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HomeMy WebLinkAbout2014-12-09 Board of Selectmen Minutes o � x Town of Reading Meeting Minutes , 638+1NC0 Board - Committee - Commission - Council: Board of Selectmen Date: 2014-12-09 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 Members - Not Present: Kevin Sexton Others Present: Town Manager Bob LeLacheur, Office Manager Paula Schena, Bill Brown, Alice Collins, Edward Sartell, David Pinette, Marc Pinette, Raymond Boyd, Ruth Boyd, Anthony and Barbara Bono, Stephen Crooke, Phil Pacino Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments 'Selectmen's Liaison Reports and Comments — Marsie West noted that she spoke with Joanne Senders regarding the Zoning Bylaw changes. She attended the tree lighting and the Reading Community Singers concert. John Arena noted that he went to Camp Curtis Guild with John Halsey and Bob LeLacheur to welcome back the troops from Afghanistan. He attended the CPDC meeting last night regarding the Criterion project and the conduct of all in attendance was outstanding. Daniel Ensminger noted that he attended the School Space Committee meeting. The state aid for full time kindergarten is no longer available. The need is still there but the funding is not. He noted that he watched the CPDC meeting regarding 186 Summer Avenue and the meeting was run very professionally. The hearing was continued to January 12`h. John Halsey noted that he attended also attended the Space Committee meeting and there was discussion about the impact of the Permanent Building Committee. The question what it will do to the Space Committee and they have information they want to pass along to the community. He attended the RCASA meeting and the focus was on the report on the multi-town World C66. He attended a meeting with the library folks regarding the pay and class plan. He attended the Rotary by invitation and the Robotics Team from Reading Memorial High School was there and they are very competitive. He suggests inviting them in to a meeting. The first Northshore District Robotic Competition is March 6 —March 8 with 36 teams competing and they will also sponsor a food drive at the event. He also attended the Camp Curtis Guild welcome home. . In addition,he had office hour tonight and one visitor came thinking they had one hour when in fact it is only one half hour—perhaps rename the event. Page I 1 Board of Selectmen Minutes—December 9, 2014—page 2 i Town Manager's Report — The Town Manager noted that the Reading Ice Arena Authority ; brought in a check for $163,579 which is the highest they have ever contributed — they usually contribute$50,000 - $100,000. He thanked the Community Planning and Development Commission for the meeting last night on Criterion and also thanked facilities for setting up an alternate space in case they needed it. A 9t' article has been added to the Special Town Meeting Warrant to settle possible litigation. He has included the proposed Charter in the Warrant and will do a translation guide to explain. Personnel and Appointments Council on Aging, Cultural Council, Fall Street Faire Committee, Human Relations Advisory Committee, RCTV Board of Directors, and West Street Historic District Commission — Daniel Ensminger noted that he met with Kevin Sexton on December 4, 2014 to interview applicants. The Council on Aging approves of Associate members. j A motion by Ensminaer seconded by West that the Board of Selectmen accept the recommendation of the Volunteer Appointment Subcommittee and make the following P appointments: • Marilyn Shapleigh to• a position on the Council on Aging with a term expiring June 30,2015, Jolyn Ek and Brian Snell as Associate members to the Council on Aging with t terms expiring June 30,2015; • Brian Snell to a position on the Fall Street Faire Committee with a term expiring June 30, 2015 to fill the vacancv created by Steve Goldy's } resignation; • Greg Maganzini to the West Street Historic District Commission with a term expiring June 30,2016; • Nancy Ziemlak to a position on the Cultural Council with a term expiring June 30,2017; • Stephen Goldv to a position on the Reading Community TV Board of ` Directors with a term expiring June 30,2016; f • Camille Anthony to a full position on the Human Relations Advisory I Committee with a term expiring June 30,2015; The motion was approved by a vote of 4-0-0. i Discussion/Action Items Approve Licenses — John Arena noted these are the non-alcohol licenses including common ! victualler, entertainment, automatic amusement, Class 1, 2 and 3, livery licenses, early openings and 24 hour permit. The Town Manager noted there are no issues with any of the licenses. The Board had requested to review Cumberland Farms early opening, but the construction won't be starting until March and the early opening will begin after that. Close Warrant for January 5, 2015 Special Town Meeting — The Town Manager reviewed the Warrant for the Special Town Meeting. He noted that the Bylaw Committee wants to know if Article 5 accomplishes what the Town wants and he can't answer that. It is up to Town Meeting to decide. Page 1 2 Board of Selectmen Minutes—December 9, 2014—page 3 Article 6 sets up a permanent Building Committee consisting of five permanent members and two members depending on the project. Two more members could be added if state funding is involved. They are suggesting $2 million as a trigger for their review. The Chairman of the School Committee, Chairman of the Board of Selectmen and Town Moderator will be the appointing authority. John Halsey asked if they will do an annual report and the Town Manager indicated they will. John Arena noted that this committee could conflict with the Capital Improvement Plan. Article 7 is the Charter and a recommended change would allow for non-residents to be appointed to Boards and Committees for positions that require technical skills or perhaps a committee that needs a business owner as a member. Also, a Bylaw would be needed to appoint Associate and allow them to vote, but they wouldn't be allowed to vote in the first 120 days. Article 8 is a formality. The State could instruct the Town to bring the changes to the voters or if it doesn't then it will become effectively immediately. Article 9 is a place holder for possible settlement of litigation. A motion by Ensminger seconded by West that the Board of Selectmen close the Warrant consisting of 9 Articles for the Special Town Meeting to take place on January 5, 2015 at the Reading Memorial High School at 7:30 p.m.was approved by a vote of 4-0-0. Hearing — Approve Results of FY15 Compensation and Classification Plan Study — The Secretary read the hearing notice. The Town Manager noted that he hired a consultant, Donald Tyler from Human Resource Partners to look at the non-union pay and classification. All non- union staff completed a questionnaire. A survey went out to 26 communities and 20 responded. There are recommendations for pay and classification changes. The empty positions were not scored. DPW and Public Safety scored higher because they are basically all union. We looked at the midpoint of the external pay range. The current structure of our compensation plan is 4%- 6% below the average, except that the Library is above the average. Administrative Services, Community Services and Finance are at the bottom of the scale. The consultant suggests 10 — 13 grades but adding steps and changing percentages between grades is impossible to do. He will use the existing framework to address the most serious of inequities which consists of 16 positions. The consultant will come back with a long term fix. John Halsey noted that Town Meeting needs to understand the gravity of the situation and realize that we are only solving to the midpoint,not the highest paid. The Town Manager noted that Reading is a model. The Town expects top quality but is not willing to pay the average pay. This is an organizational problem. The Schools are seeing turnover because of money. A motion by Ensminger seconded by Halsey to close the hearing on the results of the FY15 Compensation and Classification Plan study was approved by a vote of 4-0-0. A motion by Ensminger seconded by West to approve the amendments to the FY15 Compensation and Classification Plans are presented was approved by a vote of 4-0-0. Page 13 Board of Selectmen Minutes—December 9, 2014—page 4 r Discuss Change in Bylaw Regarding? Firearms — John Arena noted that a petition was presented to the Town. Article 5 deletes the last sentence in the bylaw relating to hunting and sporting. x ' The Town Manager noted that this was proposed at the November Town Meeting but the Town was not aware that it affected other property owners so Town Meeting tabled it. The residents have brought it back by petition and everyone who owns the land affected has been notified. This petition limits the use of guns and firearms on land and land owner rights are being taken away but the property owner can ask permission. This will be taken up at Town Meeting on January 5, 2015 Daniel Ensminger noted that the Warrant is posted around Town and will be published in the j newspaper. John Halsey said it is not possible to mail to all the residents. The Town Manager noted that we have emails for a lot of residents but the problem is what to say. i Tony Tori from Juniper Circle noted that this was put on the Warrant without due diligence being done. He also noted that the comment that was made about where the shooting is coming ( from is not accurate and the comment about the property being too dangerous for archery hunting is not true — it has never been deemed dangerous. He cited Chapter 131 Section 37 of the Mass General Laws which indicates that a family member or employee can kill animals to protect their property. The person who is firing a gun at midnight is not law abiding so everyone f should not be punished. Mr. Tori noted that the person has to be 500 feet from a building and the comment that rifles can shoot three miles is not true. The Town Manager noted that Town Counsel has ruled that what the petition asks for can be i done, but Town Counsel has not been asked if this accomplishes the purpose because it is really I an opinion. The petitioners have to speak to that. t Dorothy Marshall, 88 Timberneck Drive and originator of the petition, indicated that she is astounded that a person doesn't need Selectmen's approval to fire a gun, but they need Selectmen approval to use fireworks. She noted that her son was run out of Timberneck Swamp years ago by a hunter. She indicated she initiated thisprocess in July and there have been many delays. She feels this is a public safety issue. Walter Marshall indicated that this is not an anti- hunting item,they are just afraid of the gun shots. 4' I €. I E Daniel Ensminger asked when was the last time they heard gun shots and Barbara Bono indicated in March. Daniel Ensminger asked if there was any evidence of gun shots and Chief Cormier indicated there was not. John Arena asked the Marshalls if changing the Bylaw will stop the sounds they are hearing at night and Mr. Marshall indicated this is a start. John Halsey noted that the Mass General Law is pretty clear about what firearms can be used. Dorothy Marshall noted that the environmental police told her rifles can be shot during the day. ` John Halsey asked the Marshalls why they want to impact all 43 properties in Reading and Mr. Marshall indicated they want to eliminate the potential of something happening. l Page 14 ` Board of Selectmen Minutes—December 9, 2014—page 5 Bill Brown noted that the petitioner got a lot of signatures on Election Day and he hopes they were at least 150 feet from the fieldhouse. The Marshalls indicated they were. Ed Sartell, 22 Oakridge Road, noted that he's been hunting for many years and a firearm going off in the dark is almost impossible to hear unless a second shot is fired. He also noted that an air rifle can produce the same sound. He also noted that what that person is doing is illegal. Stephen Crook, 127 Pleasant Street, noted that Town Meeting will want to see the map of the properties. Barbara Bono, 104 Timberneck Drive, noted that the shots were very close to her yard. She knows who it is but won't say. She indicated they are trying to scare the coyotes. The shots did not come from the Rifle Range. Anthony Bono noted that there was news today about a hunter somewhere who accidently shot someone and he feels we shouldn't wait until that happens in Reading. Daniel Ensminger indicated that person broke the existing law. Mr. Toro from Juniper Circle noted that driving home is more dangerous than hunting. He noted that this is an effort to try to ban hunting one step at a time. Raymond Boyd, 451 Main Street, asked if there is a list of phone numbers for Town Meeting members and the Town Manager indicated the phone numbers are not provided by the Town, but the list of Town Meeting members is on the website. The Town Manager also noted that the Town Moderator will need to know ahead of time which non-Town Meeting members want to speak at Town Meeting. John Arena noted that any presentation material needs to be sent to the Town Moderator because it becomes an official public record. Dorothy Marshall asked what is Mr. Toro's opposition and Mr. Toro indicated that she is trying to take away a right that doesn't fix the problem. John Halsey noted that the Town Meeting Members are the deciding factor. Vote on Special Town Meeting Articles — A motion by Ensminger seconded by West to recommend the subiect matter of Article 3 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. A motion by Ensminger seconded by West to recommend the subiect matter of Article 4 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. A motion by Ensminger seconded by Halsey to recommend the subiect matter of Article 5 of the 2015 Special Town Meeting Warrant failed by a vote of 04-0. A motion by Ensminger seconded by West to recommend the subject matter of Article 6 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. A motion by Ensminger seconded by West to recommend the subiect matter of Article 7 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. Page 15 C C I Board of Selectmen Minutes—December 9, 2014—page 6 A motion by Ensminger seconded by West to recommend the subiect matter of Article 8 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. fr A motion by Ensminger seconded by West to recommend the subiect matter of Article 9 of the 2015 Special Town Meeting Warrant was approved by a vote of 4-0-0. Approve Addendum to the Regional Health Agreement with Melrose—A motion by Ensminger seconded by West that the Board of Selectmen delegate authority to the Town Manager to ° approve payments for public health services provided by the City of Melrose due to temporary Reading position vacancies was approved by a vote of 4-0-0. u Approval of Minutes A motion by Ensminger seconded by West to approve the minutes of October 28, 2014 was approved by a vote of 3-0-1 with Arena abstaining. A motion by Ensminger seconded by West to approve the minutes of November 18, 2014 was approved by a vote of 4-0-0. 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 litigation and 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 four members voting in the affirmative. 1 f espectfully submitted, Secretary s s F S r E. L t ptip: Page 1 6