HomeMy WebLinkAbout2015-11-17 Board of Selectmen Minutes OWN OFI?
Town of Reading
Meeting Minutes
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2015-11-17 Time: 7:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street
Purpose: General Business Session: Open Session
Attendees: Members - Present:
Chairman Daniel Ensminger, Vice Chairman John Halsey, Secretary Kevin
Sexton, John Arena and Barry Berman
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Police Chief James Cormier, Deputy Police
Chief Mark Segalla, Executive Assistant Paula Schena, Bill Brown, Eilish
Havey, Art and Jan Triglione, Erin-Calvo Bacci, Julie Thurlow, Leslie Leahy,
Michael Giacalone, Gina Snyder, Richard Coco, Al Sylvia
Minutes Respectfully Submitted By: Secretary Kevin Sexton
Topics of Discussion:
Reports and Comments
Selectmen's Liaison Reports and Comments - John Halsey noted that the Recreation
Committee has finalized the fee structure that has been shared with the users. They will
inform Town Meeting of the evolving Birch Meadow Committee and they have invited user
groups in tonight and are sharing the outcomes of the survey. Abutters will be invited in to
review the plan. Also, neighbors had concerns regarding parking and traffic and this needs
to be put on a Selectmen's agenda. They are requesting no parking on Bancroft except by
residents with plaques and enforcement will be important. They have redirected traffic to
parking lots in GPS. They have also asked for improved signage directing to appropriate
parking places. The Town Manager noted this will be addressed at the joint meeting with
the Recreation Committee on December 15th and John Halsey noted they want to report the
Selectmen approved this at their December 8th meeting.
Barry Berman asked who decides on the Recreation fees and John Halsey noted the
Recreation Committee. Barry Berman congratulated John Halsey and Kevin Sexton on the
Fire Safety issue that went before Town Meeting.
Kevin Sexton noted that he attended the RMHS Mary Poppins and it was absolutely
phenomenal.
Daniel Ensminger noted that he attended the Veterans Day services and gave the main
address. He noted that children read poems and there was a very good turnout.
Public Comment - Tony Torra, Juniper Circle, thanked the Board for taking the time on the
Firearms issue. He is against the decision but respects it. He asked Kevin Sexton if the
comment that he made at Town Meeting about "now no one can shoot off a gun in Home
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Board of Selectmen Minutes - November 17, 2015 - page 2
Depot Parking lot" was a Town's position or personal. Kevin Sexton indicated it was not, it
was a personal remark. Tony Torra noted that remark was incorrect. He noted that he and
other hunters took offense at that remark because they are not irresponsible people who
would be shooting guns off in the Home Depot parking lot. Kevin Sexton apologized and
noted it was a theoretical statement that they wanted a better Bylaw, it was not meant to
reflect on the hunters in Town.
Town Manager's Report - The Town Manager noted that Governor Baker came to Reading
on Veteran's Day to unveil a new Veterans loan program for the three condos on the corner
of Woburn and High.
The Garden Club is coming in on December 15th to discuss water for Adopt an Island. There
is information in tonight's packet from Matt Kraunelis regarding establishing a Disability
Commission. Also, a builder and his attorney came in to talk about rental units at St.
Agnes. In addition, the Board will discuss the Animal Control Bylaw at their meeting on
January 26tH
Discussion/Action Items
Liquor License Renewals - The Town Manager noted this is the annual liquor license
renewals. There are no concerns from the Police.
A motion by Sexton seconded by Berman 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 - pending issuance of certificate of inspection by Building
Inspector once renovations are done
♦ Meadow Brook Golf Corp. of Reading, MA d/b/a Meadow Brook Golf Club, �-
292 Grove Street
♦ 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
for a term expiring December 31, 2016 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 Sexton seconded by Berman that the Board of Selectmen approve the
All Alcoholic Package Store Liguor Licenses for:
♦ Busa's Reading Liquors, Inc. d/b/a Busa's Reading Liquors, 345 Main Street
♦ Raksha, Inc. d/b/a Square Liquors, 11 High Street
♦ Jay and Ricky, Inc. d/b/a Ricky's Liquor, 214 Main Street
♦ Brooks Brew and Fine Wines, LLC d/b/a The Wine Shop & More, 676 Main
Street
♦ Kaial and Kevin LLC d/b/a Liquor Junction, 128 Market Place Shopping
Center, One General Way
♦ Pamplemousse Inc. d/b/a Pamplemousse, 26 Haven Street
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Board of Selectmen Minutes - November 17, 2015 - page3
for a term expiring December 31 2016 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
A motion by Sexton seconded by Berman that the Board of Selectmen approve the
All Alcoholic Restaurant Liquor Licenses for:
♦ Anthony's Coal Fired Pizza of Reading LLC d/b/a Anthony's Coal Fired Pizza 48
Walkers Brook Drive - pending issuance of inspection certificate from the
Building Inspector once construction is complete
♦ 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 Hospitality International, Inc. d/b/a Longhorn Steak House 39 Walkers
Brook Drive
Ristorante Pavarotti, Inc. d/b/a Ristorante Pavarotti, 601 Main Street
♦ Unagi Servers Inc. d/b/a Biltmore & Main Bar and Grill, 530 Main Street
♦ KOK, Inc. d/b/a Ove's, 26 Walkers Brook Drive
♦ Bistro Concepts, Inc. d/b/a Fuscilli's Cucina, 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, 2016 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 Sexton seconded by Berman that the Board of Selectmen approve the
Wine and Malt Liquor License for:
• Palatat Pattenesuan d/b/a Bangkok Spice Thai Restaurant, 76 Haven Street
for a term expiring December 31, 2016 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.
Approve Amendments to the Johnson Woods Regulatory Agreement - The Town Manager
noted that Johnson Woods asked last June if they could swap an affordable unit. This
amendment will still satisfy the affordable housing agreement.
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Board of Selectmen Minutes - November 17, 2015 - page 4
A motion by Sexton seconded by Berman that the Board approve the Local
Initiative Program Amendment to Johnson Woods Regulatory Agreement and
Declaration of Restrictive Covenants for Ownership Proiect dated August 24, 2015
and authorize the Chair to sign on its behalf was approved by a vote of 5-0-0.
Authorize Town Manager to Sign Settlement Agreements for Sutton Brook Area (Article 12)
- The Town Manager noted that Town Meeting approved the settlement of the litigation so
the Selectmen need to authorize him to sign the settlement agreements.
A motion by Sexton seconded by Arena that the Board authorize the Town
Manager to sign on its behalf all documents needed to complete the Sutton Brook
Disposal Area Superfund Site settlement was approved by a vote of 5-0-0.
Police Department Master Planninq - Police Chief James Cormier and Deputy Police Chief
Mark Segalla were present.
Chief Cormier noted that he wants to make the Board aware of what is on the horizon
before a new Chief comes onboard. The Department is fully staffed. They recently tested
for new hires and we had 150 candidates. He noted that was an impressive number
because there has been an overall decrease in interest in Police exams due to the economy
being good. He anticipates four to five new hires over the next year due to retirements.
There will be promotions coming up after July 1 and he has hired a vendor and they will
give a 180 day notice to officers to prepare. Labor relations are going well and the
transition to a new Chief should go smoothly.
Barry Berman asked if the Chief anticipates any new officers and Chief Cormier noted that
there will be a request in the FY17 budget for an additional School Resource Officer. John
Halsey asked if that Officer would be for the middle school and Chief Cormier noted that the
focus has been on the High School and he would like to focus on the middle school. He
feels it is important for students and parents to feel comfortable with the School Resource
Officer.
Chief Cormier noted that the department will do re-accreditation in August 2016. The
contracts are up to date and expire June 2017. Dispatch will need significant capital
improvements to keep up with technology. The Dispatch furniture needs to be updated. He
was holding off for regionalization but he doesn't see that happening. Rehab of the
Dispatch Center could cost approximately $200,000 - $500,000.
John Halsey asked if we receive a Dispatch grant and Chief Cormier noted we use that to
offset salaries.
John Arena asked if there is any thought to lead the discussion in regionalization and the
Town Manager noted that Reading has the least to benefit from that so he doesn't see any
way to try.
Chief Cormier noted that tablet devices for Officers are another potential expense for a
powerful tool. Body worn cameras are another potential expense. The only problem with
cameras is the information request can be time consuming to view. It could be
overwhelming. He would suggest developing a policy now so when the time comes we will
be all set. Developing the policy will involve labor negotiations.
Barry Berman indicated he was under the impression that putting cameras on Officers can
have a negative effect on the Officer. Chief Cormier noted that studies show significant
benefits to having cameras. He noted that they video all booking processes and he has
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Board of Selectmen Minutes - November 17, 2015 -page 5
never received a complaint about the booking process. He thinks body cameras will be
mandated. Chief Cormier noted that it is all in acceptance and leaders. It can be
successful. He also noted that the Officers do not have Tasers and they need an
intermediator option. He noted that Tasers cost approximately $2,000 per Officer and some
of the Tasers come with cameras. John Arena asked about the annual cost of ammunition
and maintenance for the Tasers and Chief Cormier noted approximately $25 each.
Chief Cormier noted that the Fire Department uses Narcan but the Police do not. Narcan
can be costly to replace at $50 for each Narcan. He also noted that he and Deputy Chief
Segalla attended an anti-terror meeting this morning. An armory in Massachusetts was
broken into and weapons were stolen. He noted that the Town might want to purchase
detecting devices.
John Arena thanked Chief Cormier for this leadership over the years. John Halsey thanked
Chief Cormier and his team and noted that he has done a great job in our town - we had
150 applicants at our door waiting to work for us.
Chief Cormier thanked the Board of Selectmen and management for all of their support.
Continued Hearing on Tax Classification for FY2016 - The Town Manager noted that this is a
continued hearing and asked if there were any new speakers.
Mike Palmer, owner of Fusilli's Cucina 107 Main Street noted that he purchased the building
in 2009 and the taxes were $9,800. The taxes were $15,500 in 2010 and now they are
$25,000. He did file for an abatement and got the amount reduced to $22,000. He noted
that he owned property in Woburn and Melrose and his Reading location is 4000 feet shy of
his Woburn location yet he pays $7000 more in taxes in Reading. He asked why there was
such a difference and John Halsey noted it was the assessment. Mr. Palmer noted that if
the commercial tax is raised it will hurt him. Assessor Victor Santaniello noted that each
town is on a different schedule and each Town has different values. Reading is more
expensive.
Erin Calvo-Bacci, owner of 494 Main Street, indicated she is speaking as an advocate for the
retailers. She noted that people shop on smart phones, they go to New Hampshire and they
shop in Lynnfield. She noted that a tax increase will be rolled to people leasing. She noted
that the Town needs large businesses like biotech.
Richard Coco noted that he served on the Finance Committee in the early 90's and a
subcommittee looked at the split tax rate and recommended it. He feels the taxes in
Reading are going the wrong way.
Lisa Delio, owner of a salon in Reading and President of the Chamber of Commerce noted
that commercial property is only 8% of the Town. It would not be fair to split the rate
because they don't share the benefits as residents i.e. no trash pickup, no school use, plus
they pay a personal property tax. They ask the Board to vote against a split rate.
Julie Thurlow, President of Reading Co-Operative Bank noted that most businesses are
tenants and this will impact their families.
Daniel Ensminger noted that the Board received an email from Linda Zarrow and read the
email into the record and is included in tonight's Selectmen packet and available on the
website.
Jack Leone, a CPA in Reading, noted that the Board is hearing the negatives of what will
happen and the Selectmen should give three reasons why they should welcome a split rate.
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Board of Selectmen Minutes - November 17 2015 - page 6
Lisa Egan, Director of the Chamber of Commerce, noted that she works close with the
businesses. Last winter hit everyone hard. Business owners volunteer time after hours and
give donations to may organizations in town. They give and want people to shop local. She
noted that a tax split is revenue neutral. ....�
Robin Crane, from Fitness Within, noted that she spends more in this community than she
does in her own community. The co-owner wants to live Reading. They are growing and
hiring two trainers. They don't make money on donations and will have to be more picky on
who they donate to.
Daniel Ensminger asked about the small commercial exemption. Victor Santaniello noted
that a small commercial exemption is for businesses with 10 or less employees and value
under $1 million. The Division of Employment Training supplied him with a list of 53
companies in Reading that might qualify. John Halsey asked if the value was prorated for
each business and Victor Santaniello noted it is not. The value is for the entire building.
Mike Palmer asked how valuation is guided because if the rate is changed he will be in a lot
of trouble. Victor Santaniello noted that towns might have different valuation cycles.
Eilish Havey, owner of Bunratty Tavern, noted that every item on the menu has an assigned
cost to cover the costs. It will cost money to cover the tax increase and meals taxes will
decrease.
Daniel Ensminger noted that residential exemption needs more discussion in the future.
John Halsey noted that the residential exemption has an exclusion of up to 20%. If we do
an override in the future we need to protect certain groups including small businesses and
senior citizens. It is still revenue neutral and he feels we are not at the right crossroad time
yet. He noted that we will have to reduce services if we don't have enough revenue to -�-
cover costs and everyone will have to chip in. Small businesses need to forecast ahead.
The seniors need to be protected. The analysis is not complete on whether people want
more services or more taxes.
John Arena noted that he is not sure how spreading the tax expense works yet but he did
note the exemption needs to be explained so it is crystal clear. He noted this won't happen
this year.
Barry Berman agreed that we are not ready yet. He noted there is an ability to shift to
different classes and he feels we need to revisit this. He would like to link a residential
exemption to an override. Victor Santaniello noted that he is looking at revamping
exemptions and perhaps look at a Home Rule Petition.
Barry Berman noted that he is in favor of splitting the tax rate in the future. In 2007 the
Town didn't look like it does now. Today we have more businesses and a vibrant downtown.
Reading has made many "Top 10 Lists" to live in. Stoneham, Wakefield, Melrose all have
commercial tax rates. Maybe 1.2 tax rate would still be well under the other towns. The
homeowners are subsidizing the businesses. There is never a good time to ask people to
pay more.
A motion by Sexton seconded by Arena to close the hearing establishing the
FY2016 tax rate was approved by a vote of 5-0-0.
A motion by Sexton seconded by Arena to not grant an open space discount for �..
Fiscal Year 2016 was approved by a vote of 5-0-0.
A motion by Sexton seconded by Arena to not adopt a residential exemption for
Fiscal Year 2016 was approved by a vote of 5-0-0.
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Board of Selectmen Minutes - November 17 2015 - page 7
Sexton moved and Arena seconded to adopt a residential factor of 1 for Fiscal Year
2016. A motion by Berman seconded by Ensminger to amend the main motion to a
residential factor of 1.15 failed by a vote of 1-4-0 with Ensminger, Halsey, Sexton
and Arena opposed. A motion by Ensminger seconded by Berman to amend the
main motion to a residential factor of 1.1 failed by a vote of 2-3-0 with Halsey,
Sexton and Arena opposed. The main motion was approved by a vote of 3-2-0
with Ensminger and Berman opposed.
John Halsey noted that people in the Town like the way it is and we need to explain to them
about a split rate. He feels this is not the right time. A residential factor of 1.1% equals a
savings of $65 per homeowner. The cost moves to 8% of the commercial and the $65
savings will end up being a $500 expense for those who shop local. Mr. Halsey noted that
homes in Reading are worth more than ever. Commercial property is worth three times the
residential property. The more commercial property the more the businesses make. He
recommends not splitting at this time.
Kevin Sexton noted that he wants to see a split rate tied to large commercial tenants
coming to town. He also wants to hear from homeowners what they want and we haven't
asked if they want this yet.
Daniel Ensminger asked John Halsey to explain how things will change if we wait one year.
Mr. Halsey noted that this should be discussed in a financial forum and we should let
citizens know. It is an unavoidable cost of doing business and everyone needs to pay
without beating up one group over another. We can protect some smaller businesses. He
noted that for some residents the tax bill is their biggest bill. He also noted that his vote
can change in one year.
Barry Berman noted that if we go with a combined factor then it should be tied to a
commercial exemption.
John Arena noted that who should pay more is the question. Businesses don't pay taxes
they collect them. The person who pays the residential tax is their customer. It should be
a single point approach and they should tell the truth. Pass it along to the resident, don't
try to hide it.
John Halsey noted that if we do a commercial exemption then we need to do a residential
exemption too.
A motion by Sexton seconded by Halsey to not grant a commercial exemption for
Fiscal Year 2016 was approved by a vote of 5-0-0.
Daniel Ensminger recommended starting the discussion to study all four areas in early 2016
with a possible look at a Proposition 2 1/2 override.
Barry Berman noted that we are all in this together and they are not pitting one against
another.
Climate Advisory Committee - Climate Advisory Committee Chairman Ron D'Addario and
members Gina Snyder and David Zeek were present.
Ron D'Addario noted that there is one cardboard recycling container in the CVS parking lot
and it is being emptied two times a week. Pope Francis is concerned about the environment
and asks that we be good stewards. Gina Snyder writes about 52 articles a year on Green
Sense. He thanked Laurie Ann Sylvia for coordinating Earth Day at the RMLD. Gina Snyder
noted that Stop and Shop is a member of the Recycling Green.
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Board of Selectmen Minutes - November 17 2015 - page 8
Gina Snyder noted that the Light Department is developing an RFP for bids for solar panels.
They are looking at Wilmington High School. They are also trying to pull together a
program for assistance to low income seniors to have energy audits done. Someone from
the Climate Advisory Committee will be there if the senior requests it. Daniel Ensminger
asked about funding and Gina Snyder noted they are speaking with Reading Co-Op and a
local church for private funding.
David Zeek noted that he wants to talk about natural gas leaks. He noted that there are
114 unrepaired gas leaks in Reading and the oldest is from 1991. The gas company grades
the leaks 1, 2 and 3. Grade 3 leaks don't have to be fixed and the lost gas is added into the
rate. The utility companies have to report the leaks they know about. There are 50 million
gallons lost year in Massachusetts. Approximately 5% of EMS calls are gas leak related.
John Arena asked if there was any thought for them to replace the lines when the streets
are redone and David Zeek noted that the DPW coordinates road replacements with the gas
company.
David Zeek noted that this is a highly regulated monopoly. Some companies report
negative loss. Methane is very bad for the environment. There are two Bills before the
legislature to address this. One is to stop billing the consumer for lost gas and the second
is to make them fix any grade leak when the road is opened up.
Daniel Ensminger noted that the first one makes sense and the second one is more punitive.
David Zeek noted that 14 communities have passed resolutions in support of this.
Ron D'Addario noted that if the Town supports it will help all three legislators.
John Halsey noted this came to us at the end of the summer and he was against the idea of
a resolution because it was not just a Reading issue. Now he has changed his outlook and
thinks we should pass a resolution because it would be beneficial to Reading.
Gina Snyder noted that DPW planted two elm trees at the train station and they died due to
gas leaks.
Barry Berman noted that it makes sense to support our delegation and pay it forward.
The Town Manager noted that Brad Jones doesn't necessarily support both Bills and we
should check with him first.
John Halsey noted that he is looking to support because of the 114 leaks not to support
legislators.
John Arena asked if there is any way a customer can ask them to fix the leak and David
Zeek noted the customer has no leverage. National Grid is a British company. There were
40,000 gas leaks in Massachusetts last year and 20,000 were fixed.
Approval of Minutes
A motion by Sexton seconded by Berman to approve the minutes of November 3,
2015 was approved by a vote of 4-0-1 with Arena abstaining.
A motion by Berman seconded by Arena to adiourn the meeting at 10:56 p.m. was
approved by a vote of 5-0-0.
Respectfully
ysubmitted'
Secretary
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