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HomeMy WebLinkAbout2013-01-08 Board of Selectmen Minutes Board of Selectmen Meeting January 8, 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 Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Youth Liaisons Eric Johnson and 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: Everett and Virginia Blodgett, Bill Brown, Stephen Crook, Eilish Havey, Naomi Kaufman, David Crowley. Reports and Comments Selectmen's Liaison Reports and Comments — James Bonazoli noted that the Town Manager Screening Committee is meeting next Wednesday. The Recreation Committee is meeting next door for a request to use amplified sound at Castine Filed the last weekend in January. Eric Johnson noted that the junior class at the high school is not taking midterms this year. They are doing a real time project that consists of problem solving. The boys and girls basketball teams are having a good season. He also noted that the Interact Club did a day at Rosie's Place preparing and serving food. Mary Kate Kelley noted that the Interact Club is doing a Polar Plunge this year in Gloucester. Richard Schubert noted he had office hours this evening and Bill Brown and the Town Manager helped him pass the time. Stephen Goldy noted that Reading Rotary is sponsoring a Taste of Metro North in the field house this year. Public Comment — Bill Brown suggested that when the Warrant Article on the Library goes before Town Meeting they need to have the full picture of all projects coming up. Mr. Brown also noted that he feels the Town is missing the opportunity to add to affordable housing by not selling the Oakland Road property. Town Manager's Report—The Town Manager gave the following report: Administrative matters ♦ Volunteers are needed for the Bylaw Committee and Zoning Board of Appeals ♦ Nomination papers for elected positions are available at the Town Clerk's office ■ Due 2-12-13 Board of Selectmen Minutes—January 8, 2013 —page 2 ■ Withdraw by 2-28-13 ■ Election 4-2-13 ♦ RMLD General Manager Vinnie Cameron will be on vacation starting Monday, January 14, 2013 extending through the end of February, 2013. After his vacation ends, he will be retiring. Kevin Sullivan will be the interim General Manager. The RMLD Board and the General Manager Search Committee are continuing to work on hiring a permanent General Manager. Community Services ♦ The Board of Selectmen Chairman has a document to sign for the transfer of an affordable housing unit at Maplewood Village — there is a substitute deed rider which has been recommended and approved by DHCD. The unit remains an affordable unit. ♦ Zoning Bylaw amendments done last fall have been flagged by the Attorney General — the Town failed to give the hearing notice to DHCD, MAPC and abutting communities. This is not unusual and we have applied for a waiver. ♦ Preliminary application for a 40 b or LIP program on north Main Street has been received and has been reviewed by staff. We are expecting a revised plan and staff will then prepare a report to the Board of Selectmen. ♦ Mawn (M.F. Charles building) interior demo permit issued. Known tenants are Orange Leaf frozen yoghurt, Bunratty's Irish pub, and the Northern Bank and Trust. ♦ Perfecto's is revising the plan and applying to the Planning Commission for the amended plan Finance ♦ Tax Assessment. There will be re-inspections of up to 3,600 properties this winter/spring, beginning next week. ♦ FY 2014 Budget process has started and the Governor has made 9c reductions in FY 2013 budget. ♦ The Town has received the quarterly payment for the meals tax in an amount of just under $87,000, which is almost $350,000 annualized. ♦ The Town recently received payment of over $51,000 from the MIIA Rewards program which is a reimbursement of Property and Casualty and Workers Compensation insurance premiums for risk management efforts undertaken by employees and officials of the Town. Public Safety ♦ Remedial work at the main Fire HQ building has been done to reinforce the floor. ♦ We have 3 Police Officer recruits starting the 26 week Police Academy on Monday, January 14. ♦ RCASA event February 13 at 7:30 PM—at the IMAX Theater at Jordan's Furniture. Public Works • We are requesting approval from the MWRA Board to be able to draw down enough of our allocated but not released interest free loan money for water distribution improvements in order to do our highest priority projects under the water distribution master plan. Board of Selectmen Minutes—January 8, 2013 —page 3 • Mineral Street bridge—moving utility poles out of sidewalk. • East Haven Street - lighting remains to be completed. • Repaired street lighting on Main Street north of Washington Street — the problem was a broken conduit. • Crosswalk repair—done. • Poet's Corner - sub drain has been installed. Sewer replacement has begun. Paving in the spring. • Compost Center will be open January 19 for Christmas trees and left over leaves etc. • Holiday lighting display is being removed, signaling the end of the holidays for another year. Thanks to DPW and Fire for installing these lights annually. Upcominge : ♦ MLK Celebration—January 21, 2013 ♦ Special Town Meeting—January 28, 2013 Bob LeLacheur noted that there is a chart on page 15 of tonight's handout and the Town has received record meals tax. This is a steady and reliable source of income. He also noted that reverse 911 calls will be sent out to notify residents of tax assessment re- inspections. Discussion/Action Items Review Fingerprint Bylaw — The Town Manager noted that the issue is how the new fingerprint bylaw applies to Class 2 and 3 licenses. Some of the Class 2 and 3 licensees had concerns regarding CORI's and driving history. Police Chief James Cormier noted that second hand articles are popular for illegal activity. He recommends to the Board of Selectmen that checks be done. Class 2 licenses are to sell used vehicles and Class 3 includes used parts. Fingerprinting allows the Police Department to check with other states to make sure that applicants don't have issues out of state. He will bring back some suggestions to the Board of Selectmen on procedure. John Arena noted that his recollection from Town Meeting was related to safety and well being of residents regarding taxis and ice cream trucks. He is stunned to hear that used cars are included in the bylaw. He indicated this could apply to real estate agents also and this actually covers a wide scope. Chief Cormier noted that realtors are not licensed by the Board of Selectmen so it is not included. The Town Manager noted that junk/precious metal licensees are also included. The Town Manager noted that one licensee indicated that when they received their dealer plate the Registry of Motor Vehicles sent out a State Trooper to do an inspection. Chief Cormier noted he will find out what the State and Federal agencies are already doing. He also noted that not all Class 2 and 3 licensees have dealer plates. Ben Tafoya indicated it would be helpful to have a list of licensees and he would like to know what surrounding communities are doing. Chief Cormier noted that if the Board of Selectmen Minutes—January 8, 2013 —page 4 surrounding communities do not have these regulations in place they are in the process of having them. Class 2 license holder Gordon Simpson from Reading Auto Sales noted that the fingerprinting seems like an infringement. He has no problem with the CORI, just the fingerprinting. Richard Schubert asked how long the fingerprinting takes and Chief Cormier noted that it can be done any time of day or*night and it is very fast. It is done electronically and the fingerprint is not stored — it's used once then it's gone. The results go back to the applicant. The cost is $100. Chief Cormier noted that he is drafting regulations and this will be brought back to the Board of Selectmen. 2014 Priority for Sidewalk — Vine Street or Prescott Street — The Town Manager noted that the Selectmen set the priority grid for sidewalks and he needs to know which one is a higher priority. He noted that residents want a sidewalk from West Street to Summer Avenue and that costs $85,000 for one side. The other option is Vine Street from Mineral Street down to High Street and the cost for that is $118,000. The PTTTF recommends Vine Street as the higher walking area. After some discussion among the Board the consensus was to go with Vine Street. Close the Warrant — Special Town Meeting—The Town Manager noted that the Warrant consists of 10 Articles. Article 7 has two separate motions. This is in regard to the property to the north of Audubon Road and the property owners are not ready to purchase. Article 8 is an easement for a bus shelter in front of Stop and Shop on Walkers Brook Drive. Article 9 deals with an easement issue on Summer Avenue where the property owner built an addition to the house on the easement so the easement will be shifted. Article 10 is to amend the Bylaw to allow for electronic billboards. The only place allowed is the Mobil Station on West Street. There will be a host fee to the community on an annual basis. Richard Schubert noted that if there is no benefit to the community then he can't support it. The Town Manager noted that this will also eliminate three billboards in Reading. Ben Tafoya noted that we shouldn't put this on the Warrant until we know what we are getting and Stephen Goldy indicated we can't do that because we are in negotiations. Ben Tafoya had concerns that the Town is engaging in sensitive negotiations and the Selectmen have not had a chance to talk publicly about the criteria. James Bonazoli noted Board of Selectmen Minutes—January 8, 2013 —page 5 that this was discussed two years ago when the Board was investigating revenue sources. Ben Tafoya indicated the last time this was reported to the Board they were told that the State said it was not feasible. Furthermore, he doesn't like this methodology and asked what the sense of urgency is for putting this on the Special Town Meeting Warrant. The Town Manager noted it was due to the changes that the State made in the regulations. John Arena asked what changes the State made and the Town Manager noted that the State allowed two billboards to help develop the regulations. John Arena noted that the last he heard about this was at a financial forum and there was only one location in Town and it was not feasible. Article 6 - Bob LeLacheur noted that the numbers have changed in the Library article. The bottom line has increased $2.7 million to a total of$14.5 million for the project. The dollar amount that the state approved is $5.1 million and that number does not change because the estimate changes. The increase to the homeowner's tax bill will increase from $104 to $140. The contingency was low at 6 — 7% when it should have been 12 — 15%. Also, the costs for moving and temporary re-location are almost $400,000 higher than the estimate. Ben Tafoya noted that the Library went through a multi-stage process and he asked what it would cost if we don't do the project. The Town Manager noted it would be the cost of gutting the existing building and adding square footage. John Arena noted that he is astounded that repair costs don't exist. Ben Tafoya asked who would be sponsoring the Library project. James Bonazoli noted he would like to know the school numbers for their projects. John Arena asked if we could strike Article 6 from the Warrant and it was noted we could not because that is the reason for the Special Town Meeting. Stephen Crook noted that as a Town Meeting Member he was only going to fix what it needed. He also noted that if it is not on the Warrant it can't be discussed. A motion by Bonazoli seconded by Schubert that the Board of Selectmen close the Warrant consisting of 10 Articles for the Special Town Meeting to be held on Monday, January 28, 2013 at 7:30 p.m. at the Reading Memorial High School Performing Arts Center, 62 Oakland Road was approved by a vote of 5-0-0. Hearing — Change of Manager — Macaroni Grill — The Town Manager noted that the Board of Selectmen were required to approve a change in Manager. John O'Brien was hired one year ago and the hearing is supposed to happen before the change in Manager. John O'Brien noted that he replaced Josh Henderson and any changes in the future will be timelier. Board of Selectmen Minutes—January 8, 2013 —page 6 Stephen Goldy noted that Macaroni Grill has had health issues and the Town Manager noted that the Macaroni Grill is paying a hefty fine and the issues have been resolved with the Board of Health. James Bonazoli noted that they might be separate issues but it still falls under management. If negative management continues then they should come in at renewal time. A motion by Bonazoli seconded by Tafoya that the Board of Selectmen close the hearing on the change of Manager for Mac Acquisition of Delaware d/b/a Macaroni Grill from Joshua Henderson to John O'Brien was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve the change of Manager for Mac Acquisition of Delaware d/b/a Macaroni Grill from Joshua Henderson to John O'Brien was approved by a vote of 5-0-0. Hearing—All Alcohol Restaurant Liquor License for Bunratty's Tavern, 622 Main Street —The Secretary read the hearing notice. Mr. and Mrs. Havey were present. The Town Manager noted that staff has had a lot of discussion with Mr. and Mrs. Havey. The location is the M.F. Charles Building where Sense of Wonder used to be and also part of the alleyway. The application has been reviewed by Police, Health and Community Services. The Board might want to leave the door open for them to come back for an extension of the duty to perform if need be. Eilish Havey, 432 Park Street, North Reading, noted it is a family style tavern with traditional Irish food and setting. She will also apply for an entertainment license for live entertainment. The tavern will not be a club and there will be nobody under 21 on the premises after 9:00 p.m. She has worked the Irish scene in Boston and she has a fantastic record. The building needs to be sprinkled before they can get in and hopefully that will be done in 3 — 4 weeks. They have had no control over the delays. Their lease says they will have the space within three months. Stephen Goldy asked if both floors will be used and Mrs. Havey noted that the kitchen will be in the basement and there will be no public access to it. The Town Manager noted that he is skeptical that the landlord will meet the schedule but he knows that the owners will do their best. The issuance of the license is when the ABCC approves, not tonight. A motion by Bonazoli seconded by Tafova that the Board of Selectmen close the hearing on the application for an All Alcoholic Restaurant Liquor License for RKR Corp d/b/a Bunratty Tavern,622 Main Street was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve the All Alcoholic Restaurant Liquor License for RKR Corp. d/b/a Bunratty Tavern, 622 Board of Selectmen Minutes—January 8, 2013 —page 7 Main 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, ♦ Pursuant to section 3.2.1.6 of the Selectmen's regulations, Duty to Perform, The applicant ... shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. ♦ and subiect to a satisfactory inspection of the establishment by the Town Manager prior to opening for business. The motion was approved by a vote of 5-0-0. Hearing — Waiver of Hours of Operation for Snap Fitness — 30 Haven Street — The Secretary read the hearing notice. The Town Manager noted that David Crowley wants to open Snap Fitness at 30 Haven Street. The request is for 24 hours per day, 7 days a week or 4:00 a.m. opening. Also, Reading Athletic needs to have a hearing because they open at 5:00 a.m. but didn't seek approval. The Town Manager noted there is an email from a resident who is against a 24 hour operation. Resident David Crowley noted that he is interested in opening a health club at 30 Haven Street. Snap Fitness is a member-only key access club that is typically open 24/7. Stephen Goldy asked where it is located and Mr. Crowley noted right next to Zinga. Stephen Goldy asked about staffing and Mr. Crowley indicated they staff 70 — 75 hours per week. John Arena asked if the landlord had any concerns and Mr. Crowley indicated there will not be a lot of noise and the building has additional sound proofing. John Arena asked how the size of the facility fits for the number of members and Mr. Crowley indicated there are usually 10— 12 people there at a time. The Town Manager asked if there will be any spinning classes and Mr. Crowley indicated there will not be any blaring music—only TV volume with DVD's in a separate room. The Town Manager noted that the spirit of the Town's bylaw is for quiet until 6:00 a.m. Richard Schubert noted that custodial services is an issue and needs to fall within normal hours of activity. Board of Selectmen Minutes—January 8, 2013 —page 8 A resident from 64 Woburn Street noted that opening earlier than 5:00 a.m. is hard on residents. She does not want to see it open 24 hours but could deal with a 5:00 or 6:00 a.m. opening. A motion by Bonazoli seconded by Tafova to close the hearing was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6 am pursuant to Section 7.1 of the Reading General Bylaw to Snap Fitness at 30 Haven Street, subject 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. Customer and employee parking prior to 6:00 am shall be limited to Haven Street; 3. This approval expires at midnight, December 31, 2013; 4. 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. Hearing — Waiver of Hours of Operation for Planet Fitness 275 Salem Street — The Secretary read the hearing notice. The applicant was not present. A motion by Schubert seconded by Tafova to continue the hearing to February 12, 2013 at 8.00 p.m. in the Selectmen's Meeting Room was approved by a vote of 5-0-0. Discussion re: Re-Alignment of Parking Regulations to take into account the Municipal Use of the MBTA Lot on Vine Street — Safety Officer Justin Martel noted that the Town has gained 42 spaces of parking on Vine Street. More employee parking is needed and he is suggesting converting 14 two-hour spaces on Woburn Street. Overnight parking in the winter months is also an issue. He suggested increasing the resident permit/commuter parking by 42 spaces on Vine Street. Officer Martel noted that the PTTTF has also discussed no parking on Washington Street on one side and have decided to monitor that situation. Chief Cormier noted that the concern is whether there is enough room to get a fire truck down that street. Ben Tafoya noted that a lot of commuters park on Washington Street and he asked where they will go. Chief Cormier indicated hopefully to the 42 spaces on Vine Street. Board of Selectmen Minutes—January 8, 2013 —page 9 Richard Schubert asked if the leased spots in_downtown are filled during the day and Chief Cormier noted they are on a regular basis. Officer Martel noted that the Brande Court lot is used for overnight parking for residents of the flat iron building and they had discussed moving them but don't know how to deal with the snow plowing. Ben Tafoya suggested moving them to the spots in front of the depot for overnight parking. These parking regulations will be brought back to the Board as a hearing in February. Approval of Minutes A motion by Schubert seconded by Bonazoli to approve the minutes of November 20,2012 was approved by a vote of 5-0-0. A motion by Schubert seconded by Bonazoli to approve the minutes of December 4, 2012 was approved by a vote of 5-0-0. _A motion by Schubert seconded by Bonazoli to approve the minutes of December 11,2012 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Schubert to adiourn the meeting at 10:44 p.m. was approved by a vote of 5-0-0. Respectfully submitted �W Secretary