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HomeMy WebLinkAbout2014-09-23 Board of Selectmen Minutes c ti Town of Reading Meeting Minutes /p W ECE�VED b �0�639:lXCORQO �,p�N��L ERX J !F�SS. ... Board - Committee - Commission - Council: 1011 Board of Selectmen OCT 29 Date: 2014-09-23 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, John Halsey and Kevin Sexton Members - Not Present: Others Present: Town Manager Bob LeLacheur, Office Manager Paula Schena, Attorney Robert S. McCarthy, David Williams, Robert Salter, Michele Benson, Laurie Ann Sylvia, Kathy Greenfield, Gina Snyder, Terry Selle, Nancy Dockter, Ron O'Keefe Jr. Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - Marsie West noted that she watched the Reading Municipal Light Board meeting last evening and there was a lot of discussion regarding Articles 14 and 15. They discussed the timing of the articles and noted that the trucks have been returned to the Light Department and policies are being reviewed. The Town Accountants investigation found that procedures were not followed. The policies at the Light Department are very old and she noted that changes were made regarding the sale of Renewable Energy Certificates and subcommittees while she served on the Commission. She was not sure why the policies did not continue to be reviewed and updated after she left the Commission. John Arena noted that he watched the same video and noted that Article 14 puts in place the language for the Finance Committee to look at the RMLD and Article 15 corrects the language gap that makes a distinction between the Town, Schools and RMLD with regard to Finance Committee inquiries.. Kevin Sexton noted that he and John Halsey attended a MAPC meeting today. They will be doing a market Analysis of downtown, One General Way, the property behind the RMLD and looking at industrial sites. They will hold two public meetings and will have a plan by June 2015. Daniel Ensminger attended a Historical Commission meeting. Criterion has presented a second plan which will not demolish the house and puts the parking in the rear. He feels the neighbors did a good job. He attended the Financial Forum on September 10th. He requested that the Board send a letter to the State reps urging full restoration of the lottery aid. In addition, he attended the RCASA presentation and they have received a grant for $125,000 per year for five years; a two year $50,000 per year grant to certify school Page 1 1 Board of Selectmen Minutes - September 23, 2014 - page 2 educators and support staff in youth mental health first aid; and lastly they received a 5 year $250,000 grant to implement multi-tiered systems of supports for all students K-12. John Halsey thanked Selectman Ensminger for attending the RCASA meeting for him. He noted that RCASA has taken the leadership role and their annual meeting is October 1, 7:00 p.m. in the Performing Arts Center. He noted there will be a reconnect of the World Cafe on October 23rd at the field house and there will be regional interest in this. The Board of Health has been undergoing a strategic planning process to try and understand where we are and where we are going. The Recreation Committee has an offer for Birch Meadow that calls for dugouts at Morton Field and it will be done free as a public/private partnership. Also, the Recreation Committee is partnering with a software company to schedule the tennis courts online. They are also working on a policy regarding running of various camps regarding employees declaring a conflict of interest. The lights are up at Memorial Park and will be on October lst. There is a new rock wall at Memorial Park; Washington Park is underway and the first phase will be done by mid-October; there will be Trick or Treating in downtown this year; 600 kids are signed up for flag football and there are girls divisions; and the Fall Street Faire was a big success. John Arena agreed with Selectman Halsey that the public/private partnerships works so well and will continue to grow. Public Comment - Bob Salter, 247 Summer Avenue agreed that the public/private partnerships work so well. He also noted that there is a concern regarding Criterion. They have collected 650 signatures asking Criterion to find another site. There are 250 signs on lawns and another 250 signs will be added this week. The community is collectively voicing concerns and the alternate plan does very little for the concerned residents. It is a bad deal for the neighborhood and Criterion should be encouraged to find a more appropriate location. Bill Brown noted that today is the 70th anniversary of the Rockets. Attorney Robert McCarthy, 39 Pine Ridge Road, noted he is the rep to the Northeast Regional Vocation School. They are planning on holding a lottery for labor which will give $10,000 in free repairs to town vehicles and he needs a contact for the Town. The students will do the body work and repairs for free and the Town pays for the materials. They will draw a winner on October 9th. They are trying to connect with communities. The Town Manager suggested that the kids put a plaque on their work. Bill Brown noted that he used them to make the hooks for the plants at the cemeteries. Ron D'Addario noted that the students did the renovation work at the Mattera Cabin. Town Manager's Report - The Town Manager noted that the Library bids will be in the later part of October and as far as he knows everything is on track. The Board of Selectmen are posted for 7:00 p.m. on September 29th regarding Morton Field. On page 8 and 9 of tonight's handout is information on Chelsea being honored as "All America City". Chelsea City Manager Jay Ash invited him to this event and all of the winners had recovered from bad situations. Chelsea used a process similar to the 2020 process that we are doing. The "Amish Renegade" is being filmed in Reading and they like Reading so much they will do a lot of shots around Town. Lastly the Board of Selectmen, School Committee and Finance Committee will meet to discuss the financial impact of the grants and Schools/Town and public partnerships. Discussion/Action Items Climate Advisory Committee Adaptation Report - The Climate Advisory Committee members were present. Chairman David Williams noted that the report was based on data from many resources. The climate is changing including rising temps and sea water warming. The U.N. report indicates that if nothing is done the temperatures will continue to rise. We Page 1 2 Board of Selectmen Minutes - September 23, 2014 - page 3 are experiencing migrating weather patterns with more heat waves and violent storms. Climate change brings disruption of power and sanitary services, reduced access to food and water, heat stress, worsened respiratory and cardiovascular disease, damaged homes and property, and wetland degradation. Mr. Williams noted that emergency preparedness should be encouraged including assembling emergency kits for the home and car; plan emergency evacuation, route/destination; employ alternative forms of energy and knowing the emergency siren signals. John Arena asked who they are getting the word out and Mr. Williams indicated they do Green Articles for the newspaper and distribute information on Earth Day, the Fall Street Faire and the Reading Municipal Light Department. Ron D'Addario noted that the problem is that the word needs to get out. He noted he joined the climate walk in New York this past weekend. He noted that we need to adapt to what is happening and what will happen in the future. It takes 10 years before we feel the affect. The Board thanked the Climate Advisory Committee for their work. Hearing - Town Forest Committee Rules and Regulations - The Secretary read the hearing notice. The Town Manager noted that Town Counsel indicates that #13 does not fall under the purview of the Town Forest Committee. Town Forest Committee Chairman Terence Selle indicated that all parties including Boy Scouts, dog walkers and bird watchers are happy with the rules and regulations. He noted that they could correct the wording about fines to say it will be administered by the Police or . . Fire Department. John Arena asked if there is a chronic issue and Mr. Selle indicated not that he is aware of but there were some deliberate fires set. Daniel Ensminger noted the wording is redundant because it is stated in the law. Mr. Selle noted that they are looking at putting up kiosks with the rules inside and they can also put up warnings and information. John Arena noted that the rules are rather long and suggested combining #2 and #4, #5 with #6, #10 with #11 and #7 with #17. A committee member noted that #7 and #17 are specific to groups. Marsie West asked if 32 included Town work and the Town Manager noted if it is an emergency we fix it, if not then the Town Forest Committee does. Gina Snyder thanked the Town Forest Committee for their work. She noted that seven rules weren't working. The Police said they couldn't enforce because there were no rules and that is why they are lengthy. Todd Petrine, a resident on Temple Street, commented that #5 and #6 should be separate. A motion by Ensminger seconded by West to close the hearing amending the Town Forest Committee Rules and Regulations was approved by a vote of 5-0-0. A motion by Ensminger seconded by West that the Board of Selectmen approve the Town Forest Committee Rules and Regulations as amended by striking #13 and renumbering the remainder was approved by a vote of 5-0-0. Hearing - Order of Taking - 87 and 93 Belmont Street - The Secretary read the hearing notice. Town Engineer George Zambouras noted that this is the next to the last step in Page 1 3 Board of Selectmen Minutes - September 23, 2014 - page 4 acquiring the water easement to improve water flow in the Libby Avenue area. This easement is over the existing drainage and sewer easement. We are not increasing easement space, we are just adding water use to it. The assessed value is $200 and the water main will be installed next summer. ... Kevin Sexton asked where the easement is and what is there now. George Zambouras noted that the easement is 10 feet on either side and there is a drainage brook, sewer line and plantings there now. The plantings will be replaced. John Halsey asked if we are running another pipe and George Zambouras noted that we are running another pipe and adding another use. Christopher White, 93 Belmont Street, noted that the dotted line is flared and George Zambouras noted they had to angle the easement to go around a tree that Conservation won't let us remove. Erland Anderson, 87 Belmont Street, noted that the Conservation Commission declared that as a drainage ditch. George Zambouras noted that the dark blue line is a river and the light blue could be a river or stream. Mr. Anderson noted that there is a telephone pole at the beginning of his driveway and George Zambouras noted that the pole and iron pins will be reset. Mr. Anderson asked how the Town will get equipment in without trespassing and George Zambouras noted we will remove the telephone pole if the need be. Mr. White asked how the dollar amount was figured and the Town Engineer noted that there is not a big difference in area of the existing easement already there. If it were a brand new easement then it would have been worth more. The rhododendrons will be removed and replanted. The trees will be removed and replace but will not survive replanting so the Town will replace with whatever the resident wants as long as it's not too big. Mr. White asked if he had a choice on whether he wants the easement and the Town Engineer noted Libby Avenue is surrounded by wetlands and this is the only way to go. Mr. White noted he is losing his privacy screen. Kevin Sexton noted that a lot of flowering trees grow low and the Town Engineer noted that they cannot plant on the easement. John Halsey noted that if the homeowners want something different we should be able to accommodate within reason. A motion by Ensminger seconded by West to close the hearing was approved by a vote of 5-0-0. A motion by Ensminger seconded by West to approve the order of taking of water easements at 87 and 93 Belmont Street was approved by a vote of 5-0-0. Close Warrant for Subsequent Town Meeting - Dorothy and Walter Marshall were present asking the Board to sponsor an Article that will not allow the discharge of firearms on private property because they feel it is a public safety issue. Mrs. Marshall noted that they have reported it to the Police that there are shots at nighttime in the winter for trapping and shooting of animals. They were told they need Selectmen approval and she wants this done before hunting season. She noted that her abutters will support this. Mr. Cohen or Tony Ringley can present to Town Meeting. John Arena asked when the last discharge was and Mrs. Marshall indicated in March. She feels it is ludicrous that a person can discharge a firearm on their property and noted that some guns can shoot at a distance of two miles. They have to be 150 - 200 feet from a structure and there are only two parcels in Town where this can be done. Page 1 4 Board of Selectmen Minutes - September 23 2014 - page 5 John Arena asked what the Police response was and the Town Manager noted that the Police investigated and found nothing. John Arena asked if there is any damage or evidence and Mrs. Marshall indicated there is not. John Arena asked if it could be fireworks and Mrs. Marshall indicated it could be but she doesn't think it is. John Halsey asked what other places in Town this would affect if this was endorsed. He asked about the unintended consequences of supporting this and what is considered too close for someone to be shooting. Selectman Halsey also noted that the gun that shoots two miles are not allowed for hunting. The Town Manager noted that our GIS Coordinator can answer those questions but she has not been a part of this exercise. Kevin Sexton noted that all of the abutting Towns do not allow the discharge of firearms. John Arena noted that he wants to see the GIS map and consider this for a future Town Meeting. He wants to hear from the Police Chief and GIS Coordinator first. Chairman Arena noted that he wants to get it right instead of fast. We are trying to do due diligence. There is no sign of damage or evidence and they are not even sure where the shooting is coming from. The Town Manager noted that Mrs. Marshall did report this to the Police in July and they have been investigating it but there was no talk in July about going to Town Meeting. He noted that the Board could move to amend the Warrant by striking Article 10. John Halsey noted that if they have a petition they can put it on the warrant without Selectmen approval. The Town Manager noted that the language of the petition that the Marshalls circulated is not in the proper format to be added as a petition article to the Subsequent Town Meeting Warrant. Marsie West and Kevin Sexton indicated they support putting it on the Warrant and then do the due diligence. Daniel Ensminger noted that having the Selectmen sponsor an Article implies that the Board of Selectmen endorse it. Marsie West noted that only two votes of the Board of Selectmen are needed to put this on the Warrant. A motion by Ensminger seconded by West to close the Warrant consisting of 10 Articles for the 2014 Subsequent Town Meeting to take place on November 10 2014 at the Performing Arts Center, 62 Oakland Road was approved by a vote of 3- 0-2 with Halsey and Arena abstaining due to lack of information on Article 10 Close Warrant for November Election - Daniel Ensminger noted that the Warrant states that this is the State Primary Warrant when it should say the State Election Warrant and that needs to be corrected. A motion by Ensminger seconded by West to close the Warrant for the November 4, 2014 State Election as amended was approved by a vote of 5-0-0. Hearing - Request for Early Opening - Cumberland Farms, 303 Salem Street - The Secretary read the hearing notice. Attorney John Smolack was present representing Cumberland Farms. He noted that the request is to open at 5:00 a.m. from Monday - Friday. The cars are lining up at 6:00 a.m. and they want to capture the early commuters. He feels there is no significant impact to the neighborhood. Also, 8 Torre Street has been purchased to add parking onsite. Page 1 5 Board of Selectmen Minutes - September 23, 2014 - page 6 Marsie West asked if the deliveries and trash pickup schedules will remain the same and Attorney Smolack indicated that is correct. The Town Manager noted that CPDC issued the site plan review and that dictates the trash and delivery hours. He also noted that it has been a pleasure working with the Cumberland Farms staff. Ron O'Keefe, from Precinct 1, asked what other businesses open early and the Town Manager noted that JK Market, two Starbucks, two Dunkin Donuts and a Shell station that is open 24 hours. Pat Driscoll, 7 Line Road, noted that this will be added noise and the cars will start lining up at 4:30 a.m. now. He noted he can't have his window open because of the car doors slamming. This will add to the traffic and lights at his house. He is against this. The Town Manager noted that if this is approved it will expire December 31, 2014 and there will be a renewal process. Mr. Driscoll indicated they don't need to open an hour earlier. He noted that this has become a construction truck meeting area with trucks running and people talking. He noted that is why they added to the parking lot. Attorney Smolack noted that there is a fence and a brook between Mr. Driscoll's house and the store. Mr. Driscoll noted that it is not just headlights but store lights that shine on his house. Daniel Ensminger noted that he will vote against this because there is already a detriment and it will worsen with this. John Arena noted that this can be approved and corrected midcourse. Kevin Sexton indicated this is a short window and can be corrected if there is a problem. The store Manager noted that they have changed the lighting when the neighbor asked them so they are trying to be a good neighbor. The new hours will start after the construction in about three weeks. Mr. Driscoll asked how this benefits the Town of Reading and John Arena noted this meets public safety needs for gas and food. A motion by Ensminger seconded by West that the Board of Selectmen close the hearing on the request for early opening for Cumberland Farms, 303 Salem Street was approved by a vote of 5-0-0. A motion by Ensminger seconded by West that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6:00 am pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to Section 3.9 of the Board of Selectmen Policies to Cumberland Farms, 303 Salem Street, subiect to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5:00 am on Monday through Friday, and not earlier than 6:00 am on Saturday Sunday, and holidays. 2. This approval expires at midnight, December 31, 2014; 3. All signs shall conform to the Zoning Bylaws of the Town of Reading; Page 1 6 Board of Selectmen Minutes - September 23, 2014 - page 7 In granting this license 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 motion was approved by a vote of 4-1-0 with Ensminger opposed. Amend Board of Selectmen Policy 3.2.7.4 Agents of the Licensing Authority to include Deputy Chief - John Arena noted the current language does not have Deputy Chief so that needs to be added. A motion by Ensminger seconded by West that under Selectmen's Policy 3.2.7.4 that the Licensing Authority hereby appoints the Deputy Chief of Police as an additional agent of the Licensing Authority to insure that the policies of the Licensing Authority and the Massachusetts State Laws regarding Alcoholic Beverage Licensing are adhered to by all licensees, was approved by a vote of 5-0- 0. Award Bond Anticipation Note Sale - The Town Manager noted that we usually don't issue short bonds but this has to be done in the fiscal year for West Street, easements and possibly some temporary library funding. A motion by Ensminger seconded by West that all action taken by the Town Treasurer in advertising for public sale of the $1,000,000 Bond Anticipation Notes, (the 'Note") of the Town authorized pursuant to Chapter 44, Section 7 of the Mass General Laws, as amended and supplemented, and by votes of the Town duly adopted, be and hereby is ratified, approved and adopted; That the Note shall be dated as of September 26, 2014, shall mature on February 6, 2015, shall bear interest due at maturity, and shall not be subject to redemption prior to its stated maturity; That the Note shall bear interest and is hereby sold and awarded as follows: Purchaser Amount Int. Rate Premium Century Bank $1,000,000 0.4192% $3,000.00 That the Town Treasurer is authorized to deliver the Note to purchaser and that the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are authorized to take action to execute and deliver all documents related to the Sale. The motion was approved by a vote of 5-0-0. Approve Change of DBA for the Wine Shop of Reading - A motion by Ensminger seconded by West to approve the change of dba for Brooks Brew and Fine Wines, LLC to the Wine Shop and More was approved by a vote of 5-0-0. Finalize Town Manager FY15 Goals - The Town Manager noted that the summary begins on page 23 of tonight's handout. He noted that many Selectmen met in individual meetings except for Marsie. Marsie West indicated she would like to add actively marketing the Town to residents and businesses and build good relations with businesses. The Town Manager noted that 1/3 of the goals didn't fit in the plan. John Halsey noted that is because it's tactical. Page 1 7 Board of Selectmen Minutes - September 23, 2014 - page 8 John Arena and Daniel Ensminger indicated they would work with the Town Manager to add the goals into a framework. A motion by Ensminger seconded by Halsey to approve the FY15 Town Manager goals as presented was approved by a vote of 5-0-0. Town Manager Evaluation - John Arena noted that John Halsey and Daniel Ensminger prepared the format for the review. Daniel Ensminger asked for comments. John Arena indicated he thought they talked about three rankings - 1 - 3 and N/A. Daniel Ensminger indicated he will change it to: 1 - N/A; 2 - does not meet; 3 - meets; 4 - exceeds. Approval of Minutes A motion by Ensminger seconded by Halsey to approve the minutes of September 2, 2014 as amended was approved by a vote of 5-0-0 A motion by West seconded by Sexton to adiourn the meeting at 10.27 p.m. was approved by a vote of 5-0-0. Respectfully submitted, Secretary Page 8