HomeMy WebLinkAbout2013-10-22 Board of Selectmen Minutes } Town of Reading
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2013-10-22 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, Secretary Ben Tafoya, Selectman Daniel
Ensminger
Members - Not Present:
Vice Chairman John Arena and Selectman Marsie West
Others Present:
Town Manager Bob LeLacheur, Town Counsel Gary Brackett, Library Director
Ruth Urell, Beth Klepeis, Pat Black, David Hutchinson, Attorney Brad Latham
Minutes Respectfully Submitted By: Secretary Ben Tafoya
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments - Ben Tafoya attended the Sturges Park ribbon
cutting ceremony. He also attended the Library Board of Trustees meeting and the Kick Off
reception of the Reading Educational foundation.
Daniel Ensminger noted he attended the NMLEC meeting. He gave an update of the
services available and noted this is a regional organization that consists of 55 communities.
James Bonazoli noted that the EDC is doing the building fagade program again and they are
meeting October 30th to review the applicants.
Town Manager's Report - The Town Manager gave the following report:
Administration (* indicates attachment in tonight's packet]
♦ Volunteer Opportunities!!
o Please check out the Town's website for some background information at
httl2://www.readincima.gov/paaes/volunteers-wanted-O and to download an
application form at
http•//www readingma gov/sites/readingma/files/file/file/volunteer application pdf
o We need two volunteers for 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 this week as previously planned, in advance of November Town
Meeting.
"The Bylaw Committee shall propose and consider changes in the Bylaws and
shall report its findings on all such Articles on the Warrant, in writing, at least
seven days before Town Meeting. Such a report shall not preclude further
action or reconsideration by the Bylaw Committee."
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Board of Selectmen Minutes - October 22 2013 - page 2
o Other opportunities include two openings for the public on the Zoning Advisory
Committee (may be filled tonight); 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 (Igemme@)ci.reading.ma.us).
♦ On November 5th the Board is going to review the Enterprise Funds.
o The Conservation Committee will join you for a joint discussion on the two River
projects currently in the long-term capital plan of the Storm Water fund.
o Water/Sewer rates & bills are an ongoing point of discussion in the Town. Following
is a list of action items to consider. Please note each would take time & research
before we can really judge the impacts, but any/all of them are viable from my
perspective:
■ Delay the yearly rate change (i.e. rate increase) from September to
December. 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 FY15. While it may seem to fly in the
face of efforts to conserve water on the surface, Reading already has
among the lowest water usage per capita in the state;
■ Split the water rate by usage (two or three tiers - reward conservation
efforts);
■ Remove some debt from the water/sewer bill and ask voters to exclude it
and add it on top of their property tax bill - this is a complex issue;
■ Allow a second water meter for irrigation systems, exempt this usage
from sewer charges;
• *Lobbying efforts on Beacon Hill to also support relief for those
communities that are doing the right thing by maintaining their water &
sewer infrastructure (please see copy of draft legislation & a draft memo
to Senator Katherine Clark);
♦ Health insurance news: First some good local news - our retiree insurance has two
parts and each change on January 1st: Medex 2 is a modest +4% increase, and our
Blue Care Medicare RX is a startling 35% decrease, for a combined drop of about 14%.
This saves us over $100,000 versus what was budgeted. Second, an interesting note
about Saugus, the first community that opted in to the GIC is now opting out:
httl2://www.itemIive com/news/saugus-opts-out-of-health-care
program/article 4ecec2cc-3a98-11e3-be94-0019bb2963f4 html
♦ *The Finance Committee approved "Peer Communities Benchmarking Guidelines" as a
best practice for any broad budget or financial comparison. Peer Communities were
derived by an independent statistical study from 2007/2008, and includes these 23
towns in the Commonwealth: Andover, Bedford, Belmont, Burlington, Canton, Danvers,
Dedham, Lynnfield, Mansfield, Marshfield, Milton, Natick, North Reading, North
Andover, Shrewsbury, Stoneham, Tewksbury, Wakefield, Walpole, Westborough,
Westford, Wilmington and Winchester.
♦ Ad hoc Charter Committee (CC) - Fourteen Town Meeting members plus Moderator Alan
Foulds are meeting every other Monday night to discuss changes to the Town Charter,
in response to an Instructional Motion by Town Meeting member Bill Brown. The CC is
formed independently of the Town or School departments. Issues that range from
changing the size of the Board of Selectmen to formatting the document are being
discussed. There is some internal discussion among the CC as to their range of their
mission - some believe it is for minor changes only and a formal Charter Commission is
required for more substantial changes, but others disagree that there is any limit (I will
ask Town Counsel). Their plan is to file their completed work as a Home Rule petition to
the State, and they do not seem inclined to ask Reading voters to approve changes.
Note that this approach is entirely legal, and the State decides what changes are
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Board of Selectmen Minutes - October 22, 2013 - page 3
substantial enough to require a local election. The Town Clerk has advised the CC that the
Attorney General strongly suggests taking any changes to a local election, and she concurs.
I attended their meeting last night and asked how residents, businesses, and other Board,
Committee and Commission members could contribute ideas and learn of their progress. CC
Chair Alan Foulds will present a Report to Town Meeting under Article 2, and will announce
an as yet undetermined date for a public forum to receive community feedback. We will
make sure to invite every BCC volunteer and all Town Meeting members via email or mail
once this date is selected. Ben Tafoya recommended the changes be brought to a Charter
Commission.
♦ Adopt-an-Island: The new islands at the intersection of Birch Meadow Drive & Oakland
Road have been adopted and RMHS Biology students are also involved studying the
plants!
Community Services
♦ *Comprehensive Update of the Zoning By-Law -tonight two additional members of the
public will be in seeking appointment. If approved, this will fill out the ad hoc Zoning
Advisory Committee at seven members. The group will be very busy for the next year!
♦ *Wine Bunker - tonight Town Counsel will be present to assist in a couple of matters.
One concerns a request sent in after your weekend packet was sent out concerning
easing many of the restrictions on the existing liquor license. A Hearing is open from
your last meeting to consider this license transfer request.
Library
♦ Building project - update scheduled for tonight.
♦ Friends of the Library Week October 20-26.
Public Safety/Public Works
♦ Tree issue at 1037 Main Street - the Board received an email this weekend about a
tree issue with a resident. One of the trees in question belongs to the State, and the
others are on private property but they do overhang State property. We have
contacted the State today to apprise them of the situation - it is possible the
resident did that previously upon our advice. The Town has no standing in this issue
at this point, unless there was a clear emergency.
♦ *Chapter 90 - The MMA has requested some legislative assistance in obtaining a
long-term Bond Bill.
♦ West Street Road Improvements
o December advertisement date still planned.
o 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).
o MWRA consultant completed preliminary 36" water main route for intimal review
by our consultant and MassDOT.
♦ Howard Street Sewer Replacement
o Bids opened last Thursday October 17.
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Board of Selectmen Minutes - October 22 2013 - page 4
o Ten (10) bids received ranging from $196,609.55 to $307,827.00 (Engineers
estimate $260,000).
o Low bidder: Ventresca, Inc. of Stoneham, MA.
o Expect signed contract within 1 to 2 weeks.
o Contractor to start ASAP, most likely week of Nov. 5th or 12th (pending execution
of contract).
o Contractor to work though winter, pending severity of winter.
o Residents being notified this week
♦ Main Street Water Improvements (southerly section)
o MassDOT permit - obtained.
o Project borings to be performed next week.
♦ Traffic & Safety - after listening to a recent update, does the Board wish to schedule
a Public Hearing? Looking at your Agenda, we are already adding items for
February/March.
School Department
*Naming Policy - please see a few pages on the Naming of Facilities or Places within or
on School Property. A few years ago the Selectmen briefly discussed a policy but did
not pursue. I have received one request from the community recently to honor a long-
time athletic participant by naming of all or a portion of a Town field. If the Board
wishes to pursue, I will draft a similar Naming Policy to be considered.
Proclamations/Certificates of Appreciation
Proclamation - Friends of the Library Week - Elizabeth Klepeis and Pat Black were present
to receive the proclamation.
A motion by Tafova seconded by Ensminaer to approve the proclamation for
Friends of the Library Week was approved by a vote of 3-0-0
Personnel and Appointments
Ad Hoc Zoning Advisory Committee - The Town Manager noted that Eric Bergstrom applied
a few weeks ago and is present but there were issues with his employer wanting the Town
to sign off on a conflict of interest letter. Mr. Bergstrom noted that Marsie West asked him
to serve on the committee. Erin Calvo Bacci applied last Thursday.
Town Counsel Gary Brackett noted that a conflict of interest opinion cannot be given as a
prospective conflict. The Board could designate the committee as special employee status.
A motion by Ensminaer seconded by Tafova to appoint Eric Berastrom to a position
on the ad hoc Zoning Advisory Committee with a term expiring June 30 2014 was
approved by a vote of 3-0-0.
The Board indicated they want to interview Erin Calvo Bacci before appointing her.
Discussion/Action Items
Hearing - Amend Section 1.13 of the Selectmen's Policy re: Purchasing Cards - The
Secretary read the hearing notice. The Town Manager noted this was approved one year
ago and has worked out really well. The Purchasing Cards will eliminate the need for
employees to purchase work items on their personal credit cards. This is only for cases
where there is no other option.
A motion Ensminaer seconded by Tafova to close the hearing on Amendina Section
1.13 of the Selectmen's Policies re: Purchasing Cards was approved by a vote of 3-
0-0.
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Board of Selectmen Minutes - October 22, 2013 - page 5
A motion by Ensminger seconded by Tafoya that the Board of Selectmen approve
the amendments to Section 1.13 of the Selectmen's Policies re: Purchasing Cards
as presented was approved by a vote of 3-0-0.
LibraU Building Committee Update - David Hutchinson called the meeting to order for the
Library Board of Trustees and the Library Building Committee. Mr. Hutchinson gave an
update of the committee. STV Construction has been hired as the Project Manager. The
Architect has been selected and we are close to finalizing the contract. An RFP was put out
for temporary space and we are in negotiations at this time. Total project cost is $14.9
million and $5.1 million of that is from the State.
Potential increases may be construction costs including replacement of the entire roof,
removal of hazardous materials and implied design choices. Potential reductions could be
temporary space, the circulation system and furniture redeployment.
Library Director Ruth Urell noted she files a monthly report with the state.
Daniel Ensminger asked if the potential savings and increases were confirmed with STV and
Mr. Hutchinson indicated it was. Mr. Ensminger asked if we will have to go back to Town
Meeting asking for more money and the STV representative noted probably not, but the
architect will have to design according to the budget. Mr. Ensminger asked if the 9%
contingency will be enough and it was noted it should be.
Ben Tafoya asked the status of the architect contract and Bob LeLacheur noted it's just
about ready to sign tomorrow.
The next steps are to wrap up contract with architect, secure temporary space and start
design.
Ben Tafoya noted that Library Board member Dick Curtis passed away and he asked if the
vacancy has been posted yet. The Town Manager indicated we will post the vacancy when
the Library Board requests it. Then the position will be filled by a vote at a joint meeting of
the Library Board and Board of Selectmen.
The Town Manager noted that the Finance Committee strongly supports this project.
The Library Trustees and the Library Building Committee adjourned their meetings.
Hearing - Change of Manager for Busa Liquors - The Secretary read the hearing notice.
Andrew Busa was present. The Town Manager noted that there are no issues with any of
the departments.
A motion by Ensminger seconded by Tafoya to close the hearing on change of
Manaaer for Busa Liquors was approved by a vote of 3-0-0.
A motion by Ensminger seconded by Tafoya to approve the change of Manager for
Busa's Reading Liauors Inc from Daniel P Busa. Jr. to Andrew C Busa was
approved by a vote of 3-0-0.
_Continued Hearing Wine Bunker Liquor License Transfer to Liquor Junction Change of
Location and Restrictions - The Town Manager noted that the current owner presented his
business as being an internet based business which is what led to the conditions on the
license that fit his business model. The letter -in the packet addresses each of the
conditions. The two conditions to keep are the deliveries and no nips and ask that the
others be removed.
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Board of Selectmen Minutes - October 22, 2013 - 12age 6
James Bonazoli noted at the time the restrictions were put in place due to the interest of a
mega liquor store which the Town did not want.
Ben Tafoya noted there were originally two proposals and both were declined. The Wine
Bunker was a subsequent application a year later. The Board did approve some changes
about a year ago for the Wine Bunker.
Ben Tafoya asked Town Counsel what the Board's authority is to change the conditions that
were previously approved. Gary Brackett noted it is totally within the purview of the Board
to change if they wish.
The Attorney for the Liquor Junction noted that the Wine Bunker did not do well because of
the restrictions.
Daniel Ensminger asked if the conditions could be imposed at renewal time if the Board
wishes. Town Counsel Gary Brackett noted not unless there a series of events leading up to
it.
Ben Tafoya noted there were issues with one of the stockholders being cited at another
store several times over a number of years.
The Attorney for Liquor Junction noted that Kamal Patel is only an investor. He also noted
that the applicant has purchased equipment to detect phony ID's. Jasmine Patel handed
out pamphlets.
Ben Tafoya reviewed the history of violations and noted his concerns.
James Bonazoli noted he is somewhat okay with the facility layout but has concerns about
the violations.
Ben Tafoya asked Town Counsel on what grounds the Board can deny the application. Town
Counsel indicated it could be denied on need it could also be denied on the applicant's
character. Conviction of a felony is also a ground for denial.
Ben Tafoya indicated he did not feel comfortable granting the license. Attorney Brad
Latham asked if the fact that the person has no direct contact with the customers had any
bearing and Ben Tafoya indicated it does not.
The Attorney for Liquor Junction asked that the hearing be postponed.
Ben Tafoya asked if the Board denies the application tonight if that hinders the applicant for
applying again and Town Counsel indicated they would have to wait one year. Ben Tafoya
indicated he would like all of the Selectmen present for this decision.
The Attorney for Liquor Junction asked if the issue is with the investor. James Bonazoli
noted when the Town does a check it is the entire application.
Attorney Brad Latham asked if absent Selectmen could watch a tape of the meeting so they
would not have to start over and Town Counsel indicated they could.
The Attorney for Liquor Junction requested the Board to continue the hearing. Ben Tafoya
noted he would prefer the applicant withdraw and resubmit at a later time.
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Board of Selectmen Minutes - October 22, 2013 - nage 7
A motion by Ensminger seconded Bonazoli to continue the hearina on the transfer
of the package store liauor license from CWI LTD d/b/a The Wine Bunker to Kaial
and Kevin LLC d/b/a Liauor junction at 1 General Way until November 5 2013 at
8:00 p.m. failed by a vote of 2-1-0.
The Attorney for the applicant indicated he will withdraw the application.
A motion by Tafoya seconded by Ensminaer the Board voted to accept the
withdrawal of the application without prejudice was approved by a vote of 3-0-0
Hearing - Selectmen's Liquor Policy Revisions to Section 3.2.4 Requirements for:
Restaurant License to Expose Keep for Sale, and to Sell Wine and Malt Beverages to be
Drunk on the Premises (less than 100 seat) - The Secretary read the hearing notice.
James Bonazoli noted this is related to Paint and Sip. Town Counsel Gary Brackett reviewed
the recommended changes to the policy to include a limit of the number of hours and give
the option to serve food.
Ben Tafoya asked if the license can be tailored to the type of business. Town Counsel noted
they would have to issue conditions license by license. The Board needs to change the
policy. The Board can also consider the proposed need at that location when considering an
application.
Judy Barowlak noted that the City of Newton puts conditions on individual licenses.
James Bonazoli proposes a three hour limit and change food requirement to provide instead
of serving.
Ben Tafoya recommended changing the wording for commercial establishments to add "or
designee" in the sentence where the Board has to approve the food from a menu.
A motion by Ensminaer seconded by Tafoya the Board voted to close the hearing
amendina the Selectmen's policy was approved by a vote of 3-0-0.
A motion by Ensminaer seconded by Tafoya to amend the Selectmen's Liauor
Policy Section 3.2.4.5 Commercial Establishments as presented and amended at
the October 22, 2013 meeting was approved by a vote of 3-0-0
A motion by Tafoya seconded by Ensminaer to go into Executive Session for the
purpose of considerina the purchase exchange lease or value of real property to
come back into Open Session at aperoximately 9.30 p.m. was approved on a roll
call vote with all three members voting in the affirmative
The Board reconvened in open session.
Re-Organization of Town Government - The Town Manager noted that the hearing on the
Executive Organizational Chart is still open and the Board can choose to vote on that
tonight. There is also a hearing scheduled for 9:00 on amending the FY14 Classification
Plan. The third is approving the financial costs of the above.
Hearing - Amending the FY14 Classification Plan - The Secretary read the hearing notice.
The Town Manager noted this is to improve current operations and to improve professional
development. His goal is to be more proactive instead of reactive. The organization does a
lot of procurement but inefficiently. We have experts in this area, but they are part of DPW
and Police.
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Board of Selectmen Minutes - October 22, 2013 - page 8
The Town Manager noted that reorganization at step 1 is $100,000; reorganization at step 2
is $40,000 and then there are other items not related. The costs are shared by the General
Fund and Water budget. Additional services include increasing the document storage
project; increase the plumbing and wire inspectors' hours; increase the Nurse Advocate
hours; hire an additional clerk for the Town Manager's office to be shared with Community
Services; hire a part time regional housing coordinator; hire a zoning enforcement officer.
The permits revolving fund will help offset some of the costs. The executive organizational
chart combines smaller departments; moves recreation to Community Services and moves
the two business administrators to Administrative Services.
Ben Tafoya suggested that the Town Manager speak with the Charter Review Committee
about allowing the job description for the Town Accountant to be changed.
The Town Manager noted that one clear objective is for each Department Head to have an
Assistant Town Department. He's willing to have an outsider look at the classification but
there are some he feels very strongly about. The Assistant Town Manager should be
increased one grade. He feels there should be two Assistant Town Managers who do other
jobs. This really is not a new concept because the Community Services department has
assisted the Town Manager in many efforts over the years. The additional duties of the
Town Accountant will be to supervise some of the Finance Department staff. The Assistant
Town Manager that replaces him takes over the other half of the Finance Department and
takes over the Operations staff that is being centralized from other departments and
technology master planning. The Assistant Town Manager positions cover the residential
and business needs.
The Business Administrators will eventually be moved out of their departments and will be
centralized. The Administrative Services main goal will be how we can best deliver services
to the community. The Staff Planner will be taking on more senior level tasks as the
Community Services Administrator takes on the duties of Assistant Town Manager. The
Library Director and Assistant Library Director have been moved up. In the Police
Department two Patrol Officers will move up to Superior Officers and one Superior Officer
will move up to Deputy Police Chief. There is also a proposed Assistant Fire Chief that will
be need to be negotiated.
He has budgeted $40,000 for a pay and class study, but the results of the study will not be
known until possibly the Annual Town Meeting. He will try to budget $80,000 - $100,000 to
cover the cost of implementation of the results of the pay and class study.
James Bonazoli feels the Zoning Officer should be the same level as the Animal Control
Officer - Grade E. He feels the Assistant Town Manager should be in Grade L because there
are two. The Town Manager noted that he studied Assistant Town Managers in other towns
and found the stand alone Assistant Town Managers are paid a lower salary than Assistant
Town Managers who have other duties.
A motion by Ensminaer seconded by Tafova to close the hearina on reoraanization
of Town government was approved by a vote of 3-0-0
A motion by Ensminaer seconded by Yafova to approve the amendments to the
proposed November 2013 Table of Organization was approved by a vote of 3-0-0.
A motion by Ensminaer seconded by Tafova to close the hearing on amendina the
FY14 Classification Plan was approved by a vote of 3-0-0
A motion by Ensminaer seconded by Tafova to approve the amendments to the
FY14 Classification Plan as amended was approved by a vote of 3-0-0.
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Board of Selectmen Minutes - October 22. 2013 - page 9
Vote Subsequent Town Meeting Warrant Articles - The Town Manager reviewed the articles
on the Warrant. Article 3 is capital Items; Article 6 is to dispose of property; Article 7 grants
easement of West Street; Article 8 funds the easements on West Street; Article 9 is sewer
I/I work; Article 10 is the Executive Organizational Chart and Article 11 funds the.changes.
A motion by Ensminger seconded by Tafova to support the subject matter of the
following articles of the 2013 Subsequent Town Meeting: Articles 3, 6, 7, 8, 9, 10
and 11. The motion was approved by a vote of 3-0-0.
A motion by Tafova seconded by Ensminaer to approve the minutes of October 8,
2013 was approved by a vote of 3-0-0.
A motion by Tafova seconded by Ensminger to adjourn at 10:45 p.m. was approved
by a vote of 3-0-0
Acretary
Ily submitted,
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