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HomeMy WebLinkAbout2014-04-22 Board of Selectmen Minutes O� OF J? N. Town of Reading Meeting Minutes o s39 tNCORO�PP� ~ Board - Committee - Commission - Council: Board of Selectmen Date: 2014-04-22 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Vice Chairman Marsie West, Secretary Daniel Ensminger, Selectmen John Halsey and Kevin Sexton Members - Not Present: Chairman John Arena Others Present: Town Manager Bob LeLacheur, Town Accountant Sharon Angstrom, Office Manager Paula Schena, Bill Brown, Fred Van Magness, Nancy Dockser, Jack Russell, Brian Snell, Denise Eaton, Denise Benard, Steve Goldy, George Rio, Karl Weld, Jena Fiorente, Iren Collins, Carl McFadden Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Daniel Ensminger noted he attended the senior volunteer dinner which was very nice. Kevin Sexton indicated he also attended the senior volunteer dinner and he is amazed at the number of volunteers in Reading. John Halsey noted he attended the School Department information session on the early childhood project and it was most thorough. He noted that it was taped by RCTV. Marsie West noted there are a couple of openings on the Conservation Commission. Public Comment - Fred Van Magness, 243 Franklin Street, noted that there was an allegedly serious accident this weekend at Main and Franklin. He is still waiting for the state to start work. Dandilyons is now open and there are lots of elderly and children in the area. Mass DOT had indicated they were going to implement the short term fixes and that is not a lot of money. Daniel Ensminger noted that he mentioned this to Representative Brad Jones at a recent meeting. The Town Manager noted that there was no question that this was a dangerous intersection during all of the site visits. He will draft a letter for the Board of Selectmen to sign. Page I 1 Board of Selectmen Minutes - April 22, 2014 - page 2 Bill Brown read the following statement: "At your last meeting the Town Clerk gave the Board an update on the Charter Review Committee and in my opinion distorted some of the facts about what the Committee can and cannot do and what your Board can and cannot do. Under State law, which can be found on the Department of Revenue web site, there are two distinct routes for charter change, option one is the " Home Rule Amendment " route that requires that 15 percent of votes petition to elect a 9 member Charter Commission that must complete its work in 15 months and must be presented to the voters for an up or down vote, and is required to meet under the open meeting law. The second option is the " home rule petition route " which can be created by Town Meeting or by the Board of Selectmen and since the Selectmen did not do so I did via an instructional motion to Town Meeting which they approved. Under both routes they have exactly the same powers to propose changes to the charter and both cannot change constructional provisions; there must be an elected legislature, (Town Meeting) an elected Board of Selectmen, School Committee and Moderator. At the first meeting the Town Clerk insisted that the committees members must take an oath of office and sign the book, since it is a committee of Town Meeting according to State law as found in Town Meeting Times, Town Meeting Members are not required to take an oath, the Town Clerk made me aware of that two years ago when I refused to hold a precinct meeting because I had not been sworn in. Five members of the committee are also members of the Bylaw committee and the -- Town Clerk insisted that they must post a notice when they are acting within the review committee. The Attorney General has ruled on page 4 of the open meeting laws that Town Meeting and committees of Town Meeting are not subject to the open meeting laws. FINCOM, Bylaw and Rules Committees are by the Town of Reading Home Rule Charter committees of Town Meeting. The Town Clerk has continued to state that the work of the committee must be reviewed by Town Council, while I feel it should be, but by law after Town Meeting approves any proposed changes it goes to the State Legislature and they and they alone decide what is legal and what is not. They also, despite what the Town Clerk says, will determine if it must go before the voters. While I thank the Town Clerk for her input, which at times has been helpful, and her cross outs etc., I strongly feel that she has been very obstructive in that she does not or will not understand the law. She also suggested that this Board might wish to oversee the committee, under the State constitution, Town Meeting is the legislative branch and you are the executive branch and you have no authority over this committee which, if you had appointed it as your committee, you would. I ask you via the Town Manager to allow the Town Clerk to continue to help the committee but not to continue to hinder it because of her misunderstanding of the laws." The Town Manager noted that a lot of what we do is best practice. He prefers going to the voters. The question is do you want to go to the voters or do you want to go to the state. Page 1 2 Board of Selectmen Minutes - April 22, 2014 - page 3 Bill Brown indicated he has a problem with the Town Clerk saying they can't take that route and he wants clarification. Town Manager's Report - Lt. Robbins was present and suggested a motion to delegate to the Town Manager the authority to amend the parking and traffic regulations during the West Street project. A motion by Ensminger seconded by Sexton that the Board of Selectmen delegate the authority to the Town Manager to establish and amend parking and traffic regulations in the West Street area during the upcoming months of construction, and as defined in the "Town of Reading, Massachusetts Traffic Rules and Regulations adopted March 28,1995 as amended" said approval to expire November 1, 2016, or such earlier date as the construction Proiect may be completed and that the Town Manager shall present a report of progress not less than every six months was approved by a vote of 4-0-0. Proclamations/Certificates of Appreciation Arbor Day - A motion by Ensminger seconded by Halsey to approve the proclamation for Arbor Day was approved by a vote of 4-0-0. Discussion/Action Items Town Accountant Report - Town Accountant Sharon Angstrom noted that she received a management letter from the auditors regarding a contract that was significantly over the contract amount. The Attorney General's office says the rule of thumb is 20% but there is nothing in writing specifying an amount. There were four separate P.O.'s issued and that is how the amount went over by $500,000. She has since added herself as an approver. Jane Kinsella went through FY13 and FY14 and found a couple more that went over 20% so there . might be something about this again next year. John Halsey asked if this was a system,error or a personnel mistake. Sharon Angstrom indicated it was a little of both. The Engineers didn't fully understand the tool of the P.O. and she believes it was done in error. John Halsey noted there has to be accountability and a record made of it. Marsie West asked if procurement is being consolidated in one area and the Town Manager noted that Jane Kinsella is very capable but the Engineers refused to use her services. She is the expert and will now have the last word on it. The Town Manager noted he believes there was no malicious intent, just disorganized. In the past, Chapter 90 funds were carried over from year to year. Kevin Sexton asked if this is a training or procedure problem and Sharon Angstrom noted that she will do more training. She will sit with each Engineer individually. Fall Street Faire Committee - Steve Goldy and John Feudo were present. The Town Manager noted that in the past the Board has eliminated Boards and Committees through a hearing process. Steve Goldy noted that this is the 6th year of the Fall Street Faire. The goal was to celebrate the completion of the downtown improvements and to showcase the businesses. The Selectmen appointed the Committee and associates. He is now asking to have the committee disbanded and have the Recreation Department oversee the Street Faire and have volunteers do the work. The open meeting law creates a problem for the committee and this should be a town run event. He noted that the Faire is self-sustaining financially and the committee sunsets in 2015. Page 1 3 i Board of Selectmen Minutes - April 22, 2014 - page 4 The Town Manager noted that he attended one meeting of the Fall Street Faire Committee and they are a very well-run committee but the open meeting law slows them down. John Feudo noted that Reading Recreation will be involved no matter what. He also noted r.. that posting meetings and creating minutes was very time consuming. John Halsey asked if there will be any unintended consequences. Steve Goldy indicated the only problem is with the funds so he suggests setting up a revolving fund. Meaghan Young noted that the funds were move to the DIET. She has concerns that when the town takes it over then there will be no input on what the money is spent on. It is supposed to go back into the downtown after expenses are paid. Karl Weld, Chairman of the Economic Development Committee indicated the EDC wants to make sure the funds for the EDC initiatives continue. Marsie West reminded the EDC that she asked for results from certain EDC initiatives and she is still waiting. Mr. Weld indicated that they didn't have a quorum at their last meeting to review the results but they will have them for the Selectmen in May. Steve Goldy requested that the Board start the hearing process to disband the Fall Street Faire Committee. The Town Manager indicated he will meet with the Town Accountant regarding funding and consult with Town Counsel. Recreation Update - John Feudo, Jenna Fiorente and Irene Collins were present. John Feudo noted that the Washington Park renovation and the Memorial Park Lights are slated in the FY14 capital plan. The Killam Field renovation is in the FY15 capital plan. He noted that the current inventory is being evaluated in the Birch Meadow Master Plan. Imagination -- Station is slated to be a playground, but really is needed for parking. He noted it would be great to incorporate plans with the YMCA. John Feudo suggested a Saturday retreat to review the need for parking at Imagination Station; the field set up; lighting and security cameras. John Feudo noted that Reading Recreation offers over 200 activities. They use the pass system for the tennis courts and monitor them Monday through Friday. Additional lights at fields helps with scheduling. Their biggest challenge is the user expectation of the field quality. A pavilion is needed at Birch Meadow and that would create revenue. Approximately $50k is collected in field fees and $20k is used to supplement DPW parks staff. We have had 32 private rentals of the Mattera Cabin to date. Those revenues don't quite cover all the costs but they are increasing. He also looks to collaborate with regionalization whenever possible. Reading Ice Arena Update - Carl McFadden noted that the arena is financially sound. They have $330,000 in the revolving fund and $120,000 has been approved for a new Zamboni. Mr. McFadden indicated there might be an opportunity for the early education study to build something on the available land there. Verizon is looking to put an antenna on the property. John Halsey noted that area is the most under developed and there are utilization opportunities there. Carl McFadden noted there are no issues with the neighbors. Town Meeting Preview - The Town Manager noted that the Special Town Meeting has two articles - Article 3 to put money in the CIP and Article 4 is to authorize debt for the school early childhood center project. Page 1 4 Board of Selectmen Minutes - April 22, 2014 - page 5 Marsie West indicated she does not support Article 4 of the Special Town Meeting because it shifts the expansion to the tax payers and she hasn't heard the full facts. She would like to see a more community wide discussion on this. She feels it is not a good idea to rush. John Halsey asked for the purpose of the money being requested and Kevin Sexton indicated the money is to study the option. Daniel Ensminger indicated no other option is being considered and John Halsey indicated the borings could show that this location will support the facility. Kevin Sexton noted that they tried two ways to configure the building to make it fit and the best spot is as far to the street as possible. Daniel Ensminger noted he will abstain from voting on this because he is an abutter. Kevin Sexton indicated he is in support to do the feasibility study because the study will tell us whether or not this is the best place. Marsie West indicated that this will be expanding the operation budget of the schools. John Halsey noted there will be a lag time before state funds come in and tuition stops. The operational costs are yet to be determined. The Town Manager noted this will be a $1 million hit from free cash for the first year. Marsie West remarked about Article 14 that she has a hard time giving the schools $200,000 when they have $2.3 million in their revolving funds. John Halsey indicated that free cash is for one time situation demands, not to take for ongoing expenses. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 4 as amended of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 6 as amended of the 2014 Annual Town Meeting with the $485,000 for the school proiect being removed, was approved by a vote of 3-0-1 with Ensminger abstaining. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 7 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 8 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 9 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 10 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. Page 1 5 Board of Selectmen Minutes - April 22, 2014 - page 6 A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subject matter of Article 11 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 12 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 13 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 14 of the 2014 Annual Town Meeting per the handout in tonight's packet was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 15 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 16 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 17 of the 2014 Annual Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 3 of the 2014 Special Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen table the subiect matter of Article 4 of the 2014 Special Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey to reconsider the vote on Article 3 of the 2014 Special Town Meeting was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey that the Board of Selectmen recommend the subiect matter of Article 3 of the 2014 Special Town Meeting failed by a vote of 0- 4-0. A motion by Ensminger seconded by Sexton to move Article 4 of the 2014 Special Town Meeting from the table was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen recommend the subiect matter of Article 4 of the 2014 Special Town Meeting was approved by a vote of 3-0-1 with Ensminger abstaining. Review BOS/TM Goals - With the hour being late this agenda item will be rescheduled for another meeting. Planning for Department Head Retreat - The Town Manager noted that the Department Head Retreat is scheduled for May 10, 2014 at 8:00 a.m. and he requested that ideas be sent to him and John Arena. The Board discussed questions to poll Town Meeting members. Page 1 6 Board of Selectmen Minutes - April 22, 2014 - page 7 John Halsey noted that there is a workshop on May 5th from 9:00 a.m. to 11:30 a.m. at Sanborn Place for the business people to give feedback to analysis and he suggested that RCTV record the workshop. Approval of Minutes A motion by Ensminger seconded by Sexton to approve the minutes of March 11 2014 as amended was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey to approve the minutes of April 9 2014 was approved by a vote of 4-0-0. A motion by Ensminger seconded by Sexton to approve the Executive Session minutes of April 15, 2014 as written was approved on a roll call vote with all four members voting in the affirmative. A motion by Ensminger seconded by Halsey to adiourn the meeting at 10.30 p.m. was approved by a vote of 4-0-0. Respectfully submi ed, Secretary Page 7