HomeMy WebLinkAbout2013-12-17 Board of Selectmen Minutes Town of Reading
Meeting Minutes
Board - Committee - Commission - Council:
Board of Selectmen
Date: 2013-12-17 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 Marsie West
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Nancy Dockser, John Halsey, Tom O'Connor,
Kevin Brown, Dave Talbot
Minutes Respectfully Submitted By: Secretary Ben Tafoya
Topics of Discussion:
Reports and Comments_
Selectmen's Liaison Reports and Comments—Marsie West noted there was no attendance at the
office hour.
Ben Tafoya announced he will not be running for re-election in the Spring. James Bonazoli
thanked him for his years of service.
Town Manager's/Assistant Town Manager's Report — The Town Manager noted that the State
has announced that the primary to replace Senator Clark is Tuesday, March 4, 2014 and the
general election is Tuesday, April 1. He is requesting to combine the elections on April 1, 2014
for the community's convenience. All three towns around us are combining.
A motion by Ensminger seconded by West to move the 2014 Local Election to April 1,2014
was approved by a vote of 5-0-0.
Personnel& Appointments
Library Trustee — David Hutchinson called the Library Board to order. John Brzezenski was
interviewed by the Board of Selectmen and Library Board of Trustees.
Daniel Ensminger asked how he would foster good relations with the Board of Selectmen and
Mr. Brzezenski indicated that communication is the key.
Tafoya moved and Ensminger seconded that the Board of Selectmen and Library Board of
Trustees place the following name into nomination for one position on the Library Board
of Trustees with a term expiring April 1, 2014: John E. Brzezenski. Mr. Brzezenski
received 10 votes and was appointed.
Page I i
Board of Selectmen Meeting—December 17, 2013 —page 2
Housing Authority Council on Aging`Recreation Committee — John Arena noted that the
Volunteer Appointment Subcommittee met and interviewed applicants.
Ensminizer moved and Arena seconded that the Board of Selectmen confirm the Volunteer
Appointment Subcommittee's recommendations to the Board of Selectmen for the
aaypointment of the following members to various Boards, Committees, and Commissions
for terms beginning December 17,2013 as listed below:
• Madeline Hodgdon to the Housing Authority with a term expiring June 30,
2017;
• Donavin Bentley to the Council on Aging with a term expiring June 30,2016;
• John Bernie Winne to the Recreation Committee as an Associate with a term
expiring June 30,2014.
Each candidate received five votes and was appointed.
Discussion/Action Items
Continued Hearing—Washington Park Final Design - Recreation Administrator John Feudo
reviewed the plan. He noted the field is being moved over slightly so the tennis courts had to
come out. There is a new entranceway, a new tennis court, a new basketball court, a refurbished
sport court area, a new water fountain, a newly set monument, and paved walkways.
James Bonazoli asked if people can play tennis at the same time a baseball game is going on and
John Feudo indicated yes.
A motion by Tafova seconded by Ensminger to close the hearing on the Washington Park
Final Design was approved by a vote of 5-0-0.
A motion by Tafova seconded by West to approve the Washington Park Final Design as
shown on the plan entitled "Washington Park Improvements" dated July 20, 2013 was
approved by a vote of 5-0-0.
The Board then discussed the process for making changes to the Birch Meadow Master Plan. It
was decided to continue the process in place whereby the Recreation Committee will hold the
hearings, and if it is approved, send it along to the Board of Selectmen for their final approval.
CAB (RMLD)Report- RMLD General Manager Colleen O'Brien, Jane Parentu and Bob
Fournier were present. Ms. O'Brien noted she was there on behalf of CAB member Tony
Capobianco to provide an update on a rate increase that is being discussed at RMLD. She noted
that in looking at the FY13 and FY14 budgets, and planning the FY15 budget, she found an
absence of a six year plan. She asked staff to put together data. There is a trend of kilowatt
hours being flat. The base revenues will not cover all commitments. They are looking at a 9%
rate increase for six months to cover the commitments. Without the 9% increase they are
looking at a net income of$380,000. The CAB wants to delay the increase until February. The
9%increase gets them back to 5.71% on net of return with an income of$2 million. The RMLD
should have had a rate increase two years ago in smaller increments. The FYI budget has a
3.5% increase. A 9% increase for a typical family is approximately $3 per family. She also
noted that delaying doesn't make it go away. In addition she wants to look at the impact with the
auditors and our credit rating.
Page 1 2
Board of Selectmen Meeting—December 17 2013 —page 3
John Arena noted that the 2013 level of demand is level and the rate of return is healthy. Was
the rate of return figures falling off prior to that? Colleen O'Brien noted the last cost of service
study was done in 2010 and there were errors in it.
James Bonazoli asked how she plans to adjust for the cost of service and she indicated she will
pay to have a model built and insert the information every year.
Why is this such an emergency that it needs to be done right away? The cost of service study
will be done in a few months. Why not wait until you have all the data? Ms. O'Brien noted that
her projections for the rest of the year are accurate enough to know that she needs a 9% increase
to get them through the end of the year. If not, they could end the year in the red. Marsie West
asked what other options have been looked at. Ms. O'Brien indicated they looked at possibly
reducing the rate depreciation fund but the RMLD just finished a new meter replacement
program which is absorbing most of that fund. The RMLD uses the fuel fund to stabilize the rate
on a month to month basis.
John Arena asked what the consequence is to end the year in the red and Ms. O'Brien noted the
credit rating and how it affects the Town.
John Arena asked if there were any capital expenditures that could be deferred or financed and
Ms. O'Brien indicated the new meter program is funded in this fiscal year and is almost done.
The Town Manager noted this is the same situation the Town had with water and sewer not too
long ago, but the difference is the Town had healthy reserves to draw from to level the rates out.
The RMLD does not have that amount of reserves.
Marsie West indicated she has a hard time believing there are zero expenses that can be cut. She
feels that if the RMLD cut some expenses and added a little cash then they could wait until the
study is done instead of impacting the customers right away.
Colleen O'Brien noted the capital fund is already at its low point. The pension fund is $1 million
so they could not pay that as an option.
Ben Tafoya asked if the RMLD has a policy on the payment to the Town that will be impacted.
Ms. O'Brien indicated it is her understanding that they are not obligated to pay the Town if they
have to pay it with rate stabilization.
The Town Manager noted that when the Town wants to borrow for the Library that any red flags
from the RMLD could affect us.
Dave Talbot, RMLD Commissioner, noted that if consumers shift their consumption to the edges
and use a "time and use meter" to save money. The Town may want to consider reducing the
number of street lights in town.
Tony Capobianco asked how the Board wants him to vote and the Board indicated they would
prefer for them to cut back so there won't be such a big increase. .Mr. Capobianco noted that if
they make cuts and get hit with a big ice storm that could wipe out everything.
Page 1 3
Board of Selectmen Meetiniz—December 17 2013 —page 4
Daniel Ensminger suggested they could cut their public relations department. The Town doesn't
have a public relations department.
Hearing—Tax Classification - The Secretary read the hearing notice. Victor Santaniello was
present and noted that the presentation is the same as the last one. He discussed the split tax rate;
a discount for open space; a residential exemption; and small commercial exemptions. He noted
that commercial values have come down. He noted that a couple of years ago, the economy
forced some commercial property owners to sign leases that were not very profitable.
Ben Tafoya noted that one reason there was a drop in commercial is because the Pulte property
used to be commercial and now it is residential. He asked for a breakdown of residential versus
commercial and industrial and Mr. Santaniello noted it is a 90/10 split. Ben Tafoya noted that
about 30 of the commercial properties are eligible for the small commercial exemption. Mr.
Santaniello indicated that a lot of small businesses pay their employees as contractors so they
don't show up on the list.
Dan Ensminger asked if there are any long term tax abatements in the process for large
properties on Walkers Brook Drive and Mr. Santaniello noted there are no negotiated agreements
going forward.
A motion by Tafoya seconded by Ensminaer to close the hearing establishing the tax rate
for fiscal vear 2014 was approved by a vote of 5-0-0.
A motion by Tafoya seconded by West that the Board of Selectmen not Zrant an open space
discount for Fiscal Year 2014 was approved by a vote of 5-0-0.
A motion by Tafoya seconded by Ensminger that the Board of Selectmen not adopt a
residential exemption for Fiscal Year 2014 was approved by a vote of 5-0-0
James Bonazoli asked the Board if there was any interest in splitting the tax rate and Dan
Ensminger indicated a split tax rate was not feasible. Ben Tafoya didn't feel a need for a split
tax rate.
A motion by Tafoya seconded by Arena that the Board of Selectmen adopt a residential
factor of 1 for Fiscal Year 2014 was approved by a vote of 5-0-0.
A motion by Tafoya seconded by West that the Board of Selectmen not grant a commercial
exemption for Fiscal Year 2014 was approved by a vote of 5-0-0.
Review Board of Selectmen/Town Manager Goals - The Town Manager noted there has been
very good progress the first half of the year. Economic development is in good shape. Customer
service has greatly improved. A lot of new technology will be coming up and that will be one of
the roles of the new Assistant Town Manager. We will be implementing a smart phone
application to request service such as reporting potholes and the customer will be able to track
the request.
The Housing Authority will be coming in in February to talk about how we administer the Trust
Fund.
Page 1 4
Board of Selectmen Meeting—December 17, 2013 —page 5
Work on West Street will be starting this summer.
DPW had a walk-through of their site for an evaluation. No conclusion yet, but some thoughts.
The Library Architect has been hired and we should have a good cost estimate by March if not
sooner. The Town Manager suggested putting an article on the Town Meeting Warrant to
address the possibility of an overrun. This would just be a place holder in case it is needed.
In capital we are doing very well and the Unions are happy to have good equipment to work
with.
Ben Tafoya noted that the Board was supposed to do the Town Manager' evaluation in
December per the contract but there has been no action to begin that. He feels the Town
Manager is doing an excellent job. The Town Manager noted he would like to see a retreat with
the Board of Selectmen and Department Head.
Hearing—Background Investigation Options for Class 2 and 3 Motor Vehicle Licenses Peddlers
Licenses, Taxi/Lively License and Second Hand Dealer Licenses — The Secretary read the
hearing notice. The Town Manager noted the decision was not needed for license renewals
because the investigation can be done after the fact. James Bonazoli noted that this would allow
the Police to give us better information than what they currently can.
James Bonazoli reviewed the three options that are available which include a local Police check,
an internal CORI check or fingerprinting by the Police Department or give the Police Chief the
authority to issue the licenses.
The Town Manager noted the Selectmen can decide to do it only every two years if they want.
Marsie West indicated she doesn't know the risk of second hand goods and James Bonazoli
noted the risk is that they are selling stolen goods.
John Arena noted it seems onerous to do every year for that class. He noted we seem to be
singling out the group of Class 2 licensees.
James Bonazoli noted the Police are saying they can't give their full opinion without this. He
noted that this is also for peddlers, ice cream drivers, and livery drivers.
Kevin Brown, 588 Pearl Street and Brown Auto Repair, 35 Lincoln Street, noted he's been in
business in Reading for 30 years. He noted that livery drivers, taxi drivers and bus drivers have
to be fingerprinted in Boston. He feels that fingerprinting for Class 2 and 3 licenses is an undue
process and yet Class 1 is exempt even though they sell used vehicles also. He noted he
submitted his driver's license, a check from his business and the address where he lives. He
noted that there is a lot of information on a license that can be had by the Police. When this was
discussed a couple of years ago the dealers of used cars were eliminated from the fingerprinting.
He noted that used cars having tracking by their VIN number. He asked if we have an influx of
stolen vehicles or stolen parts being sold in Reading. He feels there is no sense to the
fingerprinting. He asked where are the furs coming from that the used clothing stores are selling
and noted they are not subject to fingerprinting. He feels there is prejudice to exempt Class 1
Page 1 5
Board of Selectmen Meeting—December 17 2013 —page 6
licenses. He noted that he is traceable but the person who steals probably is not. He requested
that the Board go back to the old way of doing licenses because there is no advantage to it.
Dan Ensminger indicated he agreed with Mr. Brown. He asked if CORI involved fingerprinting
and the Town Manager indicated it does not.
John Arena noted he is inclined to consider Class 2 and 3 as Class 1. He noted that most of these
individuals are known to us and residents of the Town. He suggested fingerprinting for new
licensees not known to us and for all the other classes described including transient work forces
who don't have a steady local address.
The Town Manager noted he is looking for suggestions from the Board and he will consult with
Town Counsel to make sure the form and format are acceptable. John Arena noted that since we
have an exemption for one then we should be able to have an exemption for the others.
Ben Tafoya noted he agreed with John to eliminate Class 2 and 3 but would keep them in place
for the peddler's licenses.
Marsie West noted that if taxi and livery are fingerprinted by the state then that is a duplication
she would like to avoid. Ben Tafoya indicated that information needs to be confirmed by the
State.
Ben Tafoya noted that when the gold shop came into town we were able to put restrictions on the
license but he doesn't want to do that with consignment shops or jewelers.
The Town Manager suggested also doing a formal survey of other towns. He will schedule a
hearing in February and have Town Counsel present.
A motion by Tafoya seconded by Bonazoli to close the hearing regarding background
investigations for Class 2 and 3 licenses, peddler's licenses, taxi and livery licenses and second
hand licenses was approved by a vote of 5-0-0.
Approve Early Openings/24 Hour Openings and Non-alcohol Licenses — A motion by Tafoya
seconded by Ensminaer to approve applications by:
♦ Dunkin Donuts and West Street Mobil,4 West Street
♦ Starbucks Coffee,24 Walkers Brook Drive
♦ Starbucks Coffee,288 Main Street
♦ Snap Fitness,30 Haven Street
♦ Reading Athletic Club, I General Way
♦ Planet Fitness,275 Salem Street
♦ Burbank YMCA,36 Arthur B. Lord Drive
♦ Fit By Catarina,335 Main Street
to open at 5:00 a.m., Monday through Friday, effective January 1, 2014, and excluding
State designated holidays. This approval will expire December 31, 2014. The Board of
Selectmen 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.
The motion was approved by a vote of 5-0-0.
Page 1 6
Board of Selectmen Meeting—December 17 2013 —page 7
James Bonazoli asked if the dumpster issues related to JK's Market have been resolved and the
Town Manager indicated they have.
A motion by Tafova seconded by Arena to approve the application by:
♦ JK's Market,212 Main Street
to open at 5:45 a.m., Monday through Friday, effective January 1, 2014, and excluding
State designated holidays. This approval will expire December 31, 2014 The Board of
Selectmen 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
• All conditions of Site Plan approval, all other bylaws, licenses and
requirements of Town agencies and the requirements of Section 3.9 of the
Board of Selectmen Policies shall be met. Where there is a conflict among
these bylaws, permits, approvals and licenses, the most restrictive shall be
met; and
• There is no detrimental effect of such operation on the Town or the
immediately abutting neighbors.
The motion was approved by a vote of 5-0-0.
A motion by Tafova seconded by Ensminger to approve the application for 24 hour sales by
87 Walkers Brook Drive, LLC and Leigh Enterprises, Ltd. d/b/a Reading Shell Station and
Dunkin Donuts at 87 Walkers Brook Drive. 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.
• The Board determined that in accordance with Section 5.10.5 that no public
hearing will be required for this application.
The approval of this application is subiect to the following conditions:
1. This approval expires at midnight,December 31,2014-
2. All signs shall conform to the Zoning By-Laws of the Town of Reading;
3. The gasoline service station shall, in fact, be open 24 hours a day, seven days
a week;
4. The operator will ensure that there is a supply of easoline available at the
station durine all hours that the station is open;
5. The operator will provide gas cans for motorists who run out of easoline on
the road;
6. The operator will prepare and post a list of local towing and repair shops
that are open 24 hours a day for those who need it;
7. Restroom facilities shall be open 24 hours a day, seven days a week.
The motion was approved by a vote of 5-0-0.
Town Manager Performance Evaluation — James Bonazoli noted that the Town Manager has
stuck to his 100 day plan and is doing a good job. The Town Manager noted things are doing
well and credited the employees.
Page 1 7
Board of Selectmen Meeting—December 17,2013 -page8
Approval of Minutes
A motion by Bonazoli seconded by Ensminger to approve the minutes of November 26,
2013 was approve by a vote of 4-0-1 with Ensminger abstaining.
A motion by Bonazoli seconded by West to go into Executive Session to consider the
purchase, exchange, lease or value of real property, and that the chair declares that an
open meeting may have a detrimental effect on the negotiating position of the body and not
to reconvene in Open Session was approved on a roll call vote with all five members voting
in the affirmative.
Respectfully submitted,
Aretary