HomeMy WebLinkAbout2013-11-05 Board of Selectmen Minutes CSN OFRrgQ
Town of Reading
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2013-11-05 Time: 7:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street
Purpose: General Business
Attendees: Members - Present: -
Chairman James Bonazoli, Vice Chairman John Arena, Secretary Ben Tafoya,
Selectmen Daniel Ensminger and Marcie West
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Office Manager Paula Schena, Public Works
Director Jeff Zager, Town Engineer George Zambouras, Assessor Victor
Santaniello, Patricia Sullivan, Assessors Francis J. Golden, Fred MCGrane and
Robert Quinn, Erin Calvo-Baccl, BIII Crowley, Jody Heyward, Will Finch, Gina
' Snyder, Jamie Maughan.
Minutes Respectfully Submitted By: Secretary Ben Tafoya
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments — Daniel Ensminger noted he attended a Charter
Committee meeting last evening and the committee will be taking public comment on December
2aa He also noted that the issue of time and how the number of days are determined will.be
addressed.
Marsie West noted the Board has an applicant to interview tonight for the Zoning Advisory
Committee. The Committee will be conducting stakeholder interviews. She also wants to
address the issues regarding submitting a Volunteer Application online that the Town does not
offer at this time and also the issue of a candidate not being able to get a letter for the company
he works for.
Ben Tafoya noted he attended the Financial Forum last week and he requested that the detailed
spreadsheet that has been done in previous years be sent to the Board. He noted that we are
using a substantial amount of free cash each year and we are also replenishing it. Mr. Tafoya
also noted that he is a member of the MMA committee and the process for licensing medical
marijuana facilities is moving forward. It requires an extensive application process and there is a
' $30,000 fee. They are encouraging applicants to meet with communities and get their support.
Daniel Ensminger asked if there are any applicants for Middlesex County and Mr. Tafoya noted
they have not shared the list yet. John Arena asked what the consequence is if the applicant does
not have a letter of support from the community and Mr. Tafoya noted that results in a lesser
score.
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Board of Selectmen Minutes—November 5, 2013 —page 2
James Bonawli noted that the Bylaw Committee Appointment Committee made two '
appointments to the Bylaw Committee this evening and the Bylaw Committee has a full sitting
now. He also noted that the Building Fapade Committee met last week.
Town Manager's Report—The Town Manager gave the following report:
Administration
♦ Volunteer Opportunities
o Please check out the Town's website for some background information at
httr)://www.madingma.gov/pages/volmteers-wanted-0 and to download an
application forth at
http://www.readingma.gov/sites/readingma/files/file/file/volmteer application.Rd
f
o Tonight the Bylaw Appointment Committee met to consider two applications for
the two openings in the Bylaw Committee. Currently there are only three of five
positions filled, and due to a recent medical situation the Committee is unable to
meet in quorum. _
o Other opportunities include one opening each on the Finance Committee, the
Council on Aging and the Celebration Committee. Please send or drop off
applications to Town Clerk Laura Gemme pgemmeacixeading ma.us).
Finance
♦ Assessing—Please see a memo from me sent over the weekend in the meeting packet asking '
the Board to extend the regional agreement with Wakefield for an additional year; also
tonight the Board of Assessors and staff will present a preview of the upcoming Tax
Classification Hearing. That Hearing is tentatively set for 8:30 pm on November 26a', but is
dependent on the DOR's schedule. If it needs to be delayed then we'll swap it with some
Recreation updates scheduled for December 10'".
' ♦ Accounting—Former Town Accountant Gail LaPointe has stepped back in to help out while
Sharon Angstrom is on medical 0 leave through early February 2014. Gail will be available
to Town, School and RMLD staff from 1-4pm Monday through Thursday at
glavointeQci.reading.ma.us, and other times by appointment. She is working other flexible
hours during the week on projects—often at night to avoid conflicts with MUNIs users.
Community Services
♦ Comprehensive Update of the Zoning By-Law — The first of four Zoning Advisory
Committee Public Forums will be held on Wednesday November 20" at 7:30 pm at the
Pleasant Street Center. These are in addition to over 20 other scheduled public meetings to
gather community input.
Public Safety/Public Works
♦ DPW did a great job surveying the 23 Peer Communities (as defined by FINCOM) on
several departmental policies. The survey results from 22 communities that responded were
large and included in your packet,below are some of the highlights that I saw: ,
o #14 — Do you have different water/sewer rates by usage? An overwhelming
majority of communities (18 of 22) do have a 2, 3 or 4-tier rate structure. This is
something staff discussed a couple of years ago in response to the
perception/reality of more conservation being punished by higher rates.
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Board of Selectmen Minutes—November 5.2013 —oaae 3
' 0 #15 — Do you allow second meters for irrigation? Again a majority of
communities (15 of 22) do have such a policy, and some that do not have a
moratorium which means they will reconsider the matter.
0 #1 to #11 — Do you have a Water Abatement Program? A surprising amount of
communities do not allow abatements, or they are very rare. Reading does allow
them and there is a lot of staff effort involved each time. This topic will be
discussed internally with my preference to simply the process and continue
abatements when the circumstances warrant (for instance, a leak that was
repaired).
0 After the results of the survey, I will reiterate three of my four previous
suggestions_
• Delay the yearly rate change (i.e. rate increase) from September to December
despite the fact nearly all communities surveyed raise rates as we do when
the fiscal year begins. This will lessen the shock of adding a new (higher)
rate to heavier summer usage — we have plenty of water/sewer reserves to
tide us over for this 3-month delay in FYI 5;
• Split the water rate by usage (two or three tiers — reward conservation
efforts);
• Allow a second water meter for irrigation systems, exempt this usage from
sewer charges;
' 0 1 suggest we study the impact of moving of some debt from water/sewer to the tax
bill (via a debt exclusion question to the voters) in time for Annual election in
the spring 2015. This is delayed a year because I believe the issue of water usage
versus property tax payments is complex, and if new tiered rates are introduced
the situation becomes even more complex.
♦ West Street Road Improvements
0 December advertisement date still planned—might be later in the month now.
0 All temporary easements have been appraised. The Engineering Division will begin
sending out award letters. Sidewalk addition (below) will most likely result in
new/revised easements.
o Town's consultant working on plan revisions to add approximately 500 linear feet of
sidewalk which was originally excluded from project to avoid constructing retaining
walls. (last 500 ft. of road—east side before Willow/Summer intersection).
0 MWRA consultant completed preliminary 36"water main route for intimal review by
our consultant and MassDOT.
School Department
Naming Policy—A few years ago the Selectmen briefly discussed a facilities Naming Policy
(such as the Schools have adopted) but did not pursue it. I have received one request from
the community recently to honor a long-time athletic participant by the naming of all or a
' portion of a Town field. The Board will hear this request in early December from the
Recreation Administrator. If the Board wishes to pursue, I will draft a similar Naming
Policy to be considered.
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Board of Selectmen Minutes—November 5. 2013—page 4 -
Proclamations/Certificates of Appreciation '
Certificate of Recognition—Eloise Shannon 100' Birthday—A motion by Tafova seconded by
West to approve the Certificate of Recognition for Eloise Shannon was approved by a vote .
of 5-0-0.
Personnel and Appointments
Ad Hoc Zoning Advisory Committee — The Board interviewed Erin Calvo-Bacci for a position
on the ad hoc Zoning Advisory Committee.
Tafova moved and West seconded to Place the name of Erin Calvo-Bacci into nomination
for one position on the ad hoc Zoning Advisory Committee with a term expiring July 15
2014. Ms. Calvo-Bacci received five votes and was appointed.
Appoint Town Counsel — The Town Manager noted there were previous concerns regarding
response time but things are working out very well now. The departments are very happy and he
recommends reappointing Brackett and Lucas for another year.
Ben Tafoya noted that the Board used to solicit comments from Department Heads and Boards,
Committees and Commissions but we got off cycle. The Town Manager noted that he asked all
departments to reach out to their committees and they received no feedback. He received
feedback from three departments and he addressed the issues with Gary Brackett and all of the
issues have been resolved. '
John Arena suggested monitoring and if any issues come up there is no reason to wait until the
review time to address.
Marsie West noted she would like to see comments before reappointing.
The Town Manager noted he would like to start the review six months before their term is
expired.
A motion by Tafova seconded by Ensminger to appoint the firm of Brackett and Lucas as
Town Counsel for a term expiring December 31,2014 was approved by a vote of 5-04
Discussion/Action Items
Hearing—Wine Bunker Liquor License Transfer. Change of Location and Restrictions—Liquor
Junction—The Secretary read the hearing notice.
James Bonazoli noted that based on findings the Board of Selectmen recommended the applicant
go back and resubmit the application. The Town Manager noted that the requests of the Board
have been accomplished.
Attorney Fogelman noted that they removed the investor which the Board had concerns about.
They are asking for the same restrictions to be removed. ,
James Bonazoli noted that the restrictions were due to other applicants and the current applicant
was mostly internet sales.
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Board of Selectmen Minutes—November 5. 2013 —page 5
' Ben Tafoya noted that years ago there were two applicants for the same license and the Board of
Selectmen denied them. The Wine Bunker applied six months later and the Board of Selectmen
approved with restrictions based upon the Wine Bunker business.
Attorney Fogelman noted that the new application is asking for the least amount of restrictions
including removing the limit of retail square feet, the limit of 10 linear feet for wine refrigerator
units and the no walk in cooler other than the beer cave. The applicant wants to be able to sell
wine coolers, 9:pints,tobacco and lottery tickets,but no nips.
A motion by Tafova seconded by Ensmineer that the Board of Selectmen close the hearing
on transfer of the package stare liauor license from CWL LTD d/b/a The Wine Bunker to
Kaial and Kevin LLC d/b/a Liquor Junction at I General Way was approved by a vote of
5-0-0.
A motion by Tafova seconded by West that the Board of Selectmen approve the transfer of
the package store liquor license from CWI, LTD d/b/a The Wine Bunker to Kaial and
Kevin LLC d/b/a Liquor Junction at a new location within the same plaza at 1 General
Way with a term expiring December 31,2013 subject to the following conditions:
♦ Retail space will be limited to a total of 6,700 square feet as designated on the
approved Plan entitled "Floor Plans" 5a31 in the Selectmen's Packet dated
11/5/13:
' ♦ No nips will be sold;
♦ Deliveries from Route 128 will be via Walkers Brook Drive to General Way and
deliveries from Route 28 will be via Goodall Sanford Road;
♦ All Bylaws, Rules, and Regulations of the Town of Reading and of the
Commonwealth of Massachusetts shall be followed and also subiect to a
satisfactory inspection of the establishment by the Town Manager.
The motion was approved by a vote of 5-0-0.
James Bonazoli thanked the applicant but reminded them that the Board of Selectmen take
granting of liquor licenses seriously.
Consideration of Class 2 Motor Vehicle Licenses —The Town Manager noted that there are two
future applicants that are similar. One is at 360 Main Street in Business A which will need
CPDC approval for open storage and a little ways down the street at 431 Main Street in Business
B zone which requires ZBA approval for open storage. This is the type of zoning that needs to
be looked at by the Zoning Advisory Committee. It makes little sense to have two different
processes when the locations are literally right down the street from each other. The Board of
Selectmen will have the opportunity to put conditions on the site regarding parking and safety.
Mr. Durant, applicant for 360 Main Street, noted that he plans on selling only 1 owner cars. The
maximum at one time would be three vehicles and the vehicles will still be under the
manufacturer warranty.
' Attorney Bill Crowley was present for the applicant at 431 Main Street but did not have any
comments due to the fact that they are appearing before the ZBA.
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Board of Selectmen Minutes—November 5,2013 —page 6
Maisie West noted that the Zoning Advisory Committee is holding a public forum on November '
20'".
The Town Manager noted when the applications come in he will put the maximum number on
the permit and consult with the Police department.
Tax Classification Preview — Victor Santaniello, Patricia Sullivan, Francis Golden, Fred
McGrane and Robert Quinn were present.
Mr. Santaniello noted this is a preliminary preview. The average value of a home in Reading is
$446,000. If the MRF is 1 that equates to $14.76/$1000. A CIP shift of 1 for residential equates
to a $6,584 estimated tax bill. A CIP shift of 1.5 equates to a $6,254 estimated tax bill. For
commercial, a shift of 1 equates to an estimated tax bill of$21,250 and a shift of 1.5 equates to
an estimated tax bill of$31,889.
Mr. Santaniello reviewed the open space discount, residential exemption, and small commercial
exemption. In surveying neighboring communities,only Reading and North Reading do not split
the tax rate. In the Middlesex Leagues 9 of the 24 communities do not shift.
Mr. Santaniello noted that he will be ready for the hearing to set the rates on either November
26"or December 10ih. He is waiting for the State to sign off.
Extend Reeional Assessing Agreement with Wakefield — The Town Manager praised how the '
regionalization worked out and recommended that the Board renew the agreement with
Wakefield.
A motion by Tafova seconded by Ensminger that the Board of Selectmen renew the Inter-
Municipal Agreement between the Town of Reading and the Town of Wakefield Director
of the Assessing Department for a term expiring January 1.2015 was approved by a vote of
5-0-0.
Remote Participation for Boards. Committees and Commissions—James Bonazoli noted that the
Board had previously discussed this topic. He noted this is the norm in private business and he
sees no problem as long as it is not abused.
The Town Manager noted that Town Counsel revised the motion. The reasons must be listed.
He suggests audio only and no sky web. The Town will pay the costs of approximately $5,000
to outfit all locations this could possibly be used. If there are technical difficulties during the
meeting then the Chairman can decide if the Board wants to proceed.
James Bonazoli noted that a physical quorum must be present and the Chairman must be
physically present.
Marsie West noted that she is fully in favor of remote participation and she feels "technical '
difficulties"should be clarified.
John Arena asked if the remote participant is required to be at the beginning of the meeting.
Daniel Ensminger suggested just being present for anything needing a vote i.e. not Selectmen's
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Board of Selectmen Minutes—November 5 2013—page 7
' liaison reports. Ben Tafoya noted that the remote participant needs to be present for the entire
agenda item.
The Town Manager noted that it really doesn't matter if the person is here or remotely because a
Selectman could walk into a meeting at any time and vote. If they are voting on a hearing, then
that person needs to be present for the whole hearing. He suggested trying for one year and then
re-evaluate. Any costs borne by the remote participant are the sole responsibility of the remote
participant.
A motion by Tafova seconded by Arena that the Board of Selectmen adopt Selectmen's
Policy 2.1 #9 Remote Participation as follows;
9. All appointed and elected Boards-Committees and Commissions (hereinafter
`public body') are hereby authorized to conduct Remote Participation subject to the
requirements of The Massachusetts Open Meeting Law. G.L. c30A. &20(d),940
CMR 29.10, and the Additional Regulations listed below.This authorization is on a
trial basis and expires on December 31,2014 if not renewed.
Additional Regulations
(1) Remote participation is limited to members of a public body and is not available
to the general public;
(2) A member of a public body requestine remote participation must notify the
Chair or acting Chair in writing and in advance of the meeting,stating the
reasons why
(3) The person chairing the meeting may permit remote participation if he or she
determines that one or more of the following factors makes it unreasonably
difficult for the member requesting remote participation to physically attend the
meeting.
a. Personal illness;
b. Personal disability;
C. Emergency;
d. Military service; or
e. Geographic distance.
(4) Remote participation is allowed as audio only.The remote audio must be clearly
heard in the public meeting space to all participants;
(5) The Chair or acting Chair shall announce the presence of any remote
participants at the start of the meeting;
(6) If technical difficulties arise and persist during a meeting the remote participant
will be declared to have left the meeting and the Chair of the public body may
decide to continue with the Agenda if there is a quorum still physically present;
' (7) A quorum of the body, including the chair or,in the chair's absence, the person
authorized to chair the meeting,shall be phvsically present at the meeting
location,as required by M.G.L. c.30A,see 20(d);
(8) All votes must be by roll call if there is a remote public body participant;
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Board of Selectmen Minutes—November 5. 2013 —page 8
(9) All handouts or presentations must be made available to all remote participants '
in advance. If used during the meetina,such documents shall be part of the
official record of the meeting,and shall be listed in the meeting minutes and
retained in accordance with M.G.L. c.30A,see.22;
(10) A member participating remotely may participate in an executive session.
but shall state at the start of any such session that no other person is present
and/or able to hear the discussion at the remote location,unless presence of that
person is approved by a simple maiority vote of the public body;
(11) Any costs associated with remote participation are born entirely by the
remote participant.
The motion was approved by a vote of 5-0-0.
Review Final Drainage Studies and Longer-term Future of the Storm Water Enterprise Funds -
Conservation Commission members Jamie Maughan and Will Finch, Mark Meserve, Aaron
Weienetb, Betsy Shreve and Larry Soucie from AECOM were present. Town Engineer George
Zambouras noted that this project started two years ago and this is the final report with
recommendations.
Mr. Meserve indicated there are four locations with problems: (1) along Walkers Brook Drive;
(2)Bow Street; (3) Sunnyside/Fairview—Saugus River; and(4)Aberjona River basin.
Mr. Weieneth noted that site walks were conducted and the following are recommendations: '
1. The bridges in the Track Road area cannot handle emergency vehicles. They
recommend replacing them to carry the fiill load of emergency vehicles. Ben Tafoya
asked how many homes are serviced by the bridges and George Zambouras noted 20
—30 homes. Mr. Weieneth noted that all homes have alternatives.
2. Stabilize Walkers Brook bank which is not a problem now but could be in the future.
3. Replace the Bolton Street open channel with a precast culvert and restore the lawn
over the top so residents get full use of their property.
4. Mitigate flooding at Sunnyside Avenue and Fairview Avenue to meet the 25 year
level of service.
5. Mitigate flooding at Minot Street at Main Street.
6. At the second outfall at Bond Street, overtopping the manhole and limited removal of
sediment.
7. Mitigate lower flooding at Bond Street.
The details for future consideration of the Aberjona River are in the report and Mr. Weieneth
reviewed the construction costs and preliminary schedules.
Marsie West asked why we requested this study and the Town Manager indicated it was because
of flooding.
John Arena asked if we have a regular schedule to flush out and maintain and Mr. Zambouras '
noted we are slowly getting there. Mr. Arena asked if more regular cleaning could take of the
problems and Mr. Zambour s indicated it would not due to years of neglect, under sized pipes,
and poor banking material. He noted that the pipes on Main Street will be replaced next year
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Board of Selectmen Minutes—November 5,2013 —nage 9
when the project is being done. The Town Manager noted there is $3 million in the CIP Plan
' right now. _
Mr. Bonazoli asked if other towns have done studies and Mr. Zambouras noted that Wakefield
did not get funding in time, but are doing a study now. Woburn, Winchester and Medford did
too. Mr. Bonazoli noted that he has issues with spending money and still getting backups. Mr.
Zambouras noted that won't happen because it is all internal to our systems.
Jamie Maughan noted this is another reason not to fill wetlands or increase impervious surface.
Mailbox/Snow Plow Policy,- The Town Manager noted that if the Town damages a mailbox
while snow plowing the DPW replaces it with what the resident wants.
Public Works Director Jeff Zager noted that they had to replace a mailbox this year that cost
$400. Most towns have a policy not to exceed$40-$50.
The Board directed Mr. Zager to develop a policy in line with the other communities not to
exceed$75 per mailbox.
Discuss Water and Sewer Emprise Funds — The Town Manager noted that he would like to
change the yearly rate change from September to December to lessen the shock of adding a new
higher rate to heavier summer usage. He also noted that almost all towns have different rates by
' usage and a majority of communities have a policy allowing for second water meters. He also
noted that a surprising amount of communities do not allow abatements or they are very rare.
The Town Manager noted that we have a labor intensive set of regulations now and they need to
be simplified.
Will Finch noted that the MWRA fee goes to pay down the debt for usage. If a person has a
second water meter,they use more water and pay a lower fee. _
Gina Snyder noted that the MWRA buy-in was approved as long as we conserved and no second
water meters were allowed. She also noted that most communities have a fixed rate.
Ben Tafoya noted that we get charged a flat rate from the MWRA for a certain amount of water
and if we upset that balance then rates will go up. He noted that holding the water rates down is
a challenge right now.
Marsie West asked how many homes have irrigation systems and George Zambouras indicated
he was not sure of the exact number but there are hundreds of them. Ms. West noted she did not
see any value in allowing second water meters.
The consensus of the Board was not to pursue the issue of second water meters.
A motion by Ensmineer seconded by West to adioum the meeting at 10:10 1)m was
' anoreved by a vote of 5-0-0.
Res ly submitted
retary
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