Loading...
HomeMy WebLinkAbout2014-11-18 Board of Selectmen Minutes OFR x c Town of Reading Meeting Minutes +►xcoa'°� Board - Committee - Commission - Council: Board of Selectmen Date: 2014-11-18 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, RMLD General Manager Coleen O'Brien, Jane Parenteau, Brian Smith, Recreation Administrator John Feudo, Bill Brown, Stephen Crook, Justin Lizotte Minutes Respectfully Submitted By: Secretary Daniel Ensminger Topics of Discussion: Reports and Comments Selectmen's Liaison Reports and Comments - John Arena noted that Town Meeting has been busy with the review of the Zoning Bylaws and the quality and number of comments Are what he expected. John Halsey noted that he attended two Board of Health meetings. They are working on a strategic plan on where they are where they want to be. They invited Winchester Hospital, Hallmark Health, Peter Sanborn Place and other organizations to be part of the workshop. He expects they will have something to bring to the Board of Selectmen in January. Kevin Sexton noted that he and John Halsey attended the Veteran's Day breakfast and it was very well attended. He also noted that Frank Driscoll put on a nice program and the keynote speaker was very good. Town Manager's Report - The Town Manager noted that he attended a cultural meeting today consisting of about 100 groups. They will be getting out to the public pretty soon with a brand name. He also noted that he has added a Selectmen's meeting in January. The FY16 budgets are underway - we can't add much but will look at the longer term plan. There will be private road discussions in the near future that he will not be able to participate in. The first discussion is for private roads left by accident by developers who didn't complete the necessary paperwork. The second discussion is on private roads that homeowners want to be made public but the Town's standard is very high and not necessarily appropriate for all private roads. He intends to bring the accidental private roads to the Annual Town Meeting. John Arena asked if there was any money left behind for the accidental private roads and the Town Manager noted yes; but it might be hard to find. Page 1 1 Board of Selectmen Minutes - November 18, 2014 - page 2 R Discussion/Action Items I RMLD Presentation - LED Program and Organizational/Reliability Study - RMLD General Manager Coleen O'Brien, Jane Parenteau and Brian Smith were present. §; Ms. O'Brien noted that they are transitioning from being reactive to responsive communication. They have unbundled the bills and the first unbundled bill was in July. She noted that the Reading Municipal Light Department is ranked as having one the lowest rates in the state. They are below the regional and national average in interruptions. Trees, vehicles and equipment are the main causes of outages. An organizational study is being done took look at employees, processes, salary ranges, restructuring, etc. They are also working on a reliability study which is a 20 year plan. The focus will be to load the skeleton of the GIS. Marsie West asked what the timeline is for the GIS and Ms. O'Brien noted this has been in the process for a long time. They need to start this process over because they are going from reactive to proactive. She noted that defaulted information does not help them, everything hinges on the GIS. John Arena asked why the original plan failed and Ms. O'Brien noted that it wasn't planned properly - they didn't visualize well. She also noted that we are joining Verizon's double pole software in January. LED Street Lights - Brian Smith noted that he met with the Town Manager about installing LED street lights and they installed 25W street lights to replace 50W, 100W and 250W. They also installed 93W flood lights in certain locations. The Town Manager noted that he didn't publicize the change so we would get honest feedback. There have been no complaints. He sent the Police around and they say it is fine. I Brian Smith also noted that the Town has some street lights that were shut off years ago to save money. The Police Chief has looked at these lights and they will be removed. This will avoid phone calls from residents about lights being out. Kevin Sexton asked if there is a cost benefit that is being tracked and Mr. Smith indicated j $3.3 million is the total cost. The $125 for the LED street lights is being split between four I towns. The cost of the fixture is covered in the rate. F Tree Trimming - Brian Smith noted they are going from a three year to a five year cycle. Some areas have to be visited more frequently so they will do directional trimming and increase from a five foot cut to an eight foot cut. They will be using a new tree company l and they will need to have an arborist. Daniel Ensminger asked if Comcast or Verizon gets involved in the tree trimming and Ms. O'Brien noted they do not contribute but they do take advantage of our program. Charging Stations - Jane Parenteau noted that they are installing three dual charging t stations to charge six vehicles at one time. This is at a commercial site in Wilmington and the employee will pay for the electricity using a credit card. There are power rebates program to rebate 50% up to $1500 of residential and commercial charging stations. ` John Arena asked about the cost of charging and Ms. Parenteau indicated approximately $.25 per kilowatt hour equaling $2. Discuss Birch Meadow Field Lighting Project - Recreation Administrator John Feudo, Recreation Committee members Rich Hand, Dan Foley and Frank Driscoll were present. i s John Feudo indicated this discussion is about the possibility of adding lights at Birch Meadow. He reviewed a quote from Musco Lighting which is the industry leader and they service the lights under a 25 year contract. He broke the area into different sections. Since we can't develop the area anymore then lighting the fields would increase field time and that would solve scheduling issues. The poles that are currently there have tires around Page 1 2 the Board of Selectmen Minutes - November 18 2014 image 3 them and some are leaning at 45 degree angles. He also noted that some of the lights are left on all night and that is a huge waste of money. With the Musco system he would just call or go online and to turn the lights on or off. John Arena asked if the RMLD could do anything for this and the Town Manager indicated he did not know. John Arena indicated he supports this but where is the money coming from. John Feudo noted that perhaps it could come from capital and do some fundraising if need be. John Halsey asked if Town Meeting already approved money for this and the Town Manager indicated that they approved some lighting money. John Halsey noted that the installation lasts 25 years and we can recapture the capital costs through rentals. Justin Lizotte, 246 Bancroft Avenue, asked how parking will be impacted. He lives in the last house on the end of the road and he also noted that the lights are on at Morton Field and nobody is there. The Town Manager noted the parking situation would be handled by the Recreation Committee or the Board of Selectmen as road commissioners. He noted that the whole area needs to be looked at, not just one section. Bill Brown noted that Engineering has the original plan from 1930 and nothing has changed. They had the same problems then. John Arena summed up that noise, lights and traffic are issues that need to be addressed. Request to Remove Restriction on the Sale of Nips for Liquor Junction 1 General Way - Jasmin Patel, owner of the Liquor Junction, indicated they are requesting the Board to remove the restriction on the sale of nips. The customers are requesting this. The Town Manager noted that they are the only package store with this restriction. The restriction was offered by the former owner mainly because he did internet sales. Daniel Ensminger noted that this is a very well run store. A motion by Ensminger seconded by Halsey to remove the restriction on the sale of nips from the Liquor Junction liquor license was approved by a vote of 5-0-0 Approve Change in Sunday Hours for Liquor Stores - The Town Manager noted that the Governor passed a law allowing package stores to open at 10:00 a.m. The licensees are required to notify the Town that they are doing this and the Selectmen have no option but to approve it. He also noted that Pamplemousse has not requested this at this time. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the change in Sunday hours for liquor stores to open at 10:00 a.m. for: ♦ Busa's Reading Liguors, Inc. d/b/a Busa's Reading Liquors 345 Main Street ♦ Athens Liauors. Inc. d/b/a Square Liauors, 11 High Street ♦ Jay and Ricky, Inc. d/b/a Ricky's Liquor, 214 Main Street ♦ Kaial and Kevin LLC d/b/a Liquor Junction, 128 Market Place Shopping Center, One General Way ♦ Brooks Brew and Fine Wines, LLC d/b/a The Wine Shop and More 676 Main Street was approved by a vote of 5-0-0. Page 1 3 Board of Selectmen Minutes - November 18, 2014 - page 4 t Approve Liquor Licenses - The Town Manager noted that this is the annual renewals and there are no objections from the Police. John Halsey noted that people have been questioning why Ricky's Liquor is open. He noted that Ricky's Liquor was given a 90 day suspension for selling to minors. This was in addition to a four day suspension. They appealed to the Alcoholic Beverage Control Commission and their ruling was to carry over 40 days for two years based on good behavior. They already served 54 days and should another violation happen in 2 years then they will serve the 40 r days on top of any new suspension. fi F Daniel Ensminger noted that the ABCC cannot supersede the Board of Selectmen so the Board of Selectmen approved the landmark ruling. ' The Selectmen noted that their guidelines need to be reviewed in the future. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the All Alcoholic Club Liquor Licenses for: ♦ Reading Overseas Veterans, Inc. d/b/a Reading Overseas Veterans, 575 Main Street l F j ♦ Meadow Brook Golf Corp. of Reading, MA d/b/a Meadow Brook Golf Club, 292 Grove Street f ♦ Home Building Corp. d/b/a Knights of Columbus, 11 Sanborn Street ♦ Reading Veterans' Association, Inc. d/b/a American Legion Post 62, 37 Ash Street I t for a term expiring December 31, 2015 subiect to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. E r I f A motion by Ensminger seconded by West that the Board of Selectmen approve the All Alcoholic Package Store Liauor Licenses for: g 4 6 ♦ Busa's Reading Liguors, Inc. d/b/a Busa's Reading Liguors, 345 Main Street ♦ Athens Liauors, Inc. d/b/a Sguare Liguors, 11 High Street ♦ Jay and Ricky, Inc. d/b/a Ricky's Liauor, 214 Main Street ♦ Brooks Brew and Fine Wines, LLC d/b/a The Wine Shop & More, 676 Main x Street j ♦ Kaial and Kevin LLC d/b/a Liauor Junction, 128 Market Place Shopping Center, One General Wav r ♦ Pamplemousse Inc. d/b/a Pamplemousse, 26 Haven Street i for a term expiring December 31, 2015 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. I i t � F t Page i 4 Board of Selectmen Minutes - November 18, 2014 - page 5 A motion by Ensminger seconded by Halsey that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: ♦ Mandarin Reading, Inc. d/b/a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom, Inc. d/b/a Cafe Capri, 355 Main Street ♦ CAC Foods, Inc. d/b/a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d/b/a Chili's Grill & Bar, 70 Walkers Brook Drive ♦ The Boland Group III, LLC d/b/a Fuddruckers, 50 Walkers Brook Drive ♦ Bertucci's Restaurant Corp. d/b/a Bertucci's Italian Restaurant 45 Walkers Brook Drive ♦ RARE Hospitalitv International, Inc. d/b/a Longhorn Steak House 39 Walkers Brook Drive ♦ Ristorante Pavarotti, Inc. d/b/a Ristorante Pavarotti, 601 Main Street ♦ Phider Corp. d/b/a Grumpy Dovle's, 530 Main Street ♦ KOK, Inc. d/b/a Ove's, 26 Walkers Brook Drive ♦ Bistro Concepts, Inc. d/b/a Sam's Bistro, 107 Main Street ♦ Reading Pie LLC d/b/a Portland Pie Company, 54 Haven Street ♦ RKR Corporation d/b/a Bunratty Tavern, 622 Main Street for a term expiring December 31, 2015 subiect to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. A motion by Ensminger seconded by Sexton that the Board of Selectmen approve the Wine and Malt Liguor License for: • Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2015 subiect to the following conditions: All Bylaws, Rules'and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager or his designee was approved by a vote of 5- 0-0. Hearing - Aporove FY15 Classification Plan - The Secretary read the hearing notice. The Town Manager noted that background material is on pages 20, 21 and 22 of tonight's handout. His old position was left vacant and was called Assistant Town Manager/Administrative Services. The Charter Committee discussed that the Ombudsman be delegated by the Town Manager to another employee. He feels it is not appropriate to have an Assistant Town Manager being an advocate for the public. His solution is to leave the one Assistant Town Manager position and add the Administrative Services Director position. He would also like a Selectman to assist in the hiring process. John Halsey and Daniel Ensminger indicated either one of them would be available to assist. A motion by Ensminger seconded by Sexton to close the hearing was approved by a vote of 5-0-0. Page 1 5 Board of Selectmen Minutes - November 18, 2014 - page 6 E t A motion by Ensminger seconded by West that the Board of Selectmen annrove the amendment to the FY15 Classification Plan by removing the "Assistant Town Manager/Administrative Services" Position and adding the "Administrative Services Director" Position was approved by a vote of 5-0-0. Discuss Proposed Charter Changes - The Town Manager noted that the Selectmen reviewed the proposed charter changes but John Arena was not present at that meeting. Marsie West asked if the amendments could be added in a table at the end instead of being s included with the document. She also requested that the definitions either be at the beginning or the end of the document. Marsie West noted there is also an issue with the wording of 7 days or less being business Y days. She also made note of the budget being available to the public not less than 7 days or more than 15 days. She asked if it has to be business days or just a certain amount of time. She recommends saying at least 15 days. John Arena indicated that wording is to 4 make sure there is no shotgun hearing. On that note, Marsie West recommended making it s 8 - 15 calendar days. The Town Manager noted that they removed the term "business" day out of the Charter. Marsie West noted that still doesn't resolve the computation of time issue. It refers to days that Town Hall is open which are business days. Bill Brown E recommended leaving it as is because it gets confusing when it comes to referendums. I' Marsie West indicated that doesn't work for the average citizen when it comes to vacancies, E removal procedures, recall procedures, etc. John Arena suggested referencing with an asterisk to go back to the section to clarify and Marsie West was fine with that. i John Arena noted Section 4.14 gives Boards and Committees the right to establish committees and he asked if those are ad hoc committees and if they have to follow the same open meeting law. The Town Manager indicated yes and Town Counsel recommends F giving all Boards and Committees a sunset clause. It was also noted that only elected Boards or Committees can establish committees. IDaniel Ensminger brought up the issue of two or more Selectmen allows a minority to put ! an article on the warrant that the Board of Selectmen might not want to support. He asked if they could add that it is sponsored "by courtesy" of the Board of Selectmen. Marsie West noted that the Warrant belongs to Town Meeting not the Board of Selectmen. Daniel Ensminger asked if they can specify which Selectmen approved it if it is only two and the Town Manager indicated they could. Daniel Ensminger indicated he would like to strike that or change to three or more Selectmen. John Halsey noted that everything the Selectmen i do is based on majority vote and why would this be any different. Marsie West noted they are not taking a vote they are just sending it to Town Meeting. Kevin Sexton suggested it should just be one then. John Arena indicated two is a filter. Daniel Ensminger noted that people can take the petition route and that only requires 10 signatures. Kevin Sexton asked i if there is an 11th hour scenario that the Board is not thinking of. The Town Manager noted ` f E it is nice to have an avenue to make it a more public process and petition articles have not l gone through the public process. Daniel Ensminger noted he will only support if the wording says "as a courtesy of the Board of Selectmen" because they will be bringing something to Town Meeting that hasn't been discussed yet. x Ensminger moved to recommend to the Charter Committee to strike section 2.13a. The motion was seconded by Sexton. Kevin Sexton suggested waiting and talking to Town i Counsel regarding different wording. Daniel Ensminger indicated he will table the motion until Town Counsel rules. The Town Manager noted he will ask Town Counsel but if we can't add the wording what do they want to do. John Arena responded to put the two "named } Selectmen" as the sponsor of the Article. John Halsey noted he never votes his rights away so he will vote against the motion. Kevin Sexton noted that he supports the wording of two or more "named Selectmen." Page 16 Board of Selectmen Minutes - November 18. 2014 - page 7 Kevin Sexton asked if we need the 100 voters for a Special Town Meeting and Marsie West indicated we don't have to call a Special Town Meeting. Marsie West asked if a registered voter can get signatures from another precinct and Bill Brown indicated no - the law says one man/one vote. The Town Manager noted that members of Boards, Committees and Commissions do not need to be a resident. We do have some committees that sometimes need business owners. Marsie West noted that the Building Committee is talking about having Finance Committee members. The Town Manager noted they are not specifying the Finance Committee but they could act as a liaison. Bill Brown noted that any committee of Town Meeting is exempt from the Open Meeting Law. The Town Manager disagreed and noted only Town Meeting is exempt from the Open Meeting Law. Marsie West noted that the Bylaw Committee serves no purpose other than being used as a platform for personal opinions. The Town Manager noted that he suggests changing to just covering the General Bylaws, not zoning. He also noted that Town Counsel has indicated there is no best practice for Bylaw Committees. John Arena noted that there is no charge for the Bylaw Committee. Stephen Crook, Chairman of the Bylaw Committee noted that they are too open ended and need to focus. John Arena noted that a scope of the Bylaw Committee needs to be added. The Town Manager noted that the petition that the Board received has the wrong date on it but Town Counsel says that is okay. John Arena noted he had concerns about that because in the past if a petition had any extraneous marks it would not be accepted. He questions why a wrong date would be accepted. Approval of Minutes A motion by Ensminger seconded by Halsey to approve the minutes of October 28, 2014 as amended was tabled at Marsie West's request because she has amendments that she forgot to bring with her. A motion by Ensminger seconded by West to approve the minutes of October 29 2014 as amended was approved by a vote of 4-0-1 with Arena abstaining. A motion by Ensminger seconded by West to go into Executive Session to discuss strategy with respect to collective bargaining and the Chairman declares that an open meeting may have a detrimental effect on the negotiating position of the body and not to come back into Open Session was approved on a roll call vote with all five members voting in the affirmative. R pectfully submitted, Secretary Page 1 7