth money to the stabilization fund. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 6 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. Article 7 is to put $50,000 in the sick leave buyback fund. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 7 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. Article 8 is an easement. The Town Manager noted that the map shows the proposed easement and a letter has been received agreeing to certain conditions that are reasonable. A motion by Schubert seconded by Bonazoli to recommend the subiect matter of Article 8 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. Article 9 is to authorize debt for sewer inflow and infiltration. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 9 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 11 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. Article 12 will prohibit the collection of rubbish between 9:00 p.m. and 6:30 a.m. within 100 yards of commercial zoned districts. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 12 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0. The Bylaw Committee met last week and recommend some changes to Article 13. The Bylaw Committee focused on the Historical Commission comments. A motion by Bonazoli seconded by Schubert to recommend the subiect matter of Article 13 of the 2012 Subsequent Town Meeting Warrant was approved by a vote of 3-0-0 failed by a vote of 1-2-0 with Tafoya and Schubert opposed. Article 14 restores noncriminal disposition and establishes fines for the Conservation Commission. James Bonazoli noted that the fines are for something that hasn't been Board of Selectmen Minutes—October 23, 2012 —page 7 approved. He doesn't feel the Conservation Commission has complied with the Board of Selectmen wishes because they still have overwhelming regulations in the state. Hearing — Discontinuance of Portions of Jacob Way and Alteration of Jacob Way and South Street — The Secretary read the hearing notice. The Town Manager noted this establishes in the right-of-way what has been done on the ground. Town Engineer George Zambouras noted that the intersection of Jacob Way has been altered so we will discontinue the original and transfer it to Pulte. Pulte will deed 5 feet to the Town and discontinue a portion of the roadway; create the alteration of Jacob Way and add a portion to South Street. Paul McCarthy of 287 South Street noted that he couldn't figure out the language so he came to see what was being done. A motion by Schubert seconded by Bonazoli that the Board of Selectmen close the hearing on Discontinuance of a portion of Jacob Way and alteration of Jacob Way and South Street was approved by a vote of 3-0-0. Jacob Way Discontinuance A motion by Bonazoli seconded by Schubert that the Board of Selectmen, having determined and adiudged that common convenience and necessity of portions of the town way know as Jacob Way, in the location hereinafter described, is no longer necessary, and heard all persons present who desired to be heard, we have and do hereby discontinue portions of the town way for use of the town substantially in the locations along the northerly side line, of the town way known as Jacob Way. Said area is identified as Parcel 7 on said plan,the boundaries and measurements of said portion of the town way to be discontinued are as follows: Beginning at a granite monument to be set which is located on the north line of the relocated Jacob Way, a public,variable width right of way which is also the north west terminus of Jacob Way, as relocated; thence N 81004'28" E a distance of 476.02; thence 159.29' along a curve turning to the left with a radius of 280.00'; thence N 48028'45" E a distance of 163.99'; thence 29.19' along a curve turning to the left with a radius of 280.00'; thence 57.68' along a curve turning to the right with a radius of 250.00'; thence S 48020'26" W a distance of 134.38' to a granite monument to be set; thence 162.82' along a curve turning to the right with a radius of 285.00' to a granite monument to be set; thence S 81004'28" W a distance of 445.86' to a granite monument to be set; thence 31.76' along a curve turning to the right with a radius of 100.00' to a granite monument to be set which is located at the north west terminus of Jacob Way; Board of Selectmen Minutes—October 23, 2012 —page 8 which is the point of beginning, having an area of approximately 4,100 square feet,0.09 acres. including portions of the land described in a deed of Reading Property Holdings LLC to Pulte Homes of New England LLC dated February 11, 2011 recorded with the Middlesex South Registry of Deeds in Book 56455, Page 160. For further identification of this description and location reference is hereby made to a plan entitled "Alteration of Jacob Way and South Street" prepared by Marchionda & Associates, L.P. of Stoneham, MA, for the Town of Reading, dated October 23, 2012 and the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street Alteration Plan Reading Woods in Reading, MA" prepared For Pulte Homes of New England, LLC, 115 Flanders Road, Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South Registry of Deeds as Plan No. 327 of 2012. The motion was approved-by a vote of 3-0-0. Jacob Way Alteration A motion by Bonazoli seconded by Schubert that the Board of Selectmen, having determined and adiudged that common convenience and necessity require that a town way know as Jacob Way be altered, in the location hereinafter described, and heard all persons present who desired to be heard, we have and do hereby alter the town ways known as Jacob Way for use of the town. Said alteration is identified as Parcels 2, 3 and 6 on said plan, the boundaries and measurements of said town way as so altered are as follows: Beginning at a granite monument to be set which is located on south line of the relocated South Street, a public,variable width right of way which is also the north east terminus of Jacob Way, as relocated; thence S 24°50'44" W a distance of 85.36'; thence 102.52' along a curve turning to the right with a radius of 250.00'; thence S 48020'26" W a distance of 134.38' to a granite monument to be set; thence 162.82' along a curve turning to the right with a radius of 285.00' to a granite monument to be set; thence S 81004'28" W a distance of 445.86' to a granite monument to be set; thence 31.76' along a curve turning to the right with a radius of 100.00' to a granite monument to be set which is located at the north west terminus of Jacob Way; thence S 03119'02" E a distance of 45.22' to a granite monument to be set which is located at the south west terminus of Jacob Way, as relocated; thence N 81004'28" E a distance of 610.87' to a granite monument to be set which is located on the north line of State Highway Route 128 also known as Interstate Highway Route I-95; thence along the north line of said highway 209.82' along a curve turning to the right with a radius of 375.00'; Board of Selectmen Minutes—October 23, 2012 —page 9 thence N 33°26'28" E a distance of 193.93' to a granite monument to be set on the south line of South Street at the south east terminus of Jacob Way, as relocated; thence along the south line of South Street N 56033'32" W a distance of 58.96' to a granite monument to be set; which is the point of beginning, having an area of approximately 43,163 square feet, 0.99 acres. including portions of the land described in a deed of Reading Property Holdings LLC to Pulte Homes of New England LLC dated February 11,2011 recorded with the Middlesex South Registry of Deeds in Book 56455, Page 160. For further identification of this description and location reference is hereby made to a plan entitled "Alteration of Jacob Way and South Street" prepared by Marchionda & Associates, L.P. of Stoneham, MA, for the Town of Reading, dated October 23,2012 and the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street Alteration Plan Reading Woods in Reading, MA" prepared For Pulte Homes of New England, LLC, 115 Flanders Road, Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South Registry of Deeds as Plan No. 327 of 2012. The motion was approved by a vote of 3-0-0. South Street Alteration A motion by Bonazoli seconded by Schubert that the Board of Selectmen, having determined and adjudged that common convenience and necessity require that a town way know as South Street be altered, in the location hereinafter described, and heard all persons present who desired to be heard, we have and do hereby alter the town ways known as South Street for use of the town. Said alteration is identified as Parcels 4 and 5 on said plan, the boundaries and measurements of said town way as so altered are as follows: Beginning at a point located on south line of South Street, a public,variable width right of way and the east line of land now or formerly of Murphy; thence along land now or formerly of Murphy S 08°47'52" E a distance of 5.17' to a granite monument to be set; thence N 80144'14" E a distance of 68.49' to a granite monument to be set; thence 47.22' along a curve turning to the right with a radius of 75.00' to a granite monument to be set; thence 46.10' along a curve turning to the right with a radius of 30.00' to a granite monument to be set; thence S 56133'32" E a distance of 58.96' to a granite monument to be set which is located on the south line of Jacob Way, a public,variable width right of way; thence along the south line of Jacob Way the following two courses: N 33°26'28" E a distance of 120.95' to a granite monument to be set; 34.68' along a curve turning to the right with a radius of 40.00' to a point which is located at the south line of South Street; thence along South Street the following three courses: Board of Selectmen Minutes—October 23 2012—page 10 S 83007'18" W a distance of 128.34', S 06052'42" E a distance of 7.66'; S 81012108" W a distance of 147.66' to the point of beginning; having an area of approximately 9,409 square feet, 0.22 acres. including portions of the land described in a deed of Reading Property Holdings _LLC to Pulte Homes of New England LLC dated February 11,2011 recorded with the Middlesex South Registry of Deeds in Book 56455, Page 160. For further identification of this description and location reference is hereby made to a plan entitled "Alteration of Jacob Way and South Street" prepared by Marchionda & Associates,L P of Stoneham,MA,for the Town of Reading, dated October 23,2012 and the plan entitled"Modified Subdivision Plan of Land &Jacob Way/South Street Alteration Plan Reading Woods in Reading,MA" prepared For Pulte Homes of New England,LLC, 115 Flanders Road,Westboro,MA 01581, dated September 20,2011 and recorded with the Middlesex South Registry of Deeds as Plan No.327 of 2012. The motion was approved by a vote of 3-0-0. Approval of Minutes A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the minutes of October 9,2012 as amended was approved by a vote of 3-0-0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen adiourn the meeting at 10.00 p.m.was approved by a vote of 3-0-0. Respectfully submitted, Secretary