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HomeMy WebLinkAbout2013-05-21 Board of Selectmen Minutes Board of Selectmen Meeting May 21,2013 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 James Bonazoli, Vice Chairman John Arena, Secretary Ben Tafoya, Selectman Marsie West, and Selectman Daniel Ensminger, Town Manager Peter Hechenbleikner (arrived at 8:00 p.m.), Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Patricia Hansen and Christine Hansen. Reports and Comments Selectmen's Liaison Reports and Comments — Daniel Ensminger noted he attended the Historical Commission Delay hearing on 172 Washington Street. He suggests an agenda item for the Selectmen to talk about requiring agendas and minutes be posted on the website and for Committees to follow Robert's Rules of Order. Marsie West indicated she would like to see agendas posted ASAP and any Board, Committee or Commission changes in policies put online. Bob LeLacheur noted that the new website will be launched in June and there will be a new way to post agendas and minutes. Marsie West noted that if a Committee has a lot of interest their minutes should be online. She also noted that the Reading Municipal Light Board will be interviewing General Manager candidates tomorrow staring at 5:00 p.m. John Arena noted that regarding appointments to Boards, Committees and Commissions, he would like to bring incumbents in for an interview with the Volunteer Appointment Subcommittee especially if there are new applicants available. Ben Tafoya indicated that was fine and applicants can always come before the full Board if need be. James Bonazoli noted that his thoughts and prayers go out to the victims of the tornadoes in Oklahoma. He also reminded everyone of the Memorial Day events on May 27tH Public Comment — Patricia Hansen, 30 Haven Street, noted that people are standing outside her door smoking cigarettes and she wants signs put up saying no smoking within 25 feet of the building and she wants enforcement. She noted she is not the only person at 30 Haven Street with compromised health. Bob LeLacheur noted he will check with the Board of Health. Ms. Hansen indicated she spoke with Oaktree and they can control the inside but not the outside. Christine Hansen, Council on Aging member, offered her assistance regarding the problem with human trafficking. She has experience working with New Haven, Connecticut developing various ordinances. Board of Selectmen Minutes—May 21 2013 —page 2 Town Manager's_ Report—The Assistant Town Manager gave the following report: Administrative matters ♦ Sale of Real Estate - proceeds go into Sale of Real Estate fund for use for debt service, capital improvements, or funding unfunded pension liability. o The closing on the sale of the Town owned parcel of land at 50 Lothrop Road took place last week- $305,000. o Closings on 2 small parcels at Pearl Street and Audubon Road are scheduled for 5-31-13 - $14,800. o House lot on Pearl Street/Audubon Road is out for bid — minimum bid price is $200,000. For details and bid packet contact the Town Manager's office. ♦ The last day to register to vote for the June 25 election is June 5th at Town Hall —the Clerk's office with be open until 8:00 PM on June 5. ♦ Memorial Day—May 27—parade starts at 9:00 am. Details are on the web site. ♦ The zoning amendments approved at the Special Town Meeting in April have been approved by the Attorney General. ♦ The Town is now taking applications for appointment to the Town's Boards, Committees, and Commissions. The web site has all of the information on opportunities—see the lower right hand of the front page. Community Services ♦ The US Postal Service has deternlined that they will move forward with the relocation of the retail post office operations for Reading. Public Safety ♦ We are experiencing significant AM and PM back-ups in the square along Salem and Lowell Streets. Our consultant is doing counts on Main and Salem, Woburn, Pleasant, and Haven to see if we can adjust signal timing to move traffic through better. ♦ Tomorrow night, May 22, RCASA is sponsoring a program on Teen Dating Violence at 7 PM at the RMHS Performing Arts Center. Public Works • Street line painting - still have 3 to 4 more days to complete all traffic markings. All should be completed within the next week or two. • West Street: 100% design plans are complete, have been submitted to MassDOT, and this project is recommended by MPO staff to be funded in FFY 2014 — which begins October 1, 2013 (see attached portions of the draft TIP). • Roadway paving - contractor started on Haverhill Street and should start paving this week. • Batchelder Road, Boswell Road, and Irving Street reconstruction is well underway. Board of Selectmen Minutes—Mav 21 2013 —page 3 • Poets corner sewer and drainage work has been completed. Reconstruction of the roads has begun. • Drainage/sidewalk construction at Town Hall is underway. • The recycling and Household Hazardous Waste collections over the past couple of weekends have been a success—approximately 500 cars each weekend. • The Bancroft Avenue tennis court monitoring program is now in effect M-F, 5 PM to 8 PM. Proclamations/Certificates of Appreciation Recognition of Reading Members of the Rapid Response Team — Police Chief James Cormier noted that we had three officers assigned to duty in Boston the week of the April 15th Marathon terrorist attack. The three officers who are on the Rapid Response Team are Officer Matt Edson, Officer Michael Fitzgerald, and Officer Michael Lee. Chief Cormier noted that these officers are highly trained and they worked in 12 hour shifts throughout the week, including protecting the President, and assisting in the capture of the terrorists. Officers Matt Edson and Michael Fitzgerald gave an overview of their duties that week on the Rapid Response Team. Officer Michael Lee was unable to be present. A motion by Bonazoli seconded by Arena that the Board of Selectmen approve the Certificate of Recognition for Police Officer Matthew Edson as a member of the Rapid Response Team who responded to the Boston Marathon Bombing on April 15,2013 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Arena that the Board of Selectmen approve the Certificate of Recognition for Police Officer Michael Fitzgerald as a member of the Rapid Response Team who responded to the Boston Marathon Bombing on April 15,2013 was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Arena that the Board of Selectmen approve the Certificate of Recognition for Police Officer Michael Lee as a member of the Rapid Response Team who responded to the Boston Marathon Bombing on April 15, 2013 was approved by a vote of 5-0-0. Selectman John Arena left the meeting at approximately 8:00 p.m. Proclamation — Police Memorial Week — Chief Cormier was present to accept the proclamation. A motion by Tafoya seconded by West that the Board of Selectmen proclaim the week of May 12 — May 18, 2013 as National Peace Officers Memorial Week was approved by a vote of 4-0-0. Board of Selectmen Minutes—May 21 2013 —page 4 Personnel and Appointment MAPC Member Update - MAPC Representative Steve Sadwick was present. Mr. Sadwick noted that on April 10th there was a vibrant downtown meeting which was very successful. On May 14th there was a hearing on the Land Use Reform Act which is to reform the zoning act and subdivision reform. Ben Tafoya noted that the MMA voted to oppose several portions of that and Mr. Sadwick noted that he would be glad to come back to talk about that. Mr. Sadwick noted that the MAPC is co-sponsoring a forum with health agencies. The MAPC Annual Council meeting is May 29 and there is an energy forum on May 31 st. He also noted that MAPC will be looking for comments in June on the priority mapping project. Discussion/Action Items Approval of Town Manager Contract—Ben Tafoya noted that a subcommittee consisting of him, John Arena, Carol Roberts, and Town Counsel Gary Brackett drew up the contract. Goals and the Town Manager's evaluation will be done on a fiscal year cycle. Dan Ensminger asked if there was a time limit on Section XI and it was noted there was not. Ben Tafoya thanked the subcommittee for doing such a thorough job. A motion by Tafoya seconded by West that the Board of Selectmen approve the contract between the Town of Reading and Robert LeLacheur for services as Town Manager effective June 1, 2013, and expiring June 30, 2014 was approved by a vote of 4-0-0. Close Warrant for State Election — June 25th — A motion by Tafoya seconded by Ensminger that the Board of Selectmen close the Warrant for the State Election to take place on June 25, 2013 from 7:00 a.m. to 8:00 p.m. at the Hawkes Field House, 62 Oakland Road was approved by a vote of 4-0-0. Request for Installation of a Shed at Morton Field— Reading Baseball Club—Recreation Administrator John Feudo and Roy Fluttering were present. Mr. Fluttering noted that the modification is to move the shed to the left side. This is not a permanent structure. It is on a wood foundation and could be moved. It will house field care equipment and is 7 X 7 X 7.50 feet. John Feudo noted that Bob Keating has approved it. The other shed has been there five years and there have been no problems. He noted that moving the shed to the left allows RCTV to record the game. A motion by Ensminaer seconded by Tafoya that the Board of Selectmen approve a proposal entitled "MORTON FIELD STORAGE SHED PLAN PROPOSAL" undated, by the Reading Baseball Club consisting of one page of text and 3 pages of Board of Selectmen Minutes—May 21 2013 —page 5 graphics. In accordance with the submittal, this approval shall be subject to the following conditions (shed shall refer to the shed and the storage boxes): 1. The Reading Baseball Club shall secure a building permit at its expense, for the proposed work; 2. For elements of the plan that do not require a permit, installation shall be approved in advance by the DPW Parks/Forestry/Cemetery supervisor; 3. The Reading Baseball Club shall be responsible for all costs of installation, maintenance, and operation of the shed; 4. The shed shall be moved or removed upon 30 days' notice by the Town; 5. The location of the shed shall be at a site approved by the Recreation Committee; 6. The Recreation Administrator shall be provided with a key to the shed, and shall have the right to access the shed at any time; 7. The shed shall be used for storage of inert materials and equipment only, including hand tools, lime (for the field) and similar equipment and materials. There shall be no herbicide, insecticide, fertilizer, or other similar material, and no motorized equipment stored in the shed. There shall be no plumbing or electric service provided to the shed; 8. The Town shall not be responsible for theft, damage, or loss of the shed or its contents. The motion was approved by a vote of 4-0-0. Review/Approve Outdoor Dining License for Portland Pie 56 Haven Street — Charles Clement, Manager of Portland Pie was present. The Town Manager noted this is an annual license from the Selectmen. They can only occupy in front of their restaurant. Five tables are proposed and the fencing totally encloses the area. The fence will be weighted and will be removed in the winter time. One condition in the motion is to waive the glassware requirement for outdoors. James Bonazoli noted that a resident at 30 Haven Street had concerns regarding smoking and the Town Manager noted there is no smoking indoors or out at Portland Pie. A motion by Tafoya seconded by West that the Board of Selectmen approve the issuance of a license for the use of the public sidewalk in front of Portland Pie Company, 54 Haven Street, for outdoor dining, pursuant to Section 3.10 —Licenses for Utilizing Public Sidewalks for Outdoor Dining of the Selectmen's policies and in accordance with the application filed 1-7-13. The Board of Selectmen waives the requirement of section 3.2.2.2 (3.2.2.2—Requirements for Service of Food and Drink In licensed premises, all food and drink service shall conform to the following: ♦ Food shall be served on china, pottery or other solid dinnerware and shall use metal silverware. No plastic or paper dinnerware or silverware is permitted) and permits service in the outdoor dining area only that would not be subject to breakage, said dinnerware and glassware to be approved by the Town Manager. The license is valid through December 31,2013, and is subiect to the following Board of Selectmen Minutes—May 21 2013 —page 6 conditions: 1. Table, chairs and rubbish barrels will not be permitted to be located on the brick paved areas; 2. The licensee shall provide, maintain, and empty as needed, outdoor trash receptacles during the times that the licensed premises are open for business All trash receptacles shall be covered and trash removed nightly. The location of rubbish (and recycling if appropriate) bins and an operations plan shall be approved by the Public Health Administrator, and the locations of receptacles shall be shown on the plan; 3. The licensee shall be responsible for keeping the portion of the sidewalk subiect to an Outdoor Dining License clean and free of dirt, dust, and other debris. If in the opinion of the DPW Director this portion of the sidewalk needs to be power washed from time to time, the licensee shall be responsible for doing so. In addition, the Outdoor Dining Licensee shall be responsible for preventing and/or cleaning up litter from the licensed establishment in areas abutting the licensed premises; 4. The Outdoor Dining area is considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to anv other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 5. Furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. 6. All furniture and trash receptacles must be removed at the end of each season. 7. Furniture and trash receptacles shall be secured during night time hours in a manner acceptable to the Town Manager. 8. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers restrict pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. 9. Outdoor food preparation shall not be allowed. 10. The Outdoor Dining License shall be considered annually and shall expire on December 31 of each year, subiect to renewal. No facilities or furniture shall be placed on the licensed portion of the sidewalk except for the period between April 15 and October 31 of each year. 11. Within the period from April 15 to October 31, upon notification from the Department of Public Works or from Public Safety personnel that weather conditions or work to be performed on the property of the Town requires removal of the outdoor dining furniture, the applicant shall immediately remove all of its property associated with the Outdoor Dining License from the public property. 12. The owner and operator of the restaurant shall sign a License Agreement and shall provide a required Certificate of Insurance before issuance of the License and before commencement of any activities under the License. 13. The Licensee shall provide evidence of insurance as required by the Town Manager and by State Statute. Such insurance shall cover the use of all equipment related to the premises related to the Outdoor Dining License. Board of Selectmen Minutes—May 21 2013 —page 7 The Comprehensive General Liability Policy shall insure against all claims and demands for bodily iniury and property damage with respect to the sidewalk dining facilities and services, and the Town shall be named as an "additional insured" in all policies of such insurance A liquor liability insurance policy shall also be required. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the Outdoor Dining License. 14. The Licensee shall comply with all applicable laws (including the sign portions of the Zoning by-laws), rules, regulations, and conditions of other licenses and permits. The motion was approved by a vote of 4-0-0. Authorizing Payment of Legal Settlement as Authorized by Town Meeting — TLT — The Town Manager noted that the Chairman needs to sign three copies of the document. The monies are set aside in the school fund. A motion by Tafova seconded by West that the Board of Selectmen, acting pursuant to the vote under Article 13 of the April 22, 2013 Annual Town Meeting, approve the Settlement Agreement and Mutual Release and authorize the Chairman to sign said Settlement Agreement on behalf of the Town of Reading; and further, that the sum of $72,000 is authorized to be paid to TLT Construction Corporation in full and final settlement of the pending litigation was approved by a vote of 4-0-0. Confirmatory Vote by the Board of Selectmen Re: Eminent Domain Taking of Pearl Street — The Town Manager noted this is to correct a typo in the original Taking which referred to Reading as Rowley. A motion by Tafoya seconded by West that the Board of Selectmen approve the "Confirmatory Order of Taking, Lot A and Lot B portions of Old Pearl Street" to correct a scrivener's error on the initial order of taking was approved by a vote of 4- 0-0. Signing of Revised Deeds — Pearl Street/Audubon Road — The Town Manager noted this is related to the previous agenda item. A motion by Tafova seconded by Ensminger that the Board of Selectmen approve the signing of the quit claim deed for the sale of a 3,700 square feet of Town owned Property to Peter A. Genovese and Patricia A. Genovese; and that the Board of Selectmen approve the signing of the quit claim deed for the sale of a 3,700 square feet of Town owned property to Patricia Crowley. Both deeds correct deeds previously signed by the Board of Selectmen for these two properties, which deeds had to be corrected because of the scrivener's error on the taking of Old Pearl Street was approved by a vote of 4-0-0. Board of Selectmen Minutes—May 21, 2013 —page S Review Remote Participation for Public Meetings (per Open Meeting Law) — James Bonazoli noted that this topic was previously discussed. The Town Manager reviewed some of the requirements including the person needs to be well heard and cannot be chairing the meeting. There must be a quorum physically present and all votes are done on a roll call vote. Also, there are five reasons why remote participation is allowed. If the Board adopts then a policy will need to be established that will cover all the Boards, Committees and Commissions. Marsie West noted that this is a standard in the business environment and feels this is a good idea. Daniel Ensminger noted this would be a good recruitment tool. Approval of Minutes A motion by Tafoya seconded by West to approve the minutes of April 23, 2013 was approved by a vote of 4-0-0. James Bonazoli noted that this is Peter Hechenbleikner's last meeting and he thanked him for 26 years of hard work. A motion by West seconded by Ensminger that the Board of Selectmen adiourn the meeting at 8:53 p.m.was approved by a vote of 4-0-0. Respec ly submitted, Secretary