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HomeMy WebLinkAbout2014-06-24 Board of Selectmen Minutes O�OFF ' Town of Reading RECEIVED o� ` r Meeting Minutes TOWN CLERK FADING. MASS. 6j9IMCo0.0.�a Board - Committee - Commission - Council: 1111 AUG 13 P ip 81 Board of Selectmen - Date: 2014-06-24 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Chairman John Arena, Vice Chairman Marsie West, Secretary Daniel Ensminger, Selectmen John Halsey and Kevin Sexton Members - Not Present: Others Present: Town Manager Robert LeLacheur, Police Chief lames Cormier, Office Manager Paula Schena, Bill Brown Minutes Respectfully Submitted By: Secretary Daniel Ensminger ' Topics of Discussion: Reoorts and Comments Selectmen's Liaison Reports and Comments - John Halsey noted that the Recreation Department has taken on the project of replacing the benches at the High School varsity baseball and softball flelds. He indicated this is a very notable project. Daniel Ensminger noted that the Volunteer Appointment Subcommittee met tonight and that report is the subject of an agenda Item. Kevin Sexton noted thathe met with the Cemetery Board of Trustees and there is still a need for the Cemetery garage. They want the Forest Glen location for the garage. They received a $7,500 state grant to repair the Civil War memorials. John Arena noted that he attended the CPDC meeting regarding the Library and it was good to see the compromise. The Finance Committee Appointment Committee interviewed and appointed two applicants and reappointed an incumbent. The Bylaw Committee Appointment Committee reappointed two Incumbents. Town Manager's Report - The Town Manager noted that there are still more vacancies - the Conservation Commission has two vacancies and CPDC has a vacancy. He will bring DPW in to discuss the Cemetery garage. Discussion/Action Items ' Appoint Town Counsel - The Town Manager noted that the three firms are Miyares & Harrington, Deutsche Williams and Kopelman and Paige. Kevin Sexton noted that Weston has Kopelman and Paige and they are happy with them. They use special counsel for land use. Their response time is good and they like the size of Kopelman and Paige. Page I 1 Board of Selectmen Minutes - June 24. 2014 - oaae 2 Marsie West indicated she received a good reference on Deutsche Williams. She has ' concerns about Kopelman and Paige regarding lack of experience in land use. John Arena noted he contacted Wilmington who uses Deutsch Williams and they spoke highly of them. He feels we need a generalist to address 80% of the issues and then bring in specialists when needed. Daniel Ensminger noted that Miyares and Harrington are the smallest with a ratio of seven lawyers for five towns. He noted that they knew Reading and the issues. There are no conflicts of interest with them. Deutsche Williams is a medium law firm and has the best depth of experience and the highest cost structure. Their two references highly appraised them. Kopelman and Paige has much experience and offers free seminars. The team leader is inexperienced In land use though. He is in favor of Mlyares and Harrington. John Halsey apologized for not being able to be present. He did watch the proceedings - though. He received very high recommendations from Canton and Wilmington for Deutsche Williams. They are a 24/7 flrm and they are litigators. He feels they would be good for special counsel. Deutsche Williams also represents Wilmington and that could create Issues. Mlyares and Harrington are familiar with Reading. Hopkinton Is similar to Reading and they represent them. The fact that Mlyares requires his employees to do volunteer work and the fact that they won't represent any neighboring towns Is a big factor to him. John Arena noted that Miyares and Harrington Is more Informal in communication and John Halsey indicated that he feels that Town Meeting will embrace that. John Arena asked for a show of hands in favor of each firm. Kopelman and Paige received 0 ' votes; Deutsche Williams received 0 votes and Miyares and Harrington received five. A motion by Ensminner seconded by West to appoint the firm of Miyares and Harrington as Town Counsel for a term expiring June 30k 2014 was approved by a vote of 5-0-0. Marcie West directed the Town Manager to negotiate a rate with Miyares and Harrington. Hearing - Sunnyside/Fairview 4 Way Stop - The Secretary read the hearing notice. The Town Manager noted that Mr. Dolan, the person requesting the four way stop, is unable to be present tonight. - Marsie West noted that she goes through this Intersection very often and rarely sees other cars or pedestrians. She feels this request is overkill. The Town Manager noted that he received a phone call from Mr. Conwell who is against it. The Board has also received several emails In the handout from people opposed to it. Kevin Sexton noted that he's familiar with the area and it doesn't seem necessary. John Arena noted that Mr. Dolan expressed concerns for the children. Police Chief James Cormier distributed a page from the Manual on Uniform Practice. He informed the Board that they need to pay attention to the guidance or else they will end up ' putting up stop signs at every intersection. Multi-way stops are sometimes used before signalizing an Intersection. Other requirements are a high accident rate and large volumes of traffic. That route was recently designated a Safe Route to School and the sidewalks were redone and new signage was put up. If the study had showed the need for a multi- way stop, they wouldn't have done the work. Chief Cormier noted that the average speed is Page 12 Board of Selectmen Minutes - June 24. 2014 - page 3 low to mid 20's on those roads. The bush on the corner is a concern though. Mamie West noted that house has a new owner and they cut back the bush this past weekend. Marsie West noted that cars are parked close to Prescott on the corner and Chief Cormier indicated they could put up a sign saying do not park close to the corner. Elizabeth Gesmundo, 34 Sunnyside Avenue noted that she was home when both accidents happened. She noted that the site line is the problem. A commuter cannot see if they are stopped at the sign. They have to pull out Into the intersection. She indicated you can see to the left but not to the right. She also noted that the sidewalk plan called for the bush to be removed but It wasn't and that's a big concern. She also noted that the location of the crosswalk is dangerous and no children cross there. She feels this Intersection meets the requirement of not being able to see oncoming traffic. A motion by Ensminaer seconded by West to close the hearing on the proposed four way stop at Sunnyside and Fairview Avenue was approved by a vote of 5-0-0. John Halsey indicated that he understands Ms. Gesmundo's concern about the children but he is struggling to find the answer in the guidelines to approve it. He feels the Board needs to rely on Chief Cormier to give them guidance. He is also Indicated he Is bothered by the fad that this took two years to be put on an agenda and the person who requested this was unable to be present tonight. John Arena noted there are also concerns with air pollution. He feels this is more of a site line issue due to a tree and a bush. ' Mamie West Indicated that if they approve this sign then everyone is going to want a sign. A motion by Ensminaer seconded by Arena to reconsider the closing of the hearing was approved by a vote of 5-0-0. The Town Manager suggested having Engineering do a study and Chief Cormier indicated if Engineering .did a study that would comply with the guidelines and the outcome will be based on fads. A motion by Ensminaer seconded by West to continue the hearing to July 29, 2014 at 8:00 p.m. was approved by a vote of 5-0-0. Appointments of Boards Committees and Commissions - Daniel Ensminger noted that he and Kevin Seaton conducted interviews this evening and will be recommending Sandra Popaja and Christine Hansen to positions. He also noted that he requested all Incumbents of the Historical Commission be present for an Interview because he had concerns. He recommends appointing those three who came in for an Interview and to leave Roberta Sullivan's position vacant because she did not. The Volunteer Appointment Subcommittee will be happy to consider Roberta Sullivan if she comes in for an Interview. A motion by Ensminaer seconded by West to appoint Robert Mittnight to a term on the Historical Committee endina June 30. 2017 was approved by a vote of 5-0-0. L A motion by Ensminaer seconded by West to recommend appointing Nancy Kohl and Virainia Adams to Associate terms on the Historical Commission endina June 30. 2015 was approved by a vote of 5-0-0. Page 1 3 Board of Selectmen Minutes - lune 24 2014 - page 4 A motion by Ensminger seconded by West to appoint: , • Tina Ohlson to the Animal Control Appeals Committee with a term expiring June 30, 2017; • Kathleen Hackett and Damage Caouette to the Board of Appeals with terms expiring June 30, 2017: • Olive Hecht and Janet Baronian to the Board of Cemetery Trustees with terms expiring June 30. 2017: • Andrew Friedman to the Board of Health with a term expiring June 30 2017 • Harry Simmons to the Board of Registrars with a term expiring 3une 30 2017; • David Williams and Ronald D'Addario to the Climate Advisory Committee with terms expiring June 30, 2017, was approved by a vote of 5-0-0 A motion by Ensminger seconded by West to appoint: • Michele Benson and Gina Snyder as Associates to the Climate Advisory Committee with terms expiring June 30. 2015: • Elizabeth Kleveis and Marsie West to the Commissioners of Trust Funds with terms expiring lune 30. 2017; • Terrence Selle to the Conservation Commission with a term expiring June 30, 2017; • Sally M. Hoyt to the position of Constable with a term expiring lune 30 2 • Charles Adams and David Tuttle to the Community Planning and Development Commission with terms expiring June 30 2017• • George Katsoufis as an Associate on the Community Planning and Development Commission with a term expiring June 30 2015 was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to appoint • Kevin Walsh, Sandra J. Shaffer and John Parsons to the Council on Aging with terms expiring June 30, 2017: • Margaret Caouette and Donna Schenkel to the Cultural Council with terms expiring June 30. 2017; • Francis Driscoll as the Custodian of Soldier and Sailor Graves with a term expiring lune 30. 2019: • Marla Higgins and Sheila Clarke to the Economic Development Committee with terms expiring Junnde 30. 2017: • John Russell and Sara Popaia as Associate members on the Economic Development Committee with a term expiring June 30 2015• • Denise Benard to the Fall Street Faire Committee with a term expiring June 30, 2017; • Timothy Kelley to the Housing Authority with a term expiring lune 30 2019 was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to appoint • Kyung Yu to the Human Relations Advisory Committee with a term expiring lune 30. 2017; • Mark Segalla to the Human Relations Advisory Committee with a term expiring June 30. 2016: • Christine Hansen to a Position on the Human Relations Advisory Committee with a term expiring June 30. 2015; • Camille Anthony as an Associate member of the Human Relations Advisory Committee with a term expiring June 30 2015• • Steven Sadwick to the Metropolitan Area Planning Council with a term expiring June 30, 2017; Page 14 Board of Selectmen Minutes - lune 24 2014 - page 5 Adam Chase and Richard Hand to the Recreation Committee with terms expiring June 30. 2017: John Winne as an Associate member on the Recreation Committee with a term expiring June 30. 2015, was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to appoint: • Carl McFadden to the Reading Ice Arena Authority with a term expiring June 30. 2017: • David Mancuso to the RMLD Citizen Advisory Board with a term expiring June 30. 2017• • Farrukh Naimi to the Town Forest Committee with a term expiring lune 30. 22a2�7- • Kurt Habel as an Associate member to the Town Forest Committee with a term expiring June 30. 2015; • Will Finch to the Trails Committee with a term expiring June 30. 2017: • John Parsons as an Associate member of the Trails Committee with a term expiring June 30. 2015; • Ilene Bornstein to the West Street Historic District Commission with a term expiring June 30. 2017; • Alyssa Scaparotti to the West Street Historic District Commission with a term expiring June 30. 2016. was approved by a vote of 5-0-0. Planning for Board of Selectmen Appointed Boards Committees and Commissions Workshop - The Town Manager noted that -past Boards talked about having summits but never decided to hold one. The Selectmen indicated at the retreat that they would like to hold an event in October so we should start spreading the word. The community partner topic covers almost every Board, Committee and Commission. He suggests Inviting all but ask for at least two members from each committee. John Arena indicated the priority will focus on how we work together. He also suggested asking for a RSVP. The Town Manager noted that a packet needs to be sent out ahead of time and the Board needs to decide if they want a moderator. Charter Committee - Board of Selectmen input - John Arena noted that he and the Town Manager will meet with the Charter Committee and pass along any comments. He noted that there is no vehicle for removing an individual from a Board, Committee or Commission. Daniel Ensminger asked if this was a Charter Commission or Committee and Bili Brown indicated they are both the same. Town Clerk Laura Gemme disagreed and indicated that a Charter Committee cannot change the form of government i.e. change elected Boards to be appointed. Marsie West Indicated this Is a question for Town Counsel. Daniel Ensminger noted that the purpose of the Committee was to make minor changes without bringing it to the voters. Marsie West asked why the paragraph indicating the Selectmen can appoint a standing committee on page 12 Is being deleted. Laura Gemme noted there was a question as to ' what the term means. Alan Foulds noted that paragraph was moved to page 17. Marsie West indicated- she had concerns about allowing other Boards to set up standing committees. John Arena noted that is a broadened intent and asked why. Bill Brown responded because the Light Board does it. Marsle West indicated that was true but it is not effective and it's a way to hide what is happening because they require no postings or public input. Page 15 Board of Selectmen Minutes - June 24. 2014 - page 6 Marsie West asked why nomination papers must be picked up in person in section 2-5 and ' Laura Gemme indicated that's due to State law. Marsie West asked why the oath of law was taken out and Laura Gemme Indicated the MGL does not require it, it's just a tradition. John Arena indicated he wants to see documentation of the reasons behind each change i.e. state law and the Town Manager Indicated that can be done in footnotes. Marsie West noted that the language regarding vacancies Is not consistent in 2-3 and 2-6. Daniel Ensminger noted that he is In favor of adding in a process to remove a Board, Committee or Commission member. Alan Foulds Indicated he supports a removal process also. The Town Manager noted that lack of attendance is one just cause. John Arena noted that on page 11 regarding the circulation of a referendum petition. Nowhere does It say a person could craft their own language. The Town Manager noted that the Finance Committee has term limits and they are asking that a partial term not count towards the term limit. Alan Foulds noted that they can modify it for anything less than two years won't count. John Arena directed the Board to send their comments to Alan Foulds with a copy to Laura Gemme. A motion by Ensminger seconded by West to go into Executive Session to discuss strategy with respect to collective bargaining and to discuss strategy with respect ' to the purchase exchange lease or value of real Property and that the Chair declares that an Open Session may have a detrimental effect on the bargaining Position of the Board and not to reconvene in Open Session. The motion was approved on a roll call vote with all five members voting in the affirmative Respectfully submitted, 9 '94-�-� Secretary Page 16